Backup Documents 04/27/2004 R
BOARD OF COUNTY
COMMISSIONERS
REGULAR MEETING
APRIL 27, 2004
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 27, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
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. 2003-53, AS AMENDED 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
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April 27, 2004
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WillCH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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 TillS 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
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr. Bob Petterson, Senior Pastor, Convenant Presbyterian Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members for
summary agenda.)
Approved and/or adopted with changes _ 5/0
B. April 5, 2004 - BCC/PUD Monitoring Workshop
Approved and/or adopted with changes _ 5/0
C. April 6, 2004 - BCC/City of Naples Joint Workshop
Approved and/or adopted with changes _ 5/0
3. SERVICE AWARDS
Presented
A. 20 Year Attendees
1) Patricia Lehnhard, Office of Budget and Management
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April 27, 2004
2) Steven Donovan, EMS
B. 25 Year Attendees
1) David Gigee, Transportation
2) Gail Watson, Library
4. PROCLAMATIONS
A. Proclamation to proclaim the week of May 2-8, 2004 as Drinking Water
Week. To be accepted by Steve Lang, Plant Manager SCRWTP; Steve
Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and
Howard Brogdon, Laboratory Supervisor.
Adopted - 5/0
B. Proclamation to designate the month of May, 2004, as Civility Month.
Will mail upon presenting the proclamation. To be accepted by David
Weigel, Attorney for Collier County Government.
Adopted - 5/0
C. Proclamation to recognize May 9-15, 2004 as Tourism Week in Collier
County. To be accepted by Jack Wert, Executive Director of Tourism
Department.
Adopted - 5/0
D. Proclamation to designate the week of April 26 through May 2, 2004 as
Florida American Association of University Women Week. To be accepted
by Cindy Anderson.
Adopted - 5/0
E. Proclamation to designate the first week in May every year as National
Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the
Golden Gate Fire Department.
Adopted - 5/0
F. Proclamation to designate the week of May 2 through May 8, 2004 as Be
Kind to Animals Week. To be accepted by Beth Walsh, Collier County
Interim Director for Domestic Animal Services.
Adopted - 5/0
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April 27, 2004
Added
G.
Proclamation designating May 6 as National Day of Prayer. To be accepted
by Rev. Michael Harper.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize John Conti, Field Engineering Inspector,
Transportation Division, as "Employee of the Month" for April 2004.
Recognized
6. PUBLIC PETITIONS
A. Public Petition Request by David Tetzlaff to discuss potential for the
County to purchase Caribbean Gardens property.
Direct staff to hold a workshop to discuss possibilities _ 5/0
B. Public Petition request by Larry J. Gantzer to discuss a Collier Junior/Public
Golf Course.
Direct staff to evaluate opportunities available and provide a report to
BCC within 30 days - 4/1 (Commissioner Henning Opposed)
Continued to the May 25, 2004 BCC meeting
C. Public Petition Request to discuss appeal of LDC Interpretation of PUD
located on Pine Ridge Road.
7. BOARD OF ZONING APPEALS
Continued to the May 25, 2004 BCC meeting
A. ADA-2004-AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor &
Associates, P.A., representing Pine Ridge Investors LLC, requesting to
appeal the formal interpretation issued by the Director of the Department
of Zoning and Land Development Review that states building construction
may not occur over the common boundary of the Pine Ridge Center PUD
and the Pine Ridge Center West PUD, which comprises + l7.60 acres and
is located in Section 18, Township 49 South, Range 26 East, Collier
County, Florida.
8. ADVERTISED PUBLIC HEARINGS
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April 27, 2004
A. This item was continued from the April 13. 2004 BCC Hearin2:. Public
Hearing to consider adoption of an Ordinance establishing the
Verona Walk Community Development District (CDD) pursuant to section
190.055, F.S.
Ordinance 2004-27 Adopted 4/1 (Commissioner Fiala opposed)
B. A Public Hearing to consider an application submitted by Naples
Community Hospital to the Board of County Commissioners for the
issuance of a Certificate of Public Convenience and necessity to provide
transportation services for the inter-facility transfer of post hospital
patients.
Approved w/stipulations- 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Forest Lakes Roadway & Drainage Advisory
Committee.
Resolution 2004 -161 Re-appointing Robert Cunningham- Adopted 5/0
B. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2004 -162 Appointing Raymond J. Bowie-Adopted 5/0
C. Appointment of members to the Bayshore Beautification MSTU Advisory
Committee
Resolution 2004 -163 Appointing Sharon King and Victor L. Brittain
Adopted- 5/0
D. Appointment of members to the Housing Finance Authority
Resolution 2004 -164 Appointing George C. Mohlke, Jr. and T.M.
Hayes-Adopted 4/1 (Commissioner Henning Opposed)
10. COUNTY MANAGER'S REPORT
A. Approve Tourist Development Category "A" 1 0- Year Expense and Revenue
Projections.
Approved 4/1 (Commissioner Henning opposed)
Withdrawn
B. To receive Board approval of an Interlocal Agreement between Collier
County and the City of Naples regarding construction of the Golden Gate
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April 27, 2004
Parkway at Airport Road Overpass.
Moved from Item #16A13
C. Approve the execution of a mutual general release between the County
and former employee Lee H. Combs and to waive recovery of Grants
Management Certification training and related travel expenses of Lee H.
Combs in the amount of $4,162.76.
Approved 5/0
Moved from Item #16B3
D. Approve reimbursement to the City of Naples for the Sandpiper
Boulevard Intersection Improvements in the amount of $146,080.
Approved 5/0
Moved from Item #16E4
E. Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services
for Collier County." (Estimated maximum annual contract amount not to
exceed $500,000 per firm).
With Kelley Swofford Roy, Inc., Kidd Tucker Group, Abovewater
Public Relations & Marketing and Gilbert & Manjura Marketing, Inc.
Approved w/stipulations - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Karen Bishop regarding the possible leasing of a property in front of
Baywest Nursery
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Halas will not be at the May 25, 2004 meeting.
B. John Torre background check
C. FEMA letter: Flood insurance study and Flood Insurance Rate Map by
12/01/04; Chairman to send letter to FEMA - Approved 5/0
D. Golden Gate Parkway - Airport Road overpass _ Discussed
E. Staff provide a report regarding signs that advocate violence
F. Commissioner Fiala's Island meeting to be held WedneSday, April 28th
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April 27, 2004
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at MackIe Park at 7:00 p.m.
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 w/changes 5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant final approval of the roadway (public), drainage,
water and sewer improvements for the final plat of "Timber Ridge,
Unit Two" the drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Immokalee
Water and Sewer District, the roadway improvements will be
maintained by Collier County.
Resolution 2004-115
2) Request to approve for recording the final plat of "Fiddler's Creek
Parkway Extension, Phase 3", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Approved w/stipulations
3) Approval of the Satisfaction of Liens for Resolution No. 2002-395,
2003-435, 2003-442 and 200-3440.
As detailed in the Executive Summary
4) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003051145/ H S Partnership, 200311 0551/Stonestreet, William M.,
2003091073/Wilkinson-Meffert Const. Co. Inc., 20030907011
Wilkinson-Meffert Const. Co. Inc., 2003091072/Wilkinson-Meffert
Const. Co. Inc., 2003091071/ Wilkinson-Meffert Const. Co. Inc.,
2003101140/Wilkinson-Meffert Const. Co. Inc.
Resolution 2004-116 through Resolution 2004-122
5) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003100068/ A vila, Filomeno & Maria 1., 200310035 8/Baton
Rouge,LLC, 20031 00 882/Bray, Steven F., 200311 0796/Condori,
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April 27, 2004
Franklin & Haydee, 2003110797 /Condori, Franklin & Haydee,
2003110798/Condori, Franklin & Haydee, 2003100 199/HamiIton Bay
Dev., LLC, 2003100811/Perseco Corp., 2003110488/Baron, Mimon
Resolution 2004-123 through Resolution 2004-131
6) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003120857/Delarosa, Sandy L., 2003120487/Eichaker, William H.
& Ayako, 2003091183/Mobil Oil Corp. 2003081551/ Horse Creek
Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081505/ Horse
Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/
Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent),
2003081546/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg.
Agent), 2003081540/ Horse Creek Partners, Ltd.,Alan Schiffman _
(Reg. Agent), 2003081538/ Horse Creek Partners, Ltd.,Alan
Schiffman -(Reg. Agent), 2003081554/ Horse Creek Partners,
Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/ Horse Creek
Partners, Ltd.,Alan Schiffman -(Reg. Agent)
Resolution 2004-132 through 2004-142
7) Approval of the Satisfaction of Liens for Code Enforcement Board
Case No. 2003-050, 2003-049, 2003-007, 2003-025, 2003-046, 2003-
029 and 2002-033.
As detailed in the Executive Summary
8) Request to approve for recording the final plat of "Mission Hills
Shopping Center", and approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
Approved w/stipulations
9) That the Board of County Commissioners of Collier County, Florida,
accept $1,500.00 as satisfaction for a second mortgage, and execute a
satisfaction of mortgage.
10) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003110863/Benjamson, Martin 1. & Lillian E., 20031 00815/Dion,
Cheryl L., 200308 1 437/Endres, John D., 2003110659/Glover, Lizzie
H., 2003101236/ Glover, Lizzie H., 2004010316/Gomez, Jesus,
2003090838/Gray Est., Charlie Mae & Willie J. Underwoood Est.,
2003120081/La Rue, Claude E., 200310 1195/Melendez, Miranda,
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April 27, 2004
2002060752/Springs, Matthew J. & Paula A.
Resolution 2004-143 through Resolution 2004-152
11) Request to grant final approval of the roadway (Public), drainage,
water and sewer improvements for the final plat of "Habitat Village"
the roadway and drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Collier
County.
Resolution 2004-153
12) Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Calumet Reserve"
the roadway and drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Collier
County.
Resolution 2004-154
Moved to Item #10C
13) Approve the execution of a mutual general release between the
County and former employee Lee H. Combs and to waive recovery of
Grants Management Certification training and related travel expenses
of Lee H. Combs in the amount of$4,162.76.
14) Requesting the Board of County Commissioners to authorize
Engineering Review staff and the County Attorney's office to amend
Ordinance 2002-01, the Collier County Administrative Construction
Code (ACC), which amends CHAPTER 1 of the Florida Building
Code (FBC), Administration, codified as chapter 22 of the Collier
County Laws and Ordinances, as it pertains to fill materials and
finished floor elevations.
15) To Approve a budget amendment transferring $250,000 from
Community Development and Environmental Services fund 113
Building Permit Reserves to Capital for the refurbishment of the
existing Community Development and Environmental Services
(CDES) building.
16) Recommendation that the Board of County Commissioners approve a
Budget Amendment of $27,485.00 from Fund l86 Operating
Expenses to Fund lll-13 8318 Operating Expenses to reimburse Fund
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April 27, 2004
111-138318 for payments made for utility and road projects in the
Immokalee Redevelopment District.
17) Approve the local Housing Assistance Plan (HAP) and Interlocal
Agreement for fiscal years 2004-2005, 2005-2006, and 2006-2007 as
required by the State Housing Initiatives Partnership (SHIP) Program.
Resolution 2004-155
B. TRANSPORTATION SERVICES
1) Accept the conveyance ofa Quit Claim Deed for Tract "A" of Tarpon
Bay Boulevard, which is required for the purpose of maintaining
Tarpon Bay Boulevard as a public road. Estimated fiscal impact:
$10.50.
2) Request the Board approve and authorize the Chairman to sign, an
easement use agreement, allowing homeowners to continue using a
permitted cabana which was constructed within a public utility &
drainage easement held by Collier County.
With H. Albert and Maria C. Forero for property located at Lot
1, Block E, Westlake, Unit No.2.
Moved to Item #10D
3) Approve reimbursement to the City of Naples for the Sandpiper
Boulevard Intersection Improvements in the amount of $146,080.6l.
4) Request the Board approve the installation of a traffic signal at the
intersection of Collier Boulevard and Business Circle Drive South at
an annual maintenance cost of approximately $3,500.
All cost associated with the design and construction of the traffic
signal installation will be borne by the developer of the Wal-Mart
Market Center PUD.
5) Board approval of Adopt-a-Road Program Agreements at the Board of
County Commissioners meeting April 27,2004.
With Your Child Care, First Assembly of God, Harrison-Barry
and Scott Gundeck, General Contractor.
6) Request the Board to approve a landscape installation and
maintenance agreement between Brynwood Preserve Residents
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April 27, 2004
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Association and Collier County for landscaping within the right-of-
way on Livingston Road.
All expenses associated with the improvements and ongoing
maintenance shall be the responsibility of the developer and the
property owners association.
7) Approve a budget amendment in the amount of $l ,654,309 for the
Final Judgment for Parcel 110, Collier County Vs. Northside
Construction Company for Pine Ridge Road 6 Laning Project No.
60 111.
8) Award of contract # 03-3505 - "Consultant Services for Developing a
Roadway Asset Inventory Database" in the estimated initial contract
amount of $502,259.50.
With Space Imaging, LLC.
C. PUBLIC UTILITIES
1) Approve Amendment 1 to Contract 03-35 I 7 with Greeley and Hansen
LLC for "Professional Engineering Services for Water Main Projects"
in the amount of$72,710. Project 60001.
2) Adopt a Resolution and approve a Declaration of Easement for a deep
injection well and monitoring well facilities at the North County
Water Reclamation Facility, at an estimated cost not to exceed $10.50,
Project Number 73948.
Resolution 2004-156
3) Convey a Utility Easement from Collier County, a political
subdivision of the State of Florida to the Board of County
Commissioners of Collier County, Florida, as Ex -Officio the
Governing Board of the Collier County Water-Sewer District to
reflect the as-built location of a raw water line at a cost not to exceed
$10.50, PUED Project 70054.
4) Accept a Utility & Access Easement from the District School Board
of Collier County, Florida, for two water wells, pipeline and access
easements on school property, the cost not to exceed $37.50, Project
Number 710061.
Located on the north side of the extension of Vanderbilt Beach
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April 27, 2004
Road.
5) Adopt a Resolution and approve a Declaration of Easement for a
water well, pipeline and access within property acquired for a future
park at an estimated cost not to exceed $19,723, Project Number
71 0061.
Resolution 2004-157
6) Authorize conveyance of an easement to Florida Power & Light
Company for electric utility facilities to service a proposed potable
water well at a cost not to exceed $33.00, Project Number 710061.
Located on a 128.9 acre park site (park property) on the north
side of the future extension of Vanderbilt Beach Road at the north
terminus of 9t\ 11 th, and 13th Streets N.W.
7) Approve Work Order # SC-02-74 with Surety Construction Company
in the amount of$125,840.00 to perform selective demolition for the
Public Utilities Operations Center, Project Numbers 70059 and 73072.
8) Approve necessary budget amendments to record revenues and related
expenditures for payment received from property owners of the Price
Street - Barefoot Williams Road Water Municipal Services Benefit
Unit (MSBU) Project No.# 70077 and payments to various vendors.
As detailed in the Executive Summary
9) Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the Alternative Water Supply Grant
Application to the South Florida Water Management District
(SFWMD) for the Manatee Road Four New Potable Water ASR Wells
Project 70157
As detailed in the Executive Summary
10) Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the Alternative Water Supply Grant
Application to the South Florida Water Management District
(SFWMD) for the Carica Road Potable Water ASR Exploratory Well
Program, Project 70897
As detailed in the Executive Summary
11) Recommendation that the Board of County Commissioners approve
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April 27, 2004
the after-the-fact submittal of the Alternative Water Supply Grant
Application to the South Florida Water Management District
(SFWMD) for the Reclaimed Water ASR Project 74030
For the Pelican Bay Wellfield. As detailed in the Executive
Summary
12) Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the Alternative Water Supply Grant
Application to the South Florida Water Management District
(SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed
Water Main, Proj ect 74077
As detailed in the Executive Summary
13) Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the Alternative Water Supply Grant
Application to the South Florida Water Management District
(SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach
Road, Project 74034
As detailed in the Executive Summary
D. PUBLIC SERVICES
1) Board of County Commissioners approval of a Medical Director
Consulting Contract between Collier County and Naples Community
Hospital. (Companion item relating to COPCN application)
2) Approve a Budget Amendment Appropriating $29,532.05 from
General Fund Reserves for Reimbursement to the State of Florida for
Overpayment on a FEMA Claim Submitted After Tropical Storm
Gabrielle
3) Approve an Authorized Provider Agreement with the American Red
Cross
To provide training in water safety, first aid, CPR, AED, and life
guarding to employees and clients of Collier County Parks and
Recreation.
4) Approve a Request to Apply for a Florida Communities Trust Florida
Forever Grant in an Amount No Less Than $1,260,000 for Purchase
of the Mar-Good Resort in Goodland
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April 27, 2004
To provide residents of Goodland and Collier County with a
passive recreation area that protects and enhances natural and
historic resources.
5) Approve a South Florida Water Management District Grant
Agreement for $26,300 for a Central Irrigation Control System in the
South District of the Parks System
6) Expand the state of emergency declaration boundaries to be county
wide per county ordinance 2004-11 regarding inoculation and removal
of palm trees to suppress lethal yellowing disease.
Resolution 2004-158 (Declaration of Emergency 2004-01)
7) Consideration of request by Youth Haven, Inc. for the Board of
County Commissioners to provide a letter of support for the Naples
Education and Children's Foundation as Outstanding Philanthropist
for the Year 2004.
E. ADMINISTRATIVE SERVICES
1) Approve and execute an Agreement to provide the Golden Gate Fire
Control & Rescue District $88,227 from the GAC Land Trust Fund
for the purchase of a Fire Safety House and Tow Vehicle.
2) Authorize the conveyance of an easement to Lee County Electric
Cooperative, Inc. for electric utility facilities to service the Immokalee
Library Addition at a cost not to exceed $15.00.
3) That the Board of County Commissioners award Bid No. 04-3606 for
On-Call Roofing Repairs and Inspection Services to Advanced
Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal,
Inc. secondary vendor, and Sutter Roofing Co. ofSW Florida as
tertiary vendor.
Estimated dollar amount of $600,00.00
Moved to Item #10E
4) Approve Contract for RFP 04-3584 "Fixed Term Public Relations
Services for Collier County." (Estimated maximum annual contract
amount not to exceed $500,000 per firm).
With Kelley Swofford Roy, Inc., Kidd Tucker Group, Abovewater
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April 27, 2004
Public Relations & Marketing and Gilbert & Manjura
Marketing, Inc.
5) That the Board of County Commissioners award Bid No. 04-3610R
for Vending Machine Services to Naples Vending.
To be used within County Facilities.
6) Recommendation to approve additions to, deletions from and
modifications of certain classifications in the 2004 Fiscal Year Pay
and Classification Plan made from February 1,2004 through April 6,
2004.
As detailed in the Executive Summary
7) Approve Resolution Stating a Valid Public Purpose for a
Departmental Employee Recognition Program, as Established in
Ordinance 87-5.
Resolution 2004-159
8) Approve and ratify the Settlement in Professional Firefighters of the
Everglades, IAFF, Local 3670 v. Collier County Board of County
Commissioners, Case No. CA-2003-040, State of Florida Public
Employees Relations Commission and approve related budget
amendment.
F. COUNTY MANAGER
1) Recognize and Appropriate $22,497 of Revenue from a
Communications Tower Lease and Approve the Required Budget
Amendment.
2) Approve a Tourist Development Category "A" Grant Application
submitted by Parks and Recreation for Beach Cleaning and
Maintenance for Fiscal Year 2005 in the Amount of$333,400
3) Approval of Budget Amendment Report - BA #04-218 in the amount
of $3,688
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
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April 27, 2004
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1) Commissioner Henning requesting approval for payment to attend a
function serving a valid public purpose for the Collier County
Tourism Awards Luncheon. Cost to be paid is $15.00.
To be held on May 7, 2004 at Olde Marco Island Inn & Suites,
Marco Island, to honor award winners and visit with the tourism
industry personnel.
2) Commissioner Coletta is requesting approval to attend a function
serving a valid public purpose: The Greater Naples, Marco Island,
Everglades Convention & Visitors Bureau's 2004 Collier County
Tourism Awards Luncheon.
To be held on May 7, 2004 at Olde Marco Island Inn & Suites,
Marco Island, to represent the county in honoring those that have
worked towards increasing the amount of tourism brought to
Collier County in the amount of $15.00.
3) Commissioner Coletta requests Board approval for payment to attend
a function serving a Valid Public Purpose: The Florida Citrus
Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14,2004
in the amount of$9.68.
Representing Collier County at Florida Citrus growers 2004
meeting.
4) Commissioner Fiala request for Board approval for payment to attend
function serving a valid public purpose - 2004 Collier County
Tourism Awards Luncheon Celebration. In the amount of$15.00-
funds to be paid from Commissioner's travel budget.
To be held on May 7, 2004 at Olde Marco Island Inn & Suites,
Marco Island, to honor award winners and visit with the tourism
industry personnel.
5) Commissioner Fiala requests Board approval for payment to attend
function serving a valid public purpose - Luncheon to honor former
Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid
from Commissioner's travel fund.
To be held on May 10, 2004 at Naples Beach Club Hotel to honor
former Mayor Bonnie Mackenzie for her outstanding service to
the City of Naples.
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April 27, 2004
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I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File for Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Approve Agreed Order and Authorize Payment of Planning Fees,
Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier
County v. Carole Construction of Naples, Inc., et. al., Case No. 02-
5139-CA (Immokalee Road Project #60018).
Payment of $5,976.00 to the Roetzel & Andress Trust Account on
behalf of the property owner for planning, appraisal and
environmental fees.
2) Approve the Stipulated Final Judgment Relative to the Acquisition of
Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf
Club LLC, et al. Immokalee Road Project No. 60018.
As detailed in the Executive Summary
3) Approve Agreed Order and Authorize Payment of Appraisal Fees in
the Lawsuit Styled Collier County v. Kathryn Hankins, et. al., Case
No. 00-1296-CA (Golden Gate Boulevard Project #63041).
Payment of $4,812.50 to the Stewart & Keyes Trust Account on
behalf of the property owners for appraisal fees.
4) Approve Agreed Order and Authorize Payment of Planning Fees and
Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v.
G. Herbst, et. al., Case No. 02-5138-CA (Immokalee Road Project
#60018).
Payment of $3,387.50 to the Roetzel & Andress Trust Account on
behalf of the property owners for planning and appraisal fees.
5) Authorize the Making of Five Offers of Judgment Relative to the Fee
Taking of Parcel Nos. 808, 908, 112, 114 and 914 in the Lawsuit
Styled Collier County v. Elias Valencia, et al., Case No. 03-2274-CA
(Golden Gate Parkway Project #60027).
As detailed in the Executive Summary.
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April 27, 2004
6) Approve Agreed Order and Authorize Payment of Planning Fees and
Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v.
G. Herbst, et. al., Case No. 02-5138-CA (Immokalee Road Project
#60018).
Payment of $1,710.00 to the Roetzel & Andress Trust Account on
behalf of the property owner for planning and appraisal fees.
7) Approve the Mediated Settlement Agreement as to Parcel 167 A in the
lawsuit styled Collier County v. Andy R. Morgan, et al., Immokalee
Road Project 60018 (total cost of $27,408.00).
As detailed in the Executive Summary
8) Recommendation that the Board approve and authorize the Chairman
to execute a Retention Agreement for services on an "as needed" basis
with the law firm of Allen, Norton & Blue, P.A., to meet county
purchasing policy contract update requirements.
9) Recommendation that the Board of County Commissioners approve a
budget amendment to pay for minor reconfiguration of the office
space allocated to the Office of the County Attorney
17. 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
QUASIJUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN
IN.
A. This item re uires that all artici ants be sworn in and ex- arte
disclosure be provided bv Commission members) SE-2004-AR-5345, A
Resolution amending Resolution 03-354, the Maretee earthmining
conditional use to correct a scrivener's error resulting from the unintentional
18
April 27, 2004
inclusion of an incorrect legal description attached as EXHIBIT "B" to the
original resolution for the property located at the eastern terminus of
Maretee road in section 7, township 51 south, range 27 east, Collier County,
Florida.
Resolution 2004-160
B.
An Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance No. 04-08, which amended Ordinance No. 91-
102, as amended, the Collier County Land Development Code, to correct
scrivener's errors relating to the incorrect insertion of maps pertaining to
Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30,
Natural Resource Protection Area Overlay District; and to correct scrivener's
errors relating to Division 3.15, Adequate Public Facilities; providing for
Conflict and Severability; providing for inclusion in the Collier County Land
Development Code; and by providing for an effective date.
Ordinance 2004-26
18.
ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383
19
April 27, 2004
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 27. 2004
~"2A
II f
Add Item 4G: Proclamation - Designating May 6 as National Day of Prayer to be
accepted by Rev. Michael Harper. (Staff request.)
Item 6C continued to the May 25.2004 BCC meetina: Public Petition Request by
Richard C. Grant to discuss appeal of LDC Interpretation of PUD located on Pine
Ridge Road. (Petitioner request.)
Item 7 A continued to the May 25. 2004 BCC meetina: ADA-2004-AR-5363, D.
Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine
Ridge Investors LLC, requesting to appeal the formal interpretation issued by the
Director of the Department of Zoning and Land Development Review that states
building construction may not occur over the common boundary of the Pine Ridge
Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres
and is located in Section 18, Township 49 South, Range 26 East, Collier County,
Florida. (Petitioner request.)
Withdraw Item 10B: To receive Board approval of an Interlocal Agreement
between Collier County and the City of Naples regarding construction of the
Golden Gate Parkway at Airport Road overpass. (Staff request.)
Move Item 16A13 to 10C: Approve the execution of a mutual general release
between the County and former employee Lee H. Combs and to waive recovery of
Grants Management Certification training and related travel expenses of Lee H.
Combs in the amount of $4,162.76. (Commissioner Henning request.)
Move Item 16B3 to 100: Approve reimbursement to the City of Naples for the
Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61.
(Commissioner Coletta request.)
Move 16E4 to 10E: Approve Contract for RFP 04-3584 "Fixed Term Public
Relations Services for Collier County." (Estimated maximum annual contract
amount not to exceed $500,000 per firm). (Commissioner Halas request.)
'4A
PROCLAMA rION
WHEREAS, water follows a natural cycle from Earth to air to Earth again; and,
WHEREAS, water is a basic and essential need of every living creature; and,
WHEREAS, our health, comfort, and standard of living depend upon an abu~dant
supply of safe drinking water; and,
WHEREAS, the citizens of Collier County should have a safe and dependable
supply of water both now and in the future; and,
. ..;Y .f..... _,.,.,.,
,'><'" ....' <'\i:)r';,"~"""
it procla; "'6Y";if.j~'Bo~rt1of.C.. nt
Co"ie.. ounty, F'orida,thQtth~/Uy~~kof,~ay 2
re~ogn.z.d as Drinkin9~aterWe~k.
'.our water resources
d to be involved in
WHEREAS, we are caning!. . ......i'i.\
from P91Iuti9r1t,tQ..practice wat<<m.FQns
local wClteniissues.
, y
~ ,.-"
.,1" ..p/
ioners of
be
DONE AND OR
.. ,. ...;....',.....
...... / ../:;/~ 1\\\>........... \
'f!D(j~....'.(J.. /ll_h.t :rjA')*2004.
.... .,.... ny",!
1
<<'
<{:;;:t~:':~,;:-:-~;<t.
PROCLAMA rION
"i,.B
WHEREAS,' the open exchange of public discourse is essential to the
democratic system of government,' and,
..
WHEREAS, as a cornerstone of democracy Americans have observed the
certain rules of behavior generally known as CiVility,. and,
WHEREAS, CiVIlity, derived from the Latin words '"civitas" meaning city and
'"civis" meaning citizen behavior worthy of citizens living in a
community or in common with others,. and,
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of
respect and personal attacks detract from the open exchange of
ideas, prevent fair discussion of the issues, and can discourage
individuals from participation in government,' and,
WHEREAS, tl:Jn diverse issues and
". 'Ships,' and,
WHEREAS,
WHEREAS,
NOW THERB
toward each other.
DONE AND ORDERED THIS
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.i~.
DONNA 7ALA, CHAIRMAN
~
' c!~
D~ fiT E. BROCK, CLERK
/~
_.F"f;~'" 'I .!'y.. ".
......'-::.:, ",- -, ~.., '.
.,' ~ ,'0- ,e-=i..:.~ -00
:~o- ~..... ~"
" ~ 00 ""'\'1' ''''''0 . ~ '.
:~: :...~..,...,..~ ..~,?
"~ .' 4
..~ - ,,1- ,
~~'.="'f; '..,., ~_'<e~ .~~
,',- .~ .""J'-f r"Ci'
oC,-:!'f: ... :....., .;.,.,. :
'='~: "'~'A" # .'-'t"~.
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"0 ''t-.;... -oN .-:~
-'. ~~~ "'" . .!}.,""
....,~$\~(...~,.\~
-.~~..,~. "'.
'"
PROCLAMA nON
r~ 4C
WHEREAS, the travel and tourism industry supports the vital interests
of Collier County, Florida and the United States,
contributing to our employment, economic prosperity, peace,
understanding and goodwill,' and,
WHEREAS, travel and tourism ranks os the number one private sector
industry in Collier County and in Florida in terms of revenues
generated,. and,
WHEREAS, J. 5 million visitors contributed nearly J bIllion dollars to the
economy of Collier County in 2003: and,
WHEREAS, the travel and tourism industry provides over J 8,000 direct
jobs to the economy of our area: and,
WHEREAS, os potential visito"~Pf~flll...
beaches, goln'
and cultUf'llJa~
increaRit/J/yii'llft
an~
pri! aware of the outstanding
'lid natural, historic
will become on
tJur citizens,.
, social
unty, it is
and
and that this p. owledged by the Greater
Naples, Marco Island, Everglades Convention '* Visitors
Bureau at their Tourism Awards Luncheon on May 7, 2004.
DONE AND ORDERED THIS 2rH DAY OF APRIL, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
&~L~.
DONNA FIALA, CHAIRMAN
A TrEST:
_..{!":-~
....~, .... '
,!. ~ ......
,-
'-
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.... '~:'~"','
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':-;--.
:;
PROCLAMA rION
40
WHEREAS, the Florido Americon Associotion of University Women promotes equity
for 011 women ond girls, lifelong leorning ond positive societol chonge,'
ond,
WHEREAS, the Florido Americon Associotion of University Women is port of 0
powerful notionol network for personal ond professionol growth ond
advocacy for equity,' and,
WHEREAS, the Florido Americon Associotion of University Women hos lounched
community programs thot touch women ond girls of diverse
bockgrounds," and,
WHEREAS, the Florido Americon Associotion of University Women is port of 0
notionol orgonizotion thot offers 4 mIllion dollors 0 yeor in fellowships
ond grants to graduote women through their Educotionol Foundotion,'
ond,
WHEREAS, the Florido Amer:i4l.......... .
plointiffs chqlA ..;.
compuses;.:
'Sity Women supports
.,;ge ond university
WHEREAS,
mokes 0 globol
ers of Collier
os Florido
onor the 7!1h
'Sity Women
f the
50 Florido
COMMISSIONERS
'NTY, FLORIDA
~~~L~
DONNA FIALA, CHAIRMAN
~4E
PROCLAMATION
WHEREAS. juvenile arson is a serious crime that affects all people and can
only be stopped when citizens realize the physical and emotional
pain suffered by arson victims; and.
WHEREAS. juvenile arson and youth-set fires result in over 300 deaths
annually. 2.000 injuries annually. $300 million in property damage
annually. and more than 40.000 incidents annually; and.
WHEREAS. if people can be become more informed and communities can have
intervention and treatment programs for juvenile fire-setters.
strides can be made in this very preventable malfeasance; and.
WHEREAS. the price people pay for youth-set fires is extreme. Most of the
lives lost are those of the very children setting the fires. In
addition to the cost of the damaged property. there is the cost
to communities for esources needed to combat
juvenile fire;"
WHEREAS. public g
Collie
COMMISSIONERS
:t:lA
DONNJIIf FIALA, CHAIRMAN
ATTEST:
PROCLAMA TION
'4F
WHEREAS, alimal companions are considered to be man's best friend by
protecting and befriending their human caretakers; and,
WHEREAS, Collier County Domestic Animal Services actively seeks to educate
the public about proper, loving care of all animals while the
Department also investigates reported cases of animal neglect
and abuse; and,
WHEREAS, thousands of animals suffer from neglect of their basic needs
including food, water, and shelter every year, because many
times pet owners do not recognize signs of pet neglect; and,
WHEREAS, pet abuse has been closely linked by several studies to other
types of violence including family violence; and,
NOW THEREFa
of cd
d to raise awareness concerning
, domesticated or wild,
'Iy and provided with
WHEREAS, Collier County rec
the importanc;:
because Q .
gentle.
WHEREAS,
WHEREAS,
be
or abuse,
n effort to
DONE AND ORDERED THIS 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~k
DONNA i4LA, CHAIRMAN
..
PROCLAMA rION
y~
WHEREAS, Americans have turned to God in prayer for guidance since our nations
founding,' and,
WHEREAS, throughout the history of our state and nation, we have humbly prayed
for guidance, comfort, and protection where needed and have given
thanks for our many blessings which God has graciously bestowed on
this nation since its inception: and,
WHEREAS, prayer is regarded by millions as the most important utterance of
mankind for its benefit,' and,
WHEREAS, prayer has comforted us in times of sorrow and given us strength and
hope for the future. We ask God to keep His hand upon us and bless
the great State of Florida and the United States of America,' and,
WHEREAS, we continue to give thanks for the men and women of the military that
are defending freedo bly ask God for their protection
and pray for p . nd,
WHEREAS, 01 observance
et Freedom
out the land
ty Commissioners of Collier
e observed as
WHEREAS, . Congress for all
es upon which this
WHEREAS, ill unite at .
rpon God, give
rom Him,
ce and renewal,
'God to protect and
NOW THEREFORE, be it pro
County, Florida,
NA TIONAL DAY OF PRA YER
DONE AND ORDERED THIS 27'h of April, 2004.
BOARD OF COUNTY COMMISsioNERS
COLLIER COUNTY, FLORIDA ,
~1-
DONNA TALA, CHAIR~
"f' '_:'':~''"''''-''''''''-'-- ~ ~"'. .'." "
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.~:
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
rSA
:'"'"
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
(Display Adv., location, etc.)
X Other: See Attached
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Planning Person: Marcia Kendall . Date: 3/16/2003
Petition No. (If none, give brief description): Verona Walk CDD
Petitioner: (Name & Address): Reid Schemer, Planning Analyst, DiVosta Homes, L.P., Cambridge Square Office Park, 3459 Pine
Ridge Road, Naples, FL. 34109.
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing date: April 13. 2004, Based on advertisement appearing four (4) consecutive Sundays prior to the BCC Hearing or
March 21, 28, & April 4, 11,2004.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
D Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes D No If Yes, what account should be charged for advertising costs:
111_138317-649~l1O
Revi~ ___... ~
~ ")-/~ '-07'
--Division Head Date
Approved by:
County Manager
Date
List Attachments: BCC Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. 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 Coun~~ Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda file: to
Clerk's Office
D Requesting Division
D Original
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:
~8A
".~ ','.flu.,
April 13, 2004 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on four consecutive
Sundays, on March 21, March 28, April 4, and April 11, 2004, and furnish an
affidavit of publication to Ms. Marcia Kendall, Comprehensive Planning Section,
2800 North Horseshoe Drive, Naples, Florida 34104. Each advertisement
should be a quarter page advertisement and the headline in the advertisement
should be in a type no smaller than 18 point. The advertisements should not
be placed in that portion of the newspaper where legal notices and classified
advertisements appear.
~8A
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County, Florida (the "Board") hereby
gives notice to the citizens of Collier County that a public hearing shall be' conducted in
accordance with the requirements and procedures of Section 190.005, Florida Statutes,
at 9:00 a.m., in the Commission Board Room, 3rd Floor Building "F," Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, April 13,
2004. The subject of the Public Hearing is consideration by the Board of a petition filed
by DiVosta Homes, L.P., a Delaware Limited Partnership, for the establishment of a
Community Development District (COD) form of special purpose local government to be
known as the Verona Walk COD by Collier County Ordinance pursuant to Section
190.005(2), Florida Statutes. The district government would serve an area of land in
Collier County generally described as follows:
The proposed District is located entirely within Collier
County, Florida. The proposed district covers
approximately 785 acres of land. The site is located in
Sections 26, 34, and 35, Township 50 South, Range 26
East, as depicted below.
LOCATION MAP HERE
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and
Collier County governing any existing or future lawful use and development of the land
described above, and specifically governing the planning, implementation, maintenance,
and financing of basic community facilities, systems, and services which may be
required of any such development consistent with principles of concurrency,
comprehensive planning, and development permitting.
On February 17, 2604, DiVosta Homes, L.P., officially submitted and filed its COD
petition to Collier County, along with the application-processing fee of $15,000.00 for
review by the County.
The Board's consideration of the COD Petition will comply with Section 190.005(1)(c),
Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to
consider the relationship of the petition as submitted by DiVosta Homes L.P., to the six
factors listed in Section 190.005(1 )(e), Florida Statutes, and determine whether Collier
County will establish the Verona Walk Community Development District by adoption of
an ordinance.
-8A
~ '....,
According to the Petition, at least four categories of persons may be affected by the
economic consequences of the proposed district establishment: State of Florida and its
citizens; Collier County and its citizens; the present property owners; and the future
property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in
accordance with the requirements of Section 120.541, Florida Statutes, including an
explanation of its computations and determinations, is available for review, along with a
copy of the full text of the petition and any of its documentation, at the Office of the
County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be
serviced by the proposed district, are also on file at the Collier County Planning Services
Department, Comprehensive Planning Section at 2800 North Horseshoe Drive, Naples,
Florida. All interested persons are invited to attend.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and 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.
March 21,28, & April 4, 11,2004
DiVosta Homes L.P.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAI RMAN
DWIGHT E. BROCK, CLERK
By: Is/Maureen Kenyon,
Clerk
(SEAL)
,..
8,A
NAPLES HERITAGE
NAPLES GOLF AND COUNTRY CLUB
HERITAGE
GOLF SAN
ANO MARINO
COUNTRY
CLUB NAPLES NATIONAL , 12
GOLF CLUB 11 7
10 "
THE CLUB EST A TES
FlRST
17 ASSEMBLY
NAPLES LAKES OF GOO
COUNTRY CLUB 14 13
lB
15 SWAMP
HAMMOCK PARK BUGGY
COMMERCE DAYS
CEN TRE
LEL Y
COUNTRY
CLUB
(DRI)
21 22 24 19
20
SABAL PALM ROAD
LEL Y. A R ORT COMMUNITY I
DRI) ~ PROJECT
DR 28 a: LOCATION
NAPLES M 27 w
~ 25
30
WINDING
CYPRESS
(DRI)
35
36
31
WINDING
CYPRESS
(DRI)
2
NAPLES RESERVE
GOLF CLUB
1
6
LANDS END
PRESERVE
10
ffi ASGM BUSINESS
3 CTR, OF NAPLES
o
o
11
7
MARCO SHORES;
FIDDLER'S CREEK
(DRI)
LOCATION
MAP
.i'f..8 A
..~~
April 13, 2004 Board of County Commissioners Public Hearing
Advertisina ReQuirements
Please publish the following Advertisement and Map on four consecutive
Sundays, on March 21, March 28, April 4, and April 11, 2004, and furnish an
affidavit of publication to, Minutes & Records Department, 3301 E. Tamiami
Trail, Naples, Florida 34104. Each advertisement should be a quarter page
advertisement and the headline in the advertisement should be in a type no
smaller than 18 point. The advertisements should not be placed in that portion
of the newspaper where legal notices and classified advertisements appear.
/11-IJ~J/7-' Y? Ide;
"'8 A
.~'"
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County, Florida (the "Board") hereby
gives notice to the citizens of Collier County that a public hearing shall be conducted in
accordance with the requirements and procedures of Section 190.005, Florida Statutes,
at 9:00 a.m., in the Commission Board Room, 3rd Floor Building "F," Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, April 13,
2004. The subject of the Public Hearing is consideration by the Board of a petition filed
by DiVosta Homes, L.P., a Delaware Limited Partnership, for the establishment of a
Community Development District (COD) form of special purpose local government to be
known as the Verona Walk COD by Collier County Ordinance pursuant to Section
190.005(2), Florida Statutes. The district government would serve an area of land in
Collier County generally described as follows:
The proposed District is located entirely within Collier
County, Florida. The proposed district covers
approximately 785 acres of land. The site is located in
Sections 26, 34, and 35, Township 50 South, Range 26
East, as depicted below.
LOCATION MAP HERE
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and
Collier County governing any existing or future lawful use and development of the land
described above, and specifically governing the planning, implementation, maintenance,
and financing of basic community facilities, systems, and services which may be
required of any such development consistent with principles of concurrency,
comprehensive planning, and development permitting.
On February 17, 2004, DiVosta Homes, L.P., officially submitted and filed its COD
petition to Collier County, along with the application-processing fee of $15,000.00 for
review by the County.
The Board's consideration of the COD Petition will comply with Section 190.005(1 )(c),
Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to
consider the relationship of the petition as submitted by DiVosta Homes L.P., to the six
factors listed in Section 190.005(1 )(e), Florida Statutes, and determine whether Collier
County will establish the Verona Walk Community Development District by adoption of
an ordinance.
"8' ~
, /0
, ,
..
According to the Petition, at least four categories of persons may be affected by the
economic consequences of the proposed district establishment: State of Florida and its
citizens; Collier County and its citizens; the present property owners; and the future
property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in
accordance with the requirements of Section 120.541, Florida Statutes, including an
explanation of its computations and determinations, is available for review, along with a
copy of the full text of the petition and any of its documentation, at the Office of the
County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be
serviced by the proposed district, are also on file at the Collier County Planning Services
Department, Comprehensive Planning Section at 2800 North Horseshoe Drive, Naples,
Florida. All interested persons are invited to attend.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and 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.
March 21, 28, & April 4, 11, 2004
DiVosta Homes L.P.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Maureen Kenyon,
Clerk
(SEAL)
It,
, SA
NAPLES HERITAGE
NAPLES GOLF AND COUNTRY CLUB
HERlT AGE
GOLF SAN
AND MARINO
COUNTRY
CLUB NAPLES NA llONAL 12
GOLF CLUB II
10
THE CLUB ESTATES
FIRST
ASSEMBl Y
17 NAPLES LAKES OF GOD
COUNTRY CLUB 14 13
18
15 SWAMP
HAMMOCK PARK BUGGY
COMMERCE DAYS
CENTRE
lEL Y
COUNTRY
CLUB
(DRI)
21
20
lEL Y, A R SORT COMMUNITY
(DRI)
NAPLES M OR
28
33
WEN TWOR H
ESTATE
(DRI)
4
EAGLE
CREEK
LANDS END
PRESERVE
22
27
o
~
...J
:J
o
III
a:
~
(.l
PROPOSED
VERONAWALK CDD
24
SABAL PAlM ROAD
25
36
NAPLES RESERVE
GOLF CLUB
I
MAP
26
WINDING
CYPRESS
(DRI)
2
10
11
ASGM BUSINESS
eTR OF NAPLES
MARCO SHORES/
FIDDLER'S CREEK
(DRI)
LOCATION
19
PROJECT
LOCATION
30
31
6
7
Maureen A. Kenyon
".
SA
~.t
From:
To:
Subject:
on behalf of Minutes and Records
paperrell@naplesnews.com
FW: VeronaWalk Ad Request - BCC
Importance:
High
~~;.'.~'
1 J--;
'0'""",,
~
VeronawalkCDD.pdf BCC Legal Ad
Adoption Hearing ...
-----Original Message-----
From: Kendall, Marcia
Sent: Tuesday, March 16, 2004 12:22 PM
To: Minutes and Records
Subject: VeronaWalk Ad Request - BCC
Importance: High
<<veronawalkCDD.pdf>> <<BCC Legal Ad Adoption Hearing VeronaWalk CDD (031604) .doc>>
If you need anything else from me, please advise. mk-
Marcia R. Kendall, Planner
(239) 403-2387 Phone
( 2 3 9 ) 64 3 - 6 96 8 Fax
Email: marciakendall@colliergov.net
1
Maureen A. Kenyon
-8A
From:
Sent:
To:
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postmaster@c1erk.collier.fl.us
Tuesday, March 16, 2004 2:49 PM
Minutes and Records
Delivery Status Notification (Relay)
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ATT176887.txt =w: VeronaWalk Ad
Request - Be...
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paperrell@naplesnews.com
1
Maureen A. Kenyon
-8A
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From:
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System Administrator [postmaster@naplesnews.com]
Tuesday, March 16, 2004 2:50 PM
Minutes and Records
Delivered: FW: VeronaWalk Ad Request - BCC
Importance:
High
[J
OW: VeronaWalk Ad
Request - Be..
<<FW: VeronaWalk Ad Request - BCC>> Your message
To: paperrell@naplesnews.com
Subject: FW: VeronaWalk Ad Request - BCC
Sent: Tue, 16 Mar 2004 14:48:29 -0500
was delivered to the following recipient(s):
Perrell, Pamela on Tue, 16 Mar 2004 14:49:35 -0500
1
Patricia L. Morgan
-8A
From:
Sent:
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Perrell, Pamela [paperrell@naplesnews.com]
Tuesday, March 16, 2004 3:23 PM
Minutes and Records
RE: VeronaWalk Ad Request - BCC
Just wanted to confinn. We're stiCe worfjng on tlie size!!
rrlianRJ - P}I5I1
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Sent: rruesday, 5I1arcli 16, 2004 2: 48 P'.M
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Su6ject: PW Verona Wa[kJI d r:R.fquest - CECC
Importance: Higli
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< <Veronawa[/i.{JIYD. pelf> > < <CECC Lega[}Id }Idoption Hearing VeronaWa[ft Cq)(])
(031604).doc>>
If you need anytliing eCse from me, pCease advise. mR::
5I1arcia ~ 1{enda[~ pfanner
(239) 403-2387 Plione
(239) 643-6968 Pa:(
P.maiC: marcia~nda[[@co[fiergov. net
NAPLES DAILY NEWS
Published D'aily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper 4
time in the issue
on March 2151 28th and April 4th and 11 th, 2004
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; distributed in Collier and Lee counties of 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 f1l'st publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
COmmission or refund for the pwpose of securing this advenisement for
publicatioJl, in the said new~r.
J.~
( Signature of affiant)
Sworn to and subscribed before me
This 12th day of April ,2004
s;'.~:'FP""_ Harnett Bushong
-':~l:' ,~;~ MY COMMISSION # D0234689 EXPIRES
o?:. ' .~.f July 24. 2007
-..1/...... b~." BONDED THP.U TROV FAIN INSURANC~ INC.
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ORDINANCE NO. 04-.2..7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE VERONA
WALK COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE
INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
SA
".
WHEREAS, DiVosta Homes L.P., a Delaware Limited Partnership, has petitioned the
Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of
the State of Florida, to establish the VERONA WALK COMMUNITY DEVELOPMENT
DISTRICT (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(l)(e), as required by Section 190.005(2)(c), Florida
Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005
(l)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
chapter 380 and that the district so established does not have any zoning or permitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
Page 1 of3
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WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: EST ABLISHMENT OF THE VERONA WALK COMMUNITY
DEVELOPMENT DISTRICT.
The Verona Walk Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Mike Rosen
270 Tradewinds Avenue
Naples, FL 34108
3.
Jeff Murray
2384 Leafshine Lane
Naples, FL 34119
2.
Chris Schmitz
541 Rookery Place
Jupiter, FL 33458
4.
Al Primevera
1009 Nottingham Drive
Naples, FL 34109
5. Reid Schermer
6052 Towncenter Circle
Naples, FL 34119
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"V erona Walk Community Development District."
SECTION FIVE:
ST A TUTORY PROVISIONS GOVERNING THE DISTRICT
The Verona Walk Community Development District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the Verona Walk Community Development
District will be duly and legally authorized to exist and exercise all of its general and special
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its limited powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
Page2of3
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local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012 (2), Florida Statutes.
SECTION SEVEN: 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 this 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 EIGHT: INCLUSION IN 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 Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION NINE: EFFECTIVE DATE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~ih day of April, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATiIt'S:T':~bWIGHT E. BROCK
:,\ "
"'~"', '-
~~.. , ",
BY:
, f?~~/ne y Clerk
.A t:e.st a$- '~J: ~~,,,'"
$i_It ur!!"OO 11,\';
Approved as to form
~ SUffi:~
Patrick G~te,
Assistant County Attorney
GH/mk/v;\comp plan/ORD.
Page 3 of3
"
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New Directions In Planning, Design & Engineering
SA
EXHIBIT A
Description of part of Sections 26, 34 and 35,
Township 50 South, Range 26 East, Collier County, Florida
(VeronaWalk Community Development District)
All that part of Sections 26, 34 and 35, Township 50 South, Range 26 East, Collier County, Florida, being
more particularly described as follows;
Commencing at the northeast corner of said Section 26;
Thence along the east line of said Section 26 South 00014'00" East 30.00 feet to the Point of Beginning of
the parcel herein described;
Thence continue along said line South 00014'00" East 2606.72 feet to the east Yo corner of said
Section 26;
Thence continue along said line South 00014'36" East 1614.70 feet;
Thence leaving said section line South 64048'50" West 219.05 feet;
rhence southwesterly, 254.56 feet along the arc of a non-tangential circular curve concave to the
northwest, having a radius of 730.00 feet, through a central angle of 19058'46" and being
subtended by a chord which bears South 50041 '35" West 253.27 feet;
Thence South 60040' 58" West 1167.94 feet;
Thence southwesterly, 290.77 feet along the arc of a circular curve concave to the northwest,
having a radius of 1060.00 feet, through a central angle of 15043'01" and being subtended by a
chord which bears South 68032'29" West 289.S6 feet;
Thence South 76023'59" West 239.18 feet;
Thence southwesterly, 186.65 feet along the arc of a circular curve concave to the southeast,
having a radius of 440.00 feet, through a central angle of 24018'20" and being subtended by a
chord which bears South 64014'49" West 185.26 feet;
Thence South 12046'30" West 260.99 feet;
Thence South 23007'39" West 19.91 feet;
Thence South 41044'40" West 398.S7 feet;
Thence North 61 026'2S" West 229.89 feet;
Thence southwesterly, 368.63 feet along the arc of a non-tangential circular curve concave to the
southeast, having a radius of 2079.99 feet, through a central angle of 10009'16" and being
subtended by a chord which bears South 41009'32" West 368.15 feet to a point of compound
curvature;
Thence southwesterly, 289.24 feet along the arc of a circular curve concave to the southeast,
having a radius of 1907.24 feet, through a central angle of 08041 '21" and being subtended by a
chord which bears South 31024'42" West 288.96 feet;
Thence South 2r08'26" West 37.52 feet;
Thence South 86058'08" East 188.17 feet;
Thence South 24044'59" East 97.63 feet;
Thence South 2r07'5S" West 159.97 feet;
Thence South 74002'37" West 249.39 feet;
Thence South 79003'56" West 20.96 feet;
Thence South 2rOS'26" West 303.10 feet;
Thence South 59024'24" West 11.32 feet;
Thence South 76025'50" West 58.00 feet;
Thence South 2r08'26" West 565.60 feet;
Thence southwesterly and westerly, 425.33 feet along the arc of a circular curve concave to the
northwest, having a radius of 360.00 feet, through a central angle of 6r41'38" and being
subtended by a chord which bears South 60059'15" West 401.02 feet to a point of reverse
curvature;
Thence southwesterly, 134.28 feet along the arc of a circular curve concave to the southeast,
having a radius of 240.00 feet, through a central angle of 32003'24" and being subtended by a
chord which bears South 78048'22" West 132.53 feet;
613/2003- 98312 Ver. 02!- MBerrnan
CAM3
N0506-.007-003- - 0
Naples. Fort Myers. Sarasota · Tampa · Panama City Beach · Tallahassee
3200 Bailey Lane, Suite 200. Naples, Florida 34105 · 239-649-4040 'if 239-643-5716 iIW
www.wilsonmiller.cam
IViisonl'.,IrI/e{, Inc ~ FL
Leet-loot70 CA 43
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New Directions In Planning. Design & Engineering
8A
Description of part of Sections 26, 34 and 35,
Township 50 South, Range 26 East, Collier County, Florida
(VeronaWalk Community Development District)
Continued:
Thence South 00037'53" West 151.97 feet;
Thence North 89022'07" West 110.00 feet'
Thence South 63027'56" West 783.22 feet;
Thence South 71025'27" West 507.06 feet to a point lying 60 feet east of the west line of said
Section 35;
Thence along said line North 00050'06" East 474.23 feet;
Thence continue along said line North 00052'55" East 2619.36 feet;
Thence Sooth 89033'56" East 40.00 feet to a point lying 100 feet east of the west line of said
Section 26;
Thence along said line North 00050'24" East 2633.11 feet;
Thence continue along said line North 00050'18" East 2604.58 feet to a point lying 30 feet south
of the north line of said Section 26;
Thence along said line, South 89037'03" East 2541.99;
Thence continue along said line South 89037'26" East 2642.08 feet to the Point of Beginning of
the parcel herein described;
Containing 754.3 acres more or less
ALONG WITH
Commencing at the northeast corner of said Section 34;
Thence along the east line of said Section 34 South 00052'55" West 674.12 feet;
Thence leaving said section line North 89007'05" West 40.00 feet to the Point of Beginning of the parcel
herein described;
Thence South 00052'55" West 1110.23 feet to a point on the north line of that land recorded in
Official Record Book 1970, page 1667 Public Records of Collier County, Florida;
Thence along said line North 89007'05" West 539.68 feet;
Thence leaving said line North 35039'05" East 175.97 feet;
Thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the
northwest having a radius of 2964.93 feet through a central angle of 20036'46" and being
subtended by a chord which bears North 25020'42" East 1060.92 feet to the Point of Beginning of
the parcel herein described.
Containing 5.7 acres more or less
Containing 760 net acres more or less
Subject to easements and restrictions of record
Bearinas are based on the east line of said Section 26 being South 00014'00" East.
7}-Cf vI . /)
/1 fl.l ...... --J ~-.., /) ~
By . /tZ/ Ct'....1A<! '-"" /.-J..(> (/7-Yi{.__
I
Marcus L. Berman, P.S.M. LS # 5086
Certificate of Authorization # LB-43
Ref. 3E-21
Date: September 21,2001
Revised: February 21,2002
Revised: June 6, 2002
Revised: August 12, 2002
Revised: June 3, 2003
6/3/200J-.98312 Vcr. 02!- MBerman
c_,
N050~OO7.003-. 0
8A
NAPLES HERITAGE
NAPLES GOLF AND COUNTRY CLUB
HERITAGE
GOLF SAN
AND MARINO
COUNTRY
CLUB NAPLES NATIONAL 12
GOLF CLUB 11 7
10
THE CLUB ESTATES
FIRST
ASSEMBLY
17 NAPLES LAKES OF GOD
COUNTRY CLUB 14 13
18
15 SWAMP
HAMMOCK PARK BUGGY
COMMERCE DAYS
CENTRE
LELY
COUNTRY
CLUB
(DRI)
21
22
24
19
20
SA8AI. PALM ROAD
26
PROJECT
LOCATION
lEL Y. A R ORT COMMUNITY
DRI)
28
27
PROPOSED
VERONA WALK CDD
30
33
36
31
WiNDING
CYPRESS
(DRI)
2
NAPLES RESERVE
GOLF CLUB
1
6
LANDS END
PRESERVE
10
11
7
ASGM BUSINESS
eTR. OF NAPLES
MARCO SHORES/
FIDDLER'S CREEK
(DRI)
LOCATION
MAP
SA
'~"..'.'.'
.,
.;-'
i'
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. 2004-27
Which was adopted by the Board of County Commissioners on
the 27th day of April, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of April, 2004.
DWIGHT E. BROCK . :.~,
Clerk of Cou~ts arrd,~lerk
Ex-officio to Board~of.
County Commissioners
~. .. "
By: Maureen K. ,oo{ ",~\ ,"
Deputy clerk""
~'81
ft
...
DEPARTMENT
OF
COMMUNITY
AF
C?
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A I~ ~ f=
f'T'1 L Pi
/I :;:0 c: ::0 :::0
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o N ;20
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n S~tary ~ <
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STATE OF FLORIDA
/I Dedicated to making Florida a better place to call hom
JEB BUSH
Governor
June 21, 2004
o
e:-,
Mr. Peter L. Pimentel
Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104
Palm Beach Gardens, Florida 33410
Re: Verona Walk Community Development District
Established by Collier County Ordinance No. 04.27
Dear Mr. Pimentel:
Ms. Frances J, Ware recently registered the above referenced special district with the Special
District Information Program and identified you as the district's registered agent. Based on Section
189.403, Florida Statutes, I have classified its status as independent because it is a Community
Development District established and operating under phapter 190, ~/orida Statutes.
All special districts must comply with the requirements of Chapter 189, Florida Statutes and Rule
Chapter 9B-50, Florida Administrative Code. As part of these requirements, please verify and update the
information on the enclosed Special District Fee Invoice and Update Form, sign and date it, then return
it, along with the fee, to the address below by the due date on the form. It is very important that the
information on this form be complete and accurate since we must make this information available through
the Official List of Special Districts On-Line (FloridaSpeciaIDistricts.org).
Department of Community Affairs
Finance and Accounting Office
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
't,.~t
For more information about special districts, th~,annual special district fee, and other special
district requirements including reporting requirements, 'please visit FloridaSpeciaIDistricts.org. For
detailed information, you may view online or download the Florida Special District Handbook. If you have
any questions, please do not hesitate to call me directly at (850) 92 1457 (Suncom 292-1457).
Ene.: Special District Fee Invoice and Update Form
v
cc:
Mr. Dwight Brock, Clerk of the Circuit Court, Collier County (w/o enclosure)
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 8S0,921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FielD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
I,nl::\ "0'" "I.."....
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, Fl32399-2100
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
HOUSING & COMMUNITY DEVelOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
rSB
To: Clerk to the Board: Please place the following as a:
t81 Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Deptl Div: Emergency Medical Services Department
Public Services Division
Person: Jeff Page, Director
Date: March 29, 2004
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC x BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing) The Public hearing will be held AprU 13,2004
before the Board of County Commissioners
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location) A Public Hearing to Consider an Application Submitted by Naples
Community Hospital to the Board of County Commissioners for the Issuance of a Certificate of Public Convenience and Necessity
to Provide Transportation Services for the Inter-facility Transfer of Post-Hospital Patients. This application is submitted in
accordance with the provisions of Ordinance No. 2004 -12; Section 7.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? t81 Yes 0 No If Yes, what account should be charged for advertising costs: 490-144610-
648110
? 15b/t1
Date
List Attaclunents:
DISTRIBUTION INSTRUCTIONS
A. 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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
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: ~""30 -OIL Date of Public hearing: ~1&-04
Date Advertised: +d1>'t
'8B
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, April 13, 2004, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
A PUBLIC HEARING TO CONSIDER AN APPLICATION SUBMITTED BY NAPLES COMMUNITY
HOSPITAL TO THE BOARD OF COUNTY COMMISSIONERS FOR THE ISSUANCE OF A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE TRANSPORTATION
SERVICES FOR THE INTER-FACILITY TRANSFER OF POST-HOSPITAL PATIENTS. THIS
APPLICATION IS SUBMITTED IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE
No. 2004-12, SECTION 7.
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 Chair, 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.
Any questions or concerns should be directed to Jeff Page, Collier County
Emergency Medical Services Department/Public Services Division at (239)
774-8459.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Ann Jennejohn, Deputy Clerk
(SEAL)
""88
March 30, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider an Application Submitted by NCH
Dear Georgia:
Please advertise the above referenced petition on Friday, April 2, 2004 and kindly send the
Affidavit of Publication, in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
Enclosure
Account # 490-144610-648110
88
Ann P. Jennejohn
To:
Subject:
Georgia (E-mail)
NCH Certificate of Convenience Application
Hi Georgia,
Please advertise the attached on Friday, April 2, 2004
~
~
NCHCertificate.doc
NCHApplication. doc
Thanks very much,
Ann
Minutes & Records
1
Ann P. Jennejohn
88
,~t
From:
Sent:
To:
Subject:
postmaster@clerk.col/ier.fl.us
Tuesday, March 30, 2004 10:41 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
I..'~n
I~
F.:~>J
L.::.J
ATT631772.txt
NCH Certificate of
Convenience.. .
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
This is an automatically generated Delivery Status Notification.
legals@naplesnews.com
1
Ann P. Jennejohn
88
:i<1
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, March 30, 2004 10:42 AM
Ann P. Jennejohn
Delivered: NCH Certificate of Convenience Application
NCH Certificate of
Convenience.. .
<<NCH Certificate of Convenience Application>> Your message
To: Georgia (E-mail)
Subject: NCH Certificate of Convenience Application
Sent: Tue, 30 Mar 2004 10:41:17 -0500
was delivered to the following recipient(s):
legals on Tue, 30 Mar 2004 10:41:49 -0500
1
NCH Certificate of Convenience Application
Ann P. Jennejohn
Page 1 of 1
rSe
From: legals [Iegals@naplesnews.com]
Sent: Tuesday, March 30, 2004 11 :01 AM
To: Ann P. Jennejohn
$ubject~ RE: NCH Certificate of Convenience Application
OK
-----Original Message--m
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Tuesday, March 30, 2004 10:41 AM
To: Georgia (E-mail)
Subject: NCH Certificate of Convenience Application
Hi Georgia,
Please advertise the attached on Friday, April 2, 2004
Thanks very much,
<<N CH Certificate .doc>>
<<NC HAppl ication. doc>>
Ann
Minutes & Records
3/30/2004
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper 1
time in the issue
on April 2nd, 2004
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; distributed in Collier and Lee counties of 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 he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
/3.~
( Signature of affiant)
Sworn to and subscribed before me
This 6th day of April ,2004
v
(Signature of notary public)
'6*,Y:f~.;:", Harriett Bushon "
{*r ~';'f;~ MY COMMISSION # DD234689 EXPIRES
;~,,~'~":i July 24, 2007
'~I~~.'O',':' 'F\.~~~" BONDED THRU TROY FAIN INSU.~A/>.jCc, iNC
'I,,,,,,'
po'ss
NOl'iCtOf '
PUIUC HEARING
~~~I~e:t~
c,ommlssloners of Cot:
I ebr"cohunty will hold a
I!U C earlna on Tues.
tit hay, April 11, 2004~ Inl'
e Boardroom, .:!rd
Floor, Ad, minIstration I
BUl/dlng, Collier County
Government Center I
3301 East Tamlaml Trail'
NaPle, S, Florida. The
~et ng will begin at
.......A.M.
A PUBLIC HEARING TO
CONSIDER AN APPLlCA.
TlON SUBMITTED BY
NAPLES COMMUNITY
HOSPITAL TO THE
BOARD OF COUNTY
TCHOEM MISSIONERS FOR
ISSUANCE OF A
CERTIFICATE Of' PUBLIC
CONVENIENCE AND NE-
CESSITYTO PROVIDE
TRANSPORTATION
SERVICES FOR THE IN.
TER.FACILlTY TRANSFER
OF POST'HOSPITAL PA.
TIENTS. THIS APPLICA.
TlON IS SUBMITTED IN!
ACCORDANCE WITH THE
PROVISIONS CHi ORDI.
~~1ff: No. 200+12; SEc.
NOTE: All Persons wIsh.
Ing to spelLlLon. any
agencja Item n'luat reaIs-
ter wlth the CoUI'!ty ld.
mlnlstJ'ator JIl'Ior to pre-
sentation of the agenda
Item to be aC!clressed
Individual sPMkers wll;
be limited to' 5 minutes
on an~ Item. The selee:.
tlon of an IndiVIdual to
speak on behalf of an
orl/lrllzatlon or II'CiUp Is
encouraged. If recog-
nized by the Chair, a
SPokesperson for a
group or organization
may be allotted 10 mIn-
utes to speak on an
Item.
Persons WiShing to
have written or graphic
materials InclUded In
the Board agenda pack.
ets must submit said
material a minimum of 3
weeks prior to the reo
sPectlve public hearing.
In ~ case, written ma.
terlals Intended' to' be
considered by the Board
shall be submItted to
tht e"appro!!rJate County
s. a minimum of sev.
en days !!rlor to the
public heai'1!lG. All ma.
terlal used In presenta.
tlons before the. Board
will become a perma-
nent part of the ~ord. I
Any person who decld-'
es to appeal a decision
of the, Board will need a
record of the proceed.
Ings pertaining thereto
and therefor.. may
need to ensure that a
verbatIm record of the
proceedln"" Is mtde
which record Includes
the testimony and evl.
dence upon whIch the
appeal I. based.
Any questions or con.
cerns Should be dl.
rected to Jeff Page, Col-
lier County Emergency
Medical Services De.
rcartment/PUbllc Serv-
~~~'slon at (239)
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,
FLORIDA
DONNA FIALA,
CHAIRMAN
DWIGHT E. BRDCK,
CLERK
B~./u~~nnejOhn,
(SEAL)
Certificate of Public Convenience with NCH
Ann P. Jennejohn
Page 1 of 1
88
-!
: ;f/i
From: Page, Jeff
Sent: Wednesday, May 05, 2004 3:26 PM
To: Ann P. Jennejohn
Subject: RE: Certificate of Public Convenience with NCH
Yes we have been paid and we will continue to monitor the situation and report back to the Board. Thank you for
your help.
-----Original Message-----
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us]
Sent: Wednesday, May 05, 20043:07 PM
To: page.J
Cc: Patricia L. Morgan
Subject: Certificate of Public Convenience with NCH
Good A fternoon Jeff,
We (Minutes & Records Dept.) have just received, for attestation, a "Certificate of
Public Convenience and Necessity" with Naples Community Hospital, which was Item
#8B from the last BCC Meeting. This application/agreement seems to be
contingent upon the receipt of all of NCH's outstanding charges being paid. To your
knowledge, and for confirmation, has this matter been resolved? If so, I will go
ahead and attest to Commissioner Fiala I s signature and provide your office with a
copy of this agreement.
Please advise,
Thank you.
Ann
Minutes & Records
5/5/2004
MEMORANDUM
Date:
May 5, 2004
To:
Jeff Page
EMS Director
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Certificate of Public Convenience and Necessity with
Naples Community Hospital
Enclosed please find a copy of the document, as referenced above
(Agenda Item #88), approved by the Board of County Commissioners on
Tuesday, April 27, 2004. The original document is being kept in our
office for the public record.
If you have any questions, please contact me at
732-2646, ext. 7240.
Thank you.
Enclosure
8 B "'.
6b
NAPLES COMMUNITY HOSPITAL
CERTIFICA TE OF PUBLIC CONVENIENCE AND NECESSITY
the NAPLES COMMUNITY HOSPITAL wishes to provide non-emergency post
hospital intrafaciltiy transports between its facilities: and out of County transports;
and
in this
the above-mentioned service has indicated that it will comply with all requirements of Chapter
401, Florida Statutes governing emergency medical telecommunications and transportation, the
Board of County Commissioners of COLLIER COUNTY hereby issues a Class II Certificate of Public
Convenience and Necessity to this ambulance service for one (1) year from date of issuance of certificate.
In issuing this certificate, it is understood that the above named ambulance service will meet the
requirements of applicable laws and regulations and provide services on a twenty-four hour basis for the
following area(s):
CHAIRMAN, BOARD OF COUNT)
WHEREAS,
WHEREAS,
WHEREAS,
l TTI?S~
there has been demonstrated that there is a need for this ambulance service to operate
County to provide essential services to the citizens of this County; and
.C-
Item # BB_
AgendaL~ l-QtJ
Date
Date 5 -S -elf
Rec'd _
Date:
sufficiency:
legal
:9A
RESOLUTION NO. 2004-161
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA TO REAPPOINT ROBERT
CUNNINGHAM TO THE FOREST LAKES ROADWAY AND
DRAINAGE ADVISORY COMMITTEE
WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier
County adopted Ordinance No. 92-16 which created the Forest Lakes Roadway and
Drainage Advisory Committee for the purpose of assisting the Board in providing and
maintaining improved roadway related drainage and roadway restoration as set forth in
County Ordinance No. 91-107; and
WHEREAS, there is currently a vacancy on the Forest Lakes Roadway and Drainage
Advisory Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, a memorandum was received from staff advising that the Committee
has made its recommendations for reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert Cunningham is hereby
reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4
year term, said term to expire on April 21, 2008.
This Resolution adopted after motion, second and majority vote.
DATED: April 27, 2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
b~.-
By: 4~ .J~
DONNA FIALA, Chairman
,QeCle . " ,
'.{,~ " 'st..~&" .-Q1~~' s
',~ lig,ature ~1,..: ....~ ,: ..I~
Approve~ras tb'fQr~)~(f <"
legal Su'f~~Y:,,~'.,:<>',.-,
~. ,I;, ~~J '" (, '\,; "'-1"
.,1, '. V'-"i .~-.
,f.~<~~~.~
David C. Weigel
County Attorney
DCW /kn: h; public; kay; advisoryboards
Item #
~
~genda 1'o-lj14
uate
~:d S.-J ,D~
~ D
DeputyCI
-98
RESOLUTION NO. 2004-162
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT RAYMOND J.
BOWIE AS A REGULAR MEMBER OF THE COLLIER COUNTY
CODE ENFORCEMENT BOARD.
WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the
Collier County Code Enforcement Boards shall consist of seven regular members and
two alternate members; and
WHEREAS, there is currently a vacancy on this Board for the category of Attorney;
and
WHEREAS, Raymond J. Bowie, currently serving as Alternate, has applied for the
regular member position; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Raymond J. Bowie,
representing the category of Attorney, is hereby appointed as a regular member to the
Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said
term to expire on February 14, 2006.
This Resolution adopted after motion, second and majority vote.
DATED: April 27, 2004
ATT~ST: .,'i':': . ,,:.. ,
D\f.flGttT.'~E:' BROCK; Clerk
. -~li~:'<:' "'~',:r:';'.. ,..... "
I' '.'\,. .., '
b~;,:~::&tN~), ().G.
",.,: ~~.~~'~~ -run' s
" ,$1,"tJlC1., 9fl,.
.... . ' - ~ .. ,I !:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: (/!"~,, J d4.~
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Dew /kn: h; public; kay;advisoryboards
Item# ~
~~~;da +"/ 1 'DY
Date 5'~-bLl
Rec'd . 1.
l\~ ..C
Deputy ~k U~
.... 9 C'
'i
*'
RESOLUTION NO. 2004-163
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO
THE BAYSHORE/ AVALON BEAUTIFICATION MSTU ADVISORY
COMMITTEE
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted
Collier County Ordinance No. 97-82, establishing the BayshorejAvalon Beautification
Municipal Service Taxing Unit and creating the BayshorejAvalon Beautification MSTU
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshorejAvalon
Beautification MSTU Advisory Committee shall consist of five (5) members; and
WHEREAS, there are currently vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Sharon King, resident, is hereby appointed to the Bayshorej Avalon
Beautification MSTU Advisory Committee to fulfill the remainder of the vacant term, said
term to commence March 3, 2005.
2. Victor L. Brittain, resident, is hereby appointed to the BayshorejAvalon
Beautification MSTU Advisory Committee to fulfill the remainder of the vacant term, said
term to expire on March 3, 2005.
This Resolution adopted after motion, second and majority vote.
DATED: April 27, 2004
ATTEST~.' >,.- '" ,'.
DWIGHt:E. BROCK, Gerk
,~ ~ {. .. .'" '-' '
..;,' ;......,.. ...... "
.. -....'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,c.
By: ~~ d~
DONNA IALA, Chairman
")t,._ ;
',~~~:' , '~~C'ha .
$ i gn'aflie~ool 'j .
Approved as to form and
legal sufficiency:
~ 'a1..~~~
David C. Weigel
County Attorney
DCW /kn: h; public;kay;advisoryboards
Item# ~
Agenda Jl,~-,~
Date :LQ..LJ
~~;d 5. '3 .ntt
bJ. IlhAP..t-. t,
~eputtJl;k'V-
RESOLUTION NO. 2004-164
:96,.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO
THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of Collier County adopted
Ordinance No. 80-66 creating the Housing Finance Authority of Collier County, Florida,
pursuant to Chapter 159, Part IV, Florida Statutes; and
WHEREAS, Ordinance No. 80-66 provides that the Housing Finance Authority of
Collier County, Florida shall be composed of five (5) members; and
WHEREAS, there are currently two vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Housing Finance Authority of Collier County has provided the Board
of County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER CDUNlY, FLORIDA, that:
1. George C. Mohlke, Jr., is hereby reappointed to the Housing Finance Authority
of Collier County, Florida, for a 4 year term, said term to expire on June 25, 2007.
2. Rayburn Cadwallader is hereby appointed to the Housing Finance Authority of
Collier County, Florida, for a 4 year term, said term to expire on June 25, 2007.
This Resolution adopted after motion, second and majority vote.
DATED: April 27, 2004
ATTEST:,
DWIG~T:f.'.::~R.9t~, C1~rk
-----':';,,::::~:. ::....~.~.: "',
.<.~;\: ,5' ","\'" ',.'
b
BOARD OF COUNlY COMMISSIONERS
COLLIER CDUNlY, FLORIDA
.c.
By: ~ dd
DONNA IALA, Chairman
, 1\),~"'.J~~I-
Approved as to form and
legal sufficiency:
~:t~Y
David C. Weigel
County Attorney
Dew /kn: h; public; kay; advisoryboards
Item# ~ fJ
Agenda o/O)"'(1-\.
Date
Date 5 '1 "" I
Rec'd ~ u:I.
~r~lJ~f.u ,e
ITEM #10A
APRIL 27,2004
BCC-REGULAR MEETING
HAS NOT BEEN
RECEIVED IN THE
OFFICE OF MINUTES
AND RECORDS AS OF
MAY 16,2005
ITEM #10B
APRIL 27,2004
BCC-REGULAR MEETING
HAS NOT BEEN
RECEIVED IN THE
OFFICE OF MINUTES
AND RECORDS AS OF
MAY 16,2005
IOC
MEMORANDUM
Date:
April 27, 2004
To:
Scott Teach
Assistant County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Mutual General Release between Collier County and Lee H.
Combs extinguishing all obligations between the parties
Enclosed please find one copy of the document as referenced above,
(Agenda Item #10C), approved by the Board of County Commissioners on
Tuesday, April 27, 2004.
The original is being kept in our office for the official record. In addition, a copy
was provided to Denton Baker in Financial Administration and Housing, and a
copy has also been sent to the Finance Department.
If you should have any questions, please contact me
at 732-2646, ext. 7240.
Thank you.
MEMORANDUM
Date:
April 27, 2004
To:
Denton Baker
Financial Administration and Housing
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Mutual General Release between Collier County and Lee H.
Combs extinguishing all obligations between the parties
Enclosed please find one copy of the document as referenced above,
(Agenda Item #10C), approved by the Board of County Commissioners on
Tuesda~ApriI27,2004.
The original is being kept in our office for the official record. In addition, a copy
was provided to Scott Teach in the County Attorney's office, and a copy has
also been sent to the Finance Department.
If you should have any questions, please contact me
at 732-2646, ext. 7240.
Thank you.
lOC
Aor-C7-04 08:38am From-
T-662 P.004/005 F-5TT
IOC
MUTUAL G~NERAL R~lEASE
This mutual release executed by COLLIER COUNTY and LEE H. COMBS
is intended to effect the extinguishment of all obligations between the parties.
Disputes and differences have arisen be~een the parties with respect to
various and sundry employment matters. The parties have agreed to execute
this mutual release in settlement of all such disputes and differences, inCluding
costs, attorneys fees, and any other related cost.
In consideration of the mutual relinquishment of their respective legal
rights with reference to disputes and differences each party expressly releases
the other, and their heirs and legal representatives, from all liability for claims and
demands.
In further consideration of the foregoing, the parties also hereby remise,
release, acquit, satisfy, and forever discharge each other, af and from an, and all
manner of action and actions, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, jUdgments, executions,
claims and demands whatsoever, In law or in equity, which they ever had, now
have, or which any personal representative, successor, heir or assign of them,
hereafter can, shall or may have, against each of them, for, upon or by H~ason of
any matter, caUSe or thing whatsoever, from the beginning of the world to the day
of these presents.
IN WITNESS WHEREOF, the parties, and or their duly authorized agents
have signed and sealed this Mutual General Release on the date set fonh
adjacent to their signatures.
ATTE$T~ '\" '\
--'i~.?8~K..CLERK
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O.G. By:
UNTY COMMISSIONERS
NTY, FLORID
Dated:
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Ap'-C7-04 08:38arr Frcm-
T-652 P.D05i005 F-577
---
Approv d as to Z'l9Lffi",e""y:
Scott R. Teach
Assistant c7,nly Attorney
Dated: Lf)..:l. ) t> '1
c ,
1 Or.
" ~~~->
~ness Si re
;;T L. /<~.- ~~ck..-
Witness Printed Name
~~~
Lee H. Combs
4- ~-o+
Dated:
STATE OF FLORIDA
COUNTY OF LEE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared Lee H. Combs to me known to be the person described in
and who executed the foregoing instrument and she acknowledged before me that
she executed the same.
this
WITNESS my hand and official seal in the County and State last aforesaid
7~ day of r'~ _,2004. ,
-O~6~~Q~
~u;.e: ota U ic ----
d~ ~ .-?~) LJ:i~
Printed Name: Notary Public
My Commission Expires:
f ~Y'1lt...
#k"'t'> JAMES LERAY LeGRANDE
1-t 9; MY COMMISSION # DO 132020
0, n: EXPIRES: August II, 2006
l-aoo.3-NOT My Fl Notary Setvice & Bonding, Inc.
2
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ITEM #10D
APRIL 27,2004
BCC-REGULAR MEETING
HAS NOT BEEN
RECEIVED IN THE
OFFICE OF MINUTES
AND RECORDS AS OF
MAY 16,2005
MEMORANDUM
TO: Sue Filson, Executive Manager
Office of the Board of County Commissioners
FROM: Kelsey Ward, Senior Purchasing & Contracts Agent ~ \LL
Purchasing Department
DATE: June 4, 2004
RE: Contract No. 04-3585; "Fixed Term Public Relations Services"
Abovewater Public Relations & Marketing, LLC; Contractor
.- IDE
This Contract was approved by the BCC on April 27, 2004; Agenda Item 10.E.
and approved by Scott Teach of the County Attorney's office.
The County Attorney's office should have forwarded these five contracts to
your office for signature. As this did not happen, I am asking that you please
have the chairman sign and return them to me.
If you have any questions, please contact me at extension 8949.
Thank you.
Cc: Scott Teach, County Attorney's Office
k,
.
IDE
MEMORANDUM
Date: June 7, 2004
To: Kelsey Ward, Senior Purchasing Agent
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #04-35857 "Fixed Term Public Relations Services"
Abovewater Public Relations & Marketing, LLC7 Contractor
Enclosed please find three (3) originals of the contract
proposals for the document referenced above, approved by the
Board of County Commissioners on April 27, 2004, Agenda Item
#10E.
Kindly forward the documents to the appropriate parties for their
records. The Finance Department and Minutes & Records Department
have their copies.
If you should have any questions, please contact me at:
774-8406.
Thank you.
Enclosures (3)
Contract # 04-3584
"FIXED TERM PUBLIC RELATIONS SERVICES"
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THIS AGREEMENT is made and entered into thiS~ay of ~~
2004, by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and
Abovewater Public Relations & Marketing, LLC authorized to do business in the State of
Florida, whose business address is 107 Madison Drive, Naples, FL 34110 (hereinafter referred
to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain professional Public Relations services of the
CONSULTANT concerning work and/or the improvement of areas within the operational
jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to
this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this
Agreement; and in accordance with the conditions that each Work Order shall not exceed
$25,000 and that total initial compensation for all Work Orders issued under this Agreement
shall not exceed $200,000 for each year that this contract is in effect. Work Order assignments
in excess of $25,000 shall be approved by the Board of County Commissioners.
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 by the OWNER.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
provisions contained herein, the parties hereto agree as follows:
,
IDE
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Public Relations services in all
phases of any Work Order to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in
this Agreement and Work Orders prepared and issued by the OWNER and executed by the
parties hereto subsequent and pursuant to execution of the Agreement. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in
Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", 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.
1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five
(5) calendar days after receiving its Notice to Proceed under an executed Work Order. The
Work 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
2
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and performed under this Agreement and a Work Order. 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 Work Manager under the Work Order shall have full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such
Work Order and this Agreement. The CONSULTANT agrees that the Work 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 Work 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
from the OWNER, to promptly remove and replace the Work 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
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requirements, the CONSULTANT shali notify the OWNER of such confl'iet and ~ii;e its~eQ E
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
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER
professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be
delivered to OWNER in accordance with the following schedule:
(a) The professional evaluations of the OWNER's work budget shall be delivered with
the report to be furnished by CONSULTANT as part of the Scope of Services.
1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as an experienced and qualified professional Public Relations
consultant.
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 A. The following services shall be Additional Basic
Services:
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2.1. 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 previously accepted 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.
2.2. Providing renderings or models for OWNER's use.
2.3. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.4. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office or local travel as defined herein.
2.5. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2.6. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.7. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the work (except for assistance In
consultations which are included as part of the Basic Services to be provided herein).
2.8. Additional services rendered by CONSULTANTS not otherwise provided for in this
Agreement or not customarily furnished in Collier County in accordance with generally accepted
practice.
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101
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement and a
particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work
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 work.
However, the Work 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
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Work 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 design or construction of the Project;
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(d) Arrange for access to and make all provisions for CONSULTANT ~enterln E
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.
3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for
CONSULTANT, may be provided during times that are not the normal business hours of the
CONSUL TANT.
3.4. OWNER shall be responsible' for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the work and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of execution of this Agreement through two
(2) years from that date, or until such time as all outstanding Work Orders issued prior to the
expiration of the Agreement period have been completed. This Agreement may be renewed for
an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both
parties.
4.2. 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 established by a Work Order and shall be performed and
completed in accordance with such Work Order. Time is of the essence with respect to the
performance of this Agreement.
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IDE
4.3 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 cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension.
4.4. 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 two (2) calendar years of a Notice to Proceed, the CONSULTANT's
compensation may 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 the two year period, plus all time extensions granted by OWNER to
CONSUL TANT.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable 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.
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ARTICLE FIVE
COMPENSATION
5.1. The COUNTY will compensate the CONSULTANT for the services performed on each
Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established
hourly rate as provided in Schedule A attached hereto.
5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual
fees paid by the CONSULTANT.
5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.3.1.
Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided in Section
112.061, Florida Statutes, and fees paid for securing approval of authorities having
jurisdiction over the Work Order.
5.3.2.
Expenses of reproductions, postage and handling of Drawings and
Specifications including duplicate sets at the completion of each Work Order for the
County's review and approval.
5,3.3.
Expense of overtime work requiring higher than regular rates, when authorized
by the County.
5,3.4.
Expense of models for the County's use.
5.4. Total compensation for all services and expenses shall not exceed the limit listed upon
each Work Order without written approval.
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5.5. Total initial compensation for all services and expenses shall not exceed $25,000 per
Work Order and total contract limit shall not exceed $200,000. Work Order assignments in
excess of $25,000 shall be approved by the Board of County Commissioners.
5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and
Reimbursable Expenses as defined in Section V, shall be made upon presentation of the
CONSULTANT's County-approved itemized invoice.
5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic
Services on the Work Order shall be kept on a generally recognized accounting basis and shall
be available and provided to the County with submittal of invoices.
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. OWNER agrees to indemnify and hold
harmless CONSULTANT with respect to any claim brought by any third party against
CONSULTANT, including loss or damage from the claim including attorneys fees incurred by
CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
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, 1
With respect to and in consideration for the indemnification provided by OW~ER in 0 I
6.2.
paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt
of which is acknowledged by OWNER through the signing of this Agreement.
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 the date of termination of this Agreement or
the date the work 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 above; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
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.
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8.2. CONSULTANT acknowledges that the general conditions of any construction co~tract thJ 0 I
CONSULTANT creates in performance of a Work Order 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 construction contract or work performed thereunder.
ARTICLE NINE
INSURANCE
9.1. During the life of the Agreement (and until final acceptance by Owner for work performed
under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and
maintain, with companies satisfactory to the OWNER, the type and amounts of insurance
described herein and on Exhibit B. All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. Promptly after written Notice of
Award is issued by the OWNER, the insurance coverages and limits required must be
evidenced by properly executed Certificates of Insurance on forms which are acceptable to the
OWNER.
The Certificates must be personally, manually signed by the Authorized
Representatives of the insurance company/companies shown on the Certificate with proof that
he/she is an authorized representative thereof. In addition, certified, true and exact copies of all
insurance policies required shall be provided to the OWNER, on a timely basis, if required by
the OWNER. These Certificates and policies shall contain provisions that thirty (30) days
written notice by registered or certified mail shall be given to the OWNER of any cancellation,
intent not to renew, or reduction in the policies' coverages, except in the application of the
Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy,
the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the
full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be
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primary to any insurance or self-insurance program carried by the OWNER applicable to the
Work.
9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance
coverages and limits required in this Agreement does not constitute approval or agreement by
the OWNER that the insurance requirements have been met or that the insurance policies
shown on the Certificates of Insurance are in compliance with the requirements of this
Ag reement.
9.3. No work shall commence unless and until the required Certificates of Insurance are
received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER.
9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving
any work CONSULTANT shall procure and maintain insurance of the types and to the limits
specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a
part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to
procure and maintain, until the completion of that subconsultant's or subcontractor's work,
insurance of the types and to the limits specified in Schedule B, unless such insurance
requirement for the subconsultant or subcontractor is expressly waived in writing by the
OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in
writing to OWNER that CONSULTANT's existing coverage includes and covers the
subconsultants and subcontractors for which a waiver is sought, and that such coverage is in
conformance with the types and limits of insurance specified in Schedule B. All liability
insurance policies, other than the Professional Liability, Worker's Compensation and
Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this
Agreement shall name OWNER as an additional insured as to the operations of the
CONSULTANT under this Agreement and the Contract Documents and shall contain
severability of interests provisions.
-13-
.~"-~.~-- .. ..,....
9.5.
If any insurance provided pursuant to this Agreement expires prior to the clmPletio!aO E
final acceptance by Owner of any works, performed hereunder, renewal Certificates of
Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be
furnished by CONSULTANT thirty (30) days prior to the date of expiration.
9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in
this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT 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 its rights under this Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSU L T ANT's own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
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 otherwise exist without regard to this Agreement.
-14-
;. 101
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment under any Work Order 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 work, 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
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
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
-15-
\;. ~
"':'('
CONSULTANT's remedies against OWNER shall be the same as and limited to th!e afforlP E
CONSULTANT under paragraph 12.3 below.
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.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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
-16-
CONSULT NT f . . t. .ft th 'd t'. t.1 Ot E
A , any ee, commiSSIon, percen age, gl or any 0 er consl era Ion con Ingen
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 C, 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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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 or by United
-17-
."!.:::.P/
Service Department, first class mail service, postage prepaid, return receit. reque!eQ E
addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Purchasing Director
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 or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Abovewater Public Relations & Marketing, LLC
Ms. Cynthia M. Dobyns, President
107 Madison Drive
Naples, FL 34110
(239)596-9149
(239)596-8639
Cindy@abovewater.com
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.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
-18-
lOI
17.4. Waiver 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 25 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, RFP #03-3584 - "Fixed Term Public Relations Services", Consultant's
Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C".
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. Unless otherwise specified, 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 when providing 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.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
\
Agreement for Public Relations Services the day and year first written above.
-19-
J. 10 E
c.
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISIO OF THE STATE OF FLORIDA
~~~
By:
ATTEST:
Co missioner Donna Fiala, Chairman
Abovewater Public Relations & Marketina I LLC
_ -/14 ----:--:~
By:/' /'( ~<c-- ~ .
(Type n e): /;f~ -~ - '11'; ,4r1,!J
+- l
\
J
By: r-
(Type name): '
7_.
~~>-M .
~ ,... ,I.)
By: 7L~. . ~
(Type n' e): t/VTtllff /1'- O()/J//r
(') /I .
Title: f-/2E..s/D~/J T
Witnessed:
(CORPORATE SEAL)
-20-
t~:
"
10
SCHEDULE A
Collier County Standard Fee Schedule
RFP 04-3584
"Fixed Term Public Relations ServicesT!
Service
Hourly Cost (per proiect assignment not per individual personnel)
General Public Relations Services
$125,QOjhr
$10Q,QOjhr
Art Direction, illustration, website design
Copywriting, design, production,
media coordination and placement
$90.0Q/hr
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other
services shall be mutually negotiated by the County and firm on a project by project basis as needed.
END OF SCHEDULE A
-21-
101
SCHEDULE B
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.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained
by the Contractor/Consultant/ 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
b. Employers' Liability (check one)
X $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the
Contractor/Consultant/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
-22-
. IDE
by the Owner of the work under this Agreement. Limits of Liability shall not be less than the
following: (check one)
--L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$1,000,000
$1,000,000
$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 wording. "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.
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: (check one)
--L Bodily Injury & Property Damage - $ 500,000
PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional
to insure its legal liability for claims ari~ing out of the performance of professional services under
this Agreement. Such insurance shall have limits of not less than
N/A $1,000,000 each claim and in the aggregate
-23-
~!~
?
Of~!J E
(2)
Any deductible applicable to any claim shall be the sole responsibility
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 OF SCHEDULE B.
-24-
A CORD_
CERTIFICATE OF LIABILITY INSURANCE
OP ID COATE (MMIDDIYYYY)
DOBYN 1 03/01/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
NAIC#
09263
PRODUCER
Insurance and Risk Management
Services, Inc.
8950 Fontana Del Sol Way #200
Naples FL 34109-4374
Phone: 239-649-1444 Fax:239-649-7933
INSURERS AFFORDING COVERAGE
INSURED
INSURER A:
Hartford Insurance Company
AboveWater Public Relations
and Marketing, LLC
107 Madison Drive
Naples FL 34110
COVERAGES
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER PD~l:/~1'J~f6~E I P9~L~Y.!O.~PIRAT~N LIMITS
LTRINSRD TYPE OF INSURANCE DATE' (MM/DDIYY
GENERAL LIABILITY EACH OCCURRENCE $2,000,000
A X 87"'''''~ G"''''' "'''= 21SBMBK4831 11/01/03 11/01/04 UAMA"''' $300,000
PREMISES (Ea occurence)
CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000
, PERSONAL & ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000
I n PRO- nLOC i
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
I ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY I I AUTO ONLY - EA ACCIDENT $
1 ANY AUTO I OTHER THAN EA ACC $
AUTO ONLY: AGG $
I EXCESSIUMBRELLA LIABILITY I ! EACH OCCURRENCE $
P OCCUR o CLAIMS MADE i AGGREGATE $
$
R DEDUCTIBLE I $
: RETENTION $ $
I WORKERS COMPENSATION AND : I ITORy LIMITS I IU~~-
EMPLOYERS' LIABILITY I
! ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
! If ~es, describe under
S ECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $
I OTHER Liability 21SBMBK4831 11/01/03 11/01/04 Claim $2,000,000
A I Prof.
Aqqreqate $4,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Reference: Contract No. 043584 "Fixed Term Public Relations Services for
Collier County" . The certificate holder is an additional insured as respects
general liability coverage.
CERTIFICATE HOLDER
CANCELLA nON
COLLC02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Collier County Board of County -
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 East Tamiami Trail
Naples FL 34112 REPRESEN1;A TIVES. :.-.~. ;/'/. ,/
AUTHORIZED..REP.RESENTA TI~~,U<'::'<';~'r<.<,,'(. .,.1'.
William H. Kuhlman CPCUY'ARM
ACORD 25 (2001/08)
@ ACORD CORPORA rlON 1988
"
~. 10 i
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I l.lA 1'1! (IIII/I>DfYYYV}
02124104
PRDbUCER THJS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Nancy Robens Ins Inc ONLY AND CONFERS NO ~HTS UPOtiI THE; CERTlFICAoTE
5003 Tamilllmi Tr E HOLDER. THIS ~RTlFlCATE DOes NOT AMeND. EXTEND OR
Naples, FI34110 Al Tl:R THE COVERAGE AFFORDED BY THE POUCIE$ BELOW.
INSUReRS AFFORDING COVERAGE NAIC .
~ INSURE~ "- Allstate Infi Co
Cynthia M. & J. Michael Dobyns INSURER 8:
107 Madison Or INSURER c:
Naples. FI34110
INSuRE;I< 0:
I IN611~~ E:
COVERAGES
THE POUCIES OF INSURANCE LISTED BELOW HA,VE BEEN ISSUED TO THE INSURED NAMED ABOIllii FOR THE POLICY PERIOD INDICATED. N01W1THSTANDlNG
ANY FlI!:QI,lIREMEONT, TERM OR CONDITION OF ANY CONTRACT OF( OTHER DOCUMENT WITH RIOSPECT TO WHICH Tl-IIS CERTIFICA,T" MAY BE ISSueD OR
MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~L THE TERMS. EXCt,.t,lSIONS ANO CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INsl<]ADO\ --. Poul;:Y IIiI'I'EClMI ~~llON
P'CILlCY N~ UMITS
...!!_1lAL1.IUIJTV EACH OCCURRENCE; S
- Q"~c;;IA" GENEJV.L LIABIUTY PREIAl S
- <;;lJ'IM6.....DE [!] OCCUR W;O ElCP (lvri one pe-l s
- PERSONAL" AOV INJURY $
,- GENERAL ~G.I\TE $
~'L AGGREGATE LIMIT Ar~~t PER: PROOIJeTS - COMPIOP AGI) $
POLICY n ~ LOC
.~BIUi IJA8IUlY CONIlINED S1NC>LE LIMIT S
NolY AUTO 081055313 03109104 09109/04 IEIl_>
I--
! ~ I\L.L OWHEO AUTOS BODILY INJURY 500,000
A (Per perw>) S
I-- SCHEDULED AUTOS
. HIRED AUT06 800ILY IN.JlJRY
f- (Pe,....._.) S 500,000
~ NON.QwNJ;;O AIJTOS
I f- ~I(TY DAMAGE 500,000
: (""'1I<ddolnll s
RGe~~ AUTO ONLY - E;A ACCIDeNT S
AHV.l\lJTO OTHER THAN EA ACC $
i AllTOONLY: AGG S
9CI!_!U..A UA8lUfY EACH OCCURRefCE S
O'OCCUR 0 CU\lMS W\llE AGGREl;IATE $
S
f.~ DEDUCTIBLE $
RETENTION S
_~llC~Il"'TIOH "NO I we STATU- I 10m-
E_~' LIAIMUTY E.~. EACH M;C10E/</T S
....Y PROPRIETORlPA~TNE"'''''I5CUT1VE E.L DISEASE. lOA EMPLOYS
OF"ICI!RlMEMBER ExCLUD!;D1 S
I ~~~5""OW E.L. DISIOASE . F>OLI(;v ~1M1T S
I OTttER
i
lleSClU'l1ON C# OI'I!ItATlON8 I L.OcA nONll , YEHll:I...Q I EXCLUlJlONS ADDI!D BY ~DOR&r;1EJrr /8II'E;CU\L f'R01/WIONS
CERTIFICATE HOLDER
Collier County Board of Commissioners
3301 E Tamiami Tr
Naples. FI 34112
ACORD Z5 {2001108)
CANCELLATION
SHOULD Ak'r Of' THE ABQVE D~INiO~ Ill! CMCELLEO BEFOIIE1lt"EX_TIOM
DJlT1i 11t~l;Of, '1M" ISSUING IIISURI!It -.L l!NDEA~ TQ MAL _ DAYS ~
NOllCi: TO THI CIIlTIPICATI! lIOuJER _D TO lllIi LEFT, .lIT PAILUIlIl! To DO so _L
~ NO rTY Of' "~l.l IlURJRER, I1li "f,lIOI(1'5 OIl
IUiPftUllNTA
10'"E
Florida
Automobile Insuran!:e
Identification Card
Allstate Insurance Company
POLICY NUMBER 0 81 055313 09/09 co. CODE -09020 EFFECTIVE DATE 03/09/04
[K) PERSONAL INJURY PROTECTION BENEFITS/ 0 BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
Cynthia M & J Michael
Doby.ns
107 Madison Dr
Naples FL 34110-1323
~Allstate.
You're in good hands.
91 Mazda Miata JM1 NA3518M1217611 !
NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE
If you have an accident or loss:
· Get medical attention if needed. Notify the police immediately.
· Obtain names, addresses, phone number$ (work & home) and license
plate numbers of all persons involved including passengers and
witnesses.
· Contact your agent as soon as possible.
Nancy Roberts Ins.
(239) 774-2624
5003 Tamiami Trail E
Naples FL 34113
· If you are unable to contact your agent or broker, call the nearest
Allstate Claim Office (check the phone book). If you are out of town,
contact the nearest Allstate ottice.
· If you carry Auto Collision Insurance: Rental car coverage is provided,
see outline of coverage. (This means Auto Collision Insurance will
apply to a vehicle rented on a short-term basis, not that you will be
reimbursed for the cost of renting a substitute vehicle)
Misrepresentation 01 insurance is a lirsl degree misdemeanor
" '.'--'---,...--
~;'
10
IDE
Allstate Insurance Company
Policy Number: 0 81 055313 09/09
Policy Efleclive Dale: Mar, 9,2004
Your Agen!: Nancy Roberls Ins, (239) 774-2624
~ Allstate.
You're in good hInds.
COVERAGE FOR VEHICLE # 2
1999 Mazda 626
COVERAGE
LIMITS
DEDUCTIBLE
PREMIUM
Automobile Liability Insurance
. Bodily Injury
. Properly Damage
$500,000
$500,000
$500,000
each person
each occurrence
each occurrence
Not Applicable
$113.22
Not Applicable
$57.07
$60.21
Personal Injury Protection
Aggregate Total
$0
$10,000
each person
Uninsured Motorists Insurance $100,000 each person
for Bodily Injury $300,000 each accident
Uninsured Motorists Insurance limits of insured vehicles may be stacked
Not Applicable
$94.64
Automobile Medical Payments
$5,000
each person
Not Applicable
$14.96
$79.62
$23,56
$443.28
Auto Collision Insurance
Actual Cash Value
$500
$250
Auto Comprehensive Insurance
Actual Cash Value
Total Premium for 99 Mazda 626
DISCOUNTS
Multiple Policy
Anti-theft
YOl.l[ premium for this vehicle reflects the following discounts:
$21.50 Premier Plus
$1.99 Passive Restraint
$94.05
$25.72
RATING INFORMATION
This vehicle is driven over 7,500 miles per year, business use, adult age 47, with no unmarried driver under 25, good
driver rate
AUTO .010000904022403011230403.
1~~I~~II~~~~I~~II~IIU~~IIII~I~~~~~~I~II~~~~~I~llm~~11
lnlormauon as 01
February 24. 200~
Page 3
FL010AMD
Allstate Insurance Company
Policy Number: 081 05531309/09
Policy Elleclive Date: Mar, 9, 2004
Your Agent: Nancy Roberts Ins, (239) 174-2624
Your Policy Documents
Your auto policy consists of this Policy Declarations and the documents listed below. Please keep these together.
- Florida Auto Insurance Policy form AU1 09-2 - Florida Amendatory Endorsement form AU10759
Important Payment and Coverage Information
Your rate is lower because you are insuring multiple cars.
If You Have a Question About Your Insurance...
If you wish to present an inquiry or obtain information about coverage, or if you need assistance in resolving a complaint,
please call (239) 774-2624
IN WITNESS WHEREOF, Allstate has caused this policy to be signed by its Secretary and its President at Northbrook,
Illinois. and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by
an authorized agent of Allstate.
~k'~
Edward M. Liddy
President
~1:~
Secretary
hilormallon as 01
February 24. 2004
Page 4
FL010AMD
.~, .
.:.,
IDE
101
DEP ARTIvffiNT OF FlNANClAL SERVICES
'OM GALLAGHER
_FlNANCIAL QmCBR
EXEMPTION APPLICATION RECEIPT
This receipt ONLY confinns that the applicant listed below has submitted an application
for exemption from the proVIsions of the workers' compensation law to the Division of
Worl<ers' Compensation. THIS RECEIPT DOES NOT CONSTITUTE PROOF THAT
AN EXEMPTION HAS BEEN ISSUED TO THE APPLICANT. AN EXEMPTION. IS
NOT VALID UNTIL ISSUED.
FEB 2 r-z 2004
DATE RECEIVED:
s~ k~" ;Q. o.La,,-,
ALa,.... ()) ~"r t R 1- AI <c~~~D
~L+ BL\~
APPLICANT'S NAME:
BUSINESS NAME:
Receipt completed by:
The exemption application was received at the following Division of Workers'
Compensation office: .
Bureau of Compliance
12381 S. Cleveland Avenue
5 uite #506
Ft. Myers, .Ft. 33907
Telephone (239) 278..7239
Affinnative Action I Equal Opportunity Employer
MnR-e~-e~ e9:17 nM n~OYE~nTER PR
2.9 59b 8b.9
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p.e:2
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Exemption Detail Page
This Database was Last Updated: 2/28/20045:45:02 AM
R t t Q F
e urn 0 uery orm
I Exemption Details I
81 Title I Effective *T errnination Exemption I Employer Name I
Date Date Type
CYNTHIA M EJ Feb 28 2004 I C"rr~l I Non ABOVE WATER PUBLIC
DOBYNS Construction RELATIONS &
MARKETING LLC
* Termination may be through the revocation of the exemption, expiration of the exemption, or invalidation by
failure to re-issue the exemption.
Return to Query Form
Copyright 2003
~ ~"'J'r':'r
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http://www.fldfs.comlWCAPPS/Compliance _ POC/wScriptslExemptions.asp?PERID= 002345778
3/112004
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. Consumers. Agents & Agencies. Insurance Regulation' Fraud. Risk Management. Rehab & Liquidation'
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Employer Detail Page
This Database was Last Updated: 2/28/2004 5:45:02 AM
Return to Query Form
I Employer Information I
Employer ABOVE WATER PUBLIC RELATIONS &
Name MARKETING LLC
IAddress 11107 MADISON DRIVE I
ICity IINAPLES I
IState IIFL IIZip 1134110 IICou ntyllcollier I
Employer LIMITED Industry D
LIABILITY
Type CO. Code
No Coverage History
Exemption listings
Click Exemption Holder's Name for Details.
I Name I
I CYNTHIA M DOBYNS I
No Owner Election of Coverage Listings
No Additional Locations
I Employer Name History I
I Employer Name I Name Change
Date
Type
ABOVE WATER PUBLIC RELATIONS & 81 Current I
MARKETING LLC
Return to Query Form
Copyright 2003
~ Prjnt
http://www.f1dfs.com/WCAPPS/Compliance _ POC/wScripts/Employer.asp?EmpID= 000789768
3/1/2004
IDE
Certificate of Status
I certify from the records of this office that ABOVEW ATER PUBLIC RELATIONS
AND MARKETING, LLC, is a limited liability company organized under the laws of the
State of Florida, filed electronically on February 25, 2004, effective February 25, 2004.
The document number of this company is L04000015208.
I further certify that said company has paid all fees due this office through December 31,
2004, and its status is active.
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by the code noted below.
Authentication Code: 040226090610-300029411413#1
Given under my hand and the
C.rreat Seal of the State of Florida
at Tallahassee, the Capital, this the
Twenty Sixth day of February, 2004
La- [. ~
~na !L~nn
Jii~ nf$fate
Electronic Articles of Organization
For
Florida Limited Liability Company
Article I
The name of the Limited Liability Company is:
ABOVEW ATER PUBLIC RELATIONS AND MARKETING, LLC
L04000015208
FILED 8:00 AM
February 25, 2004
Sec. Of state
10 J
Article II
The street address of the principal office of the Limited Liability Company is:
107 MADISON DRIVE
NAPLES, FL. US 34110
The mailing address of the Limited Liability Company is:
107 MADISON DRIVE
NAPLES, FL. US 34110
Article III
The purpose for which this Limited Liability Company is organized is:
ANY AND ALL LAWFUL BUSINESS.
Article IV
The name and Florida street address of the registered agent is:
CYNTHIA M DOBYNS
107 MADISON DRIVE
NAPLES, FL. 34110
Having been named as registered agent and to accept service of process
for the above stated limited liability company at the place designated
in this certificate, I hereby accept the appointment as registered agent
and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete performance
of my duties, and I am familiar with and accept the obligations of my
position as registered agent.
Registered Agent Signature: CYNTHIA M. DOBYNS
Article V
The name and address of managing members/managers are:
Title: MGRM
CYNTHIA M DOBYNS
107 MADISON DRIVE
NAPLES, FL. 34110 US
Article VI
The effective date for this Limited Liability Company shall be:
02/25/2004
Signature of member or an authorized representative of a member
Signature: CYNTHIA M. DOBYNS
.~
101
L04000015208
FILED 8:00 AM
February 25, 2004
Sec. Of state
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
lOE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Abovewater Public Relations & Marketing hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the Professional Public Relations Services of
the CONSULTANT to be provided under the Professional Services Agreement are accurate,
complete and current as of the time of contracting.
BY: ?~;?;;~"
v
DATE: '-~d/..J- /{J Jn f
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MEMORANDUM
Date: June 17, 2004
To: Kelsey Ward, Purchasing Agent
Purchasing Department
Administrative Services Division
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract No. 04-3584
"Fixed Term Public Relations Services for Collier County"
with Gilbert Manjura Marketing, Inc.
Enclosed please find three originals for the document as
referenced above, approved by the Board of County Commissioners
on April 27, 2004 (Agenda Item #10E).
Kindly forward the documents to the appropriate parties for their
records. The Finance Department and Minutes & Records Department
have their copies.
If you should have any questions, please contact me at:
774-8406.
Thank you.
Enclosures (3)
IDE
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ITEM NO.:
<cC))~y
REQUESTFORLEGALSERWCE
.r:-
FILE NO.: J)
O/f-rRC OOd~7
ROUTED TO: .
DO NOT WRITE ABOVE THIS LI E
Date: June 15, 2004
To: Office of the County Attorney
Attention: Scott Teach
From: Kelsey Ward, Senior Purchasing & Contracts Agent K'~<..)
Purchasing Department, Extension 8949
Administrative Services Division
o
Re: Contract # 04*3584; "Fixed Term Public Relations Services for
Collier County"
Gilbert Manjura Marketing, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 27, 2004, Agenda
Item 10.E.
This item has been previously submitted. Please see enclosed
memorandum from you.
ACTION REQUESTED:
Scott, please forward to BCC for signature after approval. If there are
any questions concerning the document, please contact me.
Purchasing would appreciate notification when the documents exit your
office. Thank you.
Cc: Deborah Wight, Communications and Customer Relations Department
IDE
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OFFICE.OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM:
TO:
Kelsey Ward, Senior Purchasing & Contracts Agent,
Purchasing DepaJ;'tment, Support Services Division
Scott R. Teach, Assistant County Attorney ~
FROM:
DATE:
May 18, 2004
RE:
"Fixed Term Public Relations Services"
Gilbert Manjura Marketing, Inc.
Kidd Tucker Group
Kelsey, the above standard contracts were routed to me for review and approval. For the
reasons that follow, I have a couple of reservations regarding approving these contracts.
First, in the Gilbert Manjura Marketing, Inc. contract, the consultant is referred to as
"Gilbert & Manjura Marketing, Inc." We need to reprint a: new page one with the
proper corporate name and either have the signature page revised and resigned or have
Mr. Gilbert put a line through the ampersand and initial and date the change. Mter the
appropriate changes are made please fOIWard the contract back for my final review and
approval.
In reviewing the Kidd Tucker Group contract I found a similar problem. The Florida
Department of State, Division of Corporations states the legal name for the Kidd Tucker.
Group as the Kidd Tucker Real Estate Group, L.L.C. I know these companies are
one and the same because they share the same physical street address. Please revise this
contract to include the correct legal name: Kidd Tucker Real Estate Group, L.L.C.
As always, should you need further assistance with this matter prior to submitting it for
my final review, please call me.
SRT:mht
cc: David C. Weigel, County Attorney
1 DE '~f
Contract # 04-3584
"FIXED TERM PUBLIC RELATIONS SERVICES"
#I a"
THIS, AGREEMENT is made and entered into this ~ day of ~M/
2004, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and
Gilbert Manjura Marketing, Inc. a Corporation, authorized to do busin~ss in the State of
Florida, whose business address is 346 Freeman Street, Longwood, FL 32750 (hereinafter
referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain professional Public Relations services of the
CONSULTANT concerning work and/or the improvement of areas within the operational
jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to
this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this
Agreement; and in accordance with the conditions that each Work Order shall not exceed
$25,000 and that total initial compensation for all Work Orders issued under this Agreement
shall not exceed $200,000 for each year that this contract is in effect. Work Order assignments
in excess of $25,000 shall be approved by the Board of County Commissioners.
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 by the OWNER.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
provisions contained herein, the parties hereto agree as follows:
1
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1, CONSULTANT shall provide to OWNER professional Public Relations services in all
phases of any Work Order to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in
this Agreement and Work Orders prepared and issued by the OWNER and executed by the
parties hereto subsequent and pursuant to execution of the Agreement. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in
Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", 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.
1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five
(5) calendar days after receiving its Notice to Proceed under an executed Work Order. The
Work 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
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and performed under this Agreement and a Work Order. 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 Work Manager under the Work Order shall have full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such
Work Order and this Agreement. The CONSULTANT agrees that the Work 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 Work 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
from the OWNER, to promptly remove and replace the Work 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
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requirements, the CONSULTANT shall notify the OWNER of such confiict 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
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER
professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be
delivered to OWNER in accordance with the following schedule:
(a) The professional evaluations of the OWNER's work budget shall be delivered with
the report to be furnished by CONSULTANT as part of the Scope of Services,
1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as an experienced and qualified professional Public Relations
consultant.
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 A, The following services shall be Additional Basic
Services:
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2,1. 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 previously accepted 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.
2.2. Providing renderings or models for OWNER's use.
2.3. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder,
2.4. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office or local travel as defined herein.
2.5. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2.6. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.7. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the work (except for assistance In
consultations which are included as part of the Basic Services to be provided herein).
2,8. Additional services rendered by CONSULTANTS not otherwise provided for in this
Agreement or not customarily furnished in Collier County in accordance with generally accepted
practice.
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ARTICLE THREE
OWNER'S RESPONSIBILITIES
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3.1, The OWNER shall designate in writing a work coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement and a
particular Work Order (hereinafter referred to as the "Work Coordinator"), The Work
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 work,
However, the Work 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
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Work 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 design or construction of the Project;
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(d) Arrange for access to and make all provisions for CONSULTANT to enter the
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.
3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for
CONSULTANT, may be provided during times that are not the normal business hours of the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the work and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of execution of this Agreement through two
(2) years from that date, or until such time as all outstanding Work Orders issued prior to the
expiration of the Agreement period have been completed. This Agreement may be renewed for
an additional two (2) years, renewable annually, Renewal shall be agreed to, in writing, by both
parties.
4.2. 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 established by a Work Order and shall be performed and
completed in accordance with such Work Order, Time is of the essence with respect to the
performance of this Agreement.
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4,3
Should CONSULTANT be obstructed or delayed in the prosecution or comp~iOO o~ts
i4
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 cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension.
4.4. 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 two (2) calendar years of a Notice to Proceed, the CONSULTANT's
compensation may 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 the two year period, plus all time extensions granted by OWNER to
CONSULTANT.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable 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.
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ARTICLE FIVE
COMPENSATION
5,1. The COU NTY will compensate the CONSU L T ANT for the services performed on each
Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established
hourly rate as provided in Schedule A attached hereto.
5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual
fees paid by the CONSULTANT.
5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.3.1,
Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided in Section
112,061, Florida Statutes, and fees paid for securing approval of authorities having
jurisdiction over the Work Order,
5,3.2.
Expenses of reproductions, postage and handling of Drawings and
Specifications including duplicate sets at the completion of each Work Order for the
County's review and approval.
5.3.3.
Expense of overtime work requiring higher than regular rates, when authorized
by the County.
5.3.4.
Expense of models for the County's use.
5.4. Total compensation for all services and expenses shall not exceed the limit listed upon
each Work Order without written approval.
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5.5, Total initial compensation for all services and expenses shall not exceed $25,000 per
Work Order and total contract limit shall not exceed $200,000. Work Order assignments in
excess of $25,000 shall be approved by the Board of County Commissioners.
5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and
Reimbursable Expenses as defined in Section V, shall be made upon presentation of the
CONSULTANT's County-approved itemized invoice.
5.7, Records of Reimbursable Expenses and Expenses pertaining to Additional Basic
Services on the Work Order shall be kept on a generally recognized accounting basis and shall
be available and provided to the County with submittal of invoices.
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. OWNER agrees to indemnify and hold
harmless CONSULTANT with respect to any claim brought by any third party against
CONSULTANT, including loss or damage from the claim including attorneys fees incurred by
CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
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6.2. With respect to and in consideration for the indemnification provided by OWNER in
paragraphs 6,1. above, CONSULTANT has paid to OWNER $10,00, the sufficiency and receipt
of which is acknowledged by OWNER through the signing of this Agreement.
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 the date of termination of this Agreement or
the date the work 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 above; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
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,
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8.2. CONSULTANT acknowledges that the general conditions of any construction contract that
CONSULTANT creates in performance of a Work Order 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 construction contract or work performed thereunder.
ARTICLE NINE
INSURANCE
9.1. During the life of the Agreement (and until final acceptance by Owner for work performed
under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and
maintain, with companies satisfactory to the OWNER, the type and amounts of insurance
described herein and on Exhibit B. All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. Promptly after written Notice of
Award is issued by the OWNER, the insurance coverages and limits required must be
evidenced by properly executed Certificates of Insurance on forms which are acceptable to the
OWNER. The Certificates must be personally, manually signed by the Authorized
Representatives of the insurance company/companies shown on the Certificate with proof that
he/she is an authorized representative thereof. In addition, certified, true and exact copies of all
insurance policies required shall be provided to the OWNER, on a timely basis, if required by
the OWNER. These Certificates and policies shall contain provisions that thirty (30) days
written notice by registered or certified mail shall be given to the OWNER of any cancellation,
intent not to renew, or reduction in the policies' coverages, except in the application of the
Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy,
the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the
full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be
-12-
. . .. 1 DE 1;4
primary to any Insurance or self-Insurance program earned by the OWNER applIcable to the
Work.
9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance
coverages and limits required in this Agreement does not constitute approval or agreement by
the OWNER that the insurance requirements have been met or that the insurance policies
shown on the Certificates of Insurance are in compliance with the requirements of this
Agreement.
9,3. No work shall commence unless and until the required Certificates of Insurance are
received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER.
9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving
any work CONSULTANT shall procure and maintain insurance of the types and to the limits
specified in Schedule 8 entitled "Insurance Coverage", which is attached hereto and made a
part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to
procure and maintain, until the completion of that subconsultant's or subcontractor's work,
insurance of the types and to the limits specified in Schedule 8, unless such insurance
requirement for the subconsultant or subcontractor is expressly waived in writing by the
OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in
writing to OWNER that CONSULTANT's existing coverage includes and covers the
subconsultants and subcontractors for which a waiver is sought, and that such coverage is in
conformance with the types and limits of insurance specified in Schedule 8. All liability
insurance policies, other than the Professional Liability, Worker's Compensation and
Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this
Agreement shall name OWNER as an additional insured as to the operations of the
CONSULTANT under this Agreement and the Contract Documents and shall contain
severability of interests provisions.
-13-
.
T
If' 'd d t t th' At' . t th 1 01 Et d1'.,
any Insurance proVI e pursuan 0 IS greemen expires pnor 0 e comp e Ion an
9.5.
final acceptance by Owner of any works, performed hereunder, renewal Certificates of
Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be
furnished by CONSULTANT thirty (30) days prior to the date of expiration,
9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in
this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT 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 its rights under 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,
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 otherwise exist without regard to this Agreement.
-14-
ARTICLE ELEVEN
WAIVER OF CLAIMS
IDE
~:~
11,1, CONSULTANT's acceptance of final payment under any Work Order 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 work, 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 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.
12,2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
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
-15-
CONSULTANT's remedies against OWNER shall be the same as and limited to tho!e Qo~ed
CONSULTANT under paragraph 12,3 below.
...:,1\14
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.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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 '.han a bona fide employee working solely for
-16-
IDE
...it
.(~
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 C, 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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to th~ OWNER shall be in writing and shall be delivered by hand or by United
-17-
1 0 E ,:~ >1
States Postal Service Department, first class mail service, postage prepaid, return receipt'
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Purchasing Director
FAX: (239)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 or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Gilbert Manjura Marketing, Inc.
Mr. Edward N. Gilbert, Partner/CEO
346 Freeman Street
Longwood, FL 32750-4171
Telephone: (407)261-5700
FAX: (407)261-5710
g ilbertmanjura. com
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.
-18-
IDE 1"
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. Waiver 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 25 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17,7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, RFP #03-3584 - "Fixed Term Public Relations Services", Consultant's
Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C".
ARTICLE EIGHTEEN
APPLICABLE LAW
18,1. Unless otherwise specified, 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 when providing 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.
-19-
ATTEST:
~~ \\ \1 iHrf f lj i
\.\\": ; !":":'r~ -.11:,.-
...'" ~ 1 ',):' "l' "_ I.,
DwighJ,'$,;~~,;~!'<'\,
..;:' c:.;'~"" ';"';~":'':\'''':''':'}~\
4 \. ,,,,,,
. ~
Witnessed:
(:J.C.
r((
t"()
IDE
of
,,':4~
....
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISIO OF THE STATE OF FLORIDA
~d~
By:
Commissioner Donna Fiala, Chairman
f21 (o-,q~otf
Gilbert...a(Maniura Marketina. Inc.
(
r{Y~lhPrt
(Title): CEO
(CORPORATE SEAL)
-20-
Item # \CJ f
Agenda 't-dl-D+
Date
Date ,-,-\' - -O~
Rec'd lV '-D
b~~
SCHEDULE A
IDE .\~
Collier County Standard Fee Schedule
RFP 04-3584
"Fixed Term Public Relations Services"
Service
Hourly Cost (per project assignment. not per individual personnel)
General Public Relations Services
$125.00jhr
$100.00jhr
Art Direction, illustration, website design
Copywriting, design, production,
media coordination and placement
$90.00jhr
This list is not intended to be all-inclusive, Hourly rate fees for other categories of professional, support and other
services shall be mutually negotiated by the County and firm on a project by project basis as needed.
END OF SCHEDULE A
-21-
IOE
::1.-
,...~ f'4
SCHEDULE B
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.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained
by the Contractor/Consultant/ 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
b, Employers' Liability (check one)
X $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the
Contractor/Consultant/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
-22-
IDE
.....
by the Owner of the work under this Agreement. Limits of liability shall not be less than the
following: (check one)
-2L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$1,000,000
$1,000,000
$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 wording. "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.
AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant I
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle
with limits of not less than: (check one)
-2L Bodily Injury & Property Damage - $ 500,000
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
N/A $1,000,000 each claim and in the aggregate
-23-
IDE
~;I'
( ~
(2) Any deductjble 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 OF SCHEDULE B.
-24-
~~" ....
~.
. .OCS..........CE
. .
STATE FARM INSURANCE COMPANIES
State Farm Rorida Insurance Oomp-'
7401 Oypress Gardens Blvd,
Winter Haven. FL 33888-0007
V-6463-F352 F U 3
GILBERT-MANJURA MARKETING INC
346 FREEMAN ST
LONGWOOD FL 32750-4171
1..11 ...1.lIl11l.I.I.III11.I.,I...lll.lli 1II11.I..I.II..lI.ul
Location: 346 FREEMAN ST
LONGWOOD FL
Loss Payee: PITNEY BOWES CREDIT CORP
Loan No: 5526356-001
Forms, Options, and Endorsements
Special Form 3
Amendatory Endorsement
Business Policy Endorsement
Tree Debris Removal
Glass Deductible Deletion
Hurricane Deductible
Advertising Injury Excl
Personal Injury Exclusion
Loss Payable Endorsement
Protective Safeguard
Terrorism Insurance Cov Notice
Fungus (lncluding Mold) Excl
Continued on next page
"Effective: JUN 142003
FP-6153
FE-6210.3
FE-6464
FE~6451
FE-6538.1
FE-6537.4
FE-6345
FE-6346
FE-6309
FE-6303
1< FE-6999
1< FE-6556
RENEWAL CERT1ACA TE
POLICY NUMBER, 98-GE~2539-3
BUSINESS-OF :
JUN 14 2003 to...uN 142004
lOE'~..
DATE DUE
JUN 14 2003
PLEASE PAY THIS AMOUNT
$1 585.58
""
Coverages and Limits
Section I
A Buildings
B . Business PerSonal Property
C Loss of Income
Deductibles- Section I
Basic
Hurricane .
Other deductibles may
apply - refer to policy
Section II
L Business Liability
M Medical Payments
Gen Aggregate (Other than POO)
Products-Gompleted Operations
(PCO Aggregate)
Annual Premium
Bus Liability - Cov L .
FL EMPAFuhd Surcharge
FL Trust Fund Surchg
Amount Due
Excluded
166,100
Actual Loss
1,000
10.00%
$1.000,000
5.000
2,000,000
2,000,000
$1.463.(
117. (
4.(
~
{~''''_ $1 J 585 . !
Premium Reductions
Your premium has already been reduced
by the following:
Renewal Year Discount
Yrs in Business Discount
Claim Recordbiscount
Prot. Devices Discount
Cov. A - Inflation Index: NI A
Cov. B - Consumer Price: 183.1
NOTICE: Information concerning changes in your policy language is included. Please call your agent if
you have any questions.
7kvr& frr &tt;;rJNIS ~ g<<i:c.
Agent JOHN PS'OMAS
4--: 68 3264 1273
See reverse side for impor'.ant information_
Please keep this part for your record.
l'AJ
INsut,o.H(:E
State Farm Mutual Automobile hisurance Company
7401 Cypress Gardens Boulevard
Winter Haven FL 33888
21476-2-G
1 0 E '4::.
MUTL vOL
DECLARATIONS PAGE
NAMED INSURED
59-6463-22SG
POLICY NUMBER 35 5411-010-591
f--
POLICY PERIOD NOV 04 2003 to APR 10 2004
GILBERT> EDWARD & CONNIE
1709 IVERNESS CT
LONGWOOD FL 32779-2772
1111111111111111111111111111111111I11111111111111111.11111.111
AGENT
JOHN PSOMAS
5301 EAST COLONIAL DRIVE
ORLANDO, FL 32807-1816
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.
SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE.
PHONE: (407)277-2997
2003
BMW
7451
4DR
WBAGL63473DP65076
6B30302
2003
BMW
$500,000
Each Accident
Pia
No Fault
$42.59
G500
eC
Deductible Collision
$
.46
Limits of
- Car Rental
80"10
Limits of Liabilit -U3
i;;;i~:~illi1iij1[i'lm1{,~~;,jj?I~li1j;;lf!lli111i~jf!JfiiiJtliE~afi;ila~
$250,000 $500,000
1!1,;lf~t~li\p~mium!fPtil~61~j;PCjllt1;;mripaiti'ill.if2o.~.;tp~ijf;~:Qj;~QQ'iji;i;1%J~1%[~~jz.ji~Ii~jj4;i!t:~jt{.i!i;ij;I~lj~i;t~i~tl~1i!~lill
Your policy consists o! this declarations page, the pol!cy booklet - form 9810.7, and any endorsements that apply, including
those Issued to you with any subsequent renewal notice.
Replaced policy number 0355411-59H.
Your total current 6 month premium for OCT 102003 to APR 10 2004 is $536.26.
c........ _. I_,...~;"_r"o
~~~hl,.,,.,..,C' M t"_,,hbin infnrm",ti",n ",h","t '"'0._':'.':~?l'!O:..c.:~II. (407)277-2997.
02/24/2004 17:00 FAX
1 0 E ~OO'~ :;1
RMKS
FEBRUARY 24, 2004
AGENT COpy
AGENT: F352/6463
flOLICY:!F: 035 5411-010-591
GILBERT, EDWARD & CONNIE
1709 lVERNESS CT
LONGWOOD, FL 32779-2772
PHONE#: (H) 407-788-6668
.,&, *VEHICLE SUMMARY* *
03 BMVl 7451 4DR VIN: WBAGL63473DP6S076
IRG: 025 CLASS: 6B30302 END
OXD: 04/10/2000
COV: A .250/500/100, P10, D250, G500, R1 80%.'1000, U3 250/500, CIOOOO
MeD 90_16, AFO 10% $36.38, VSD 30% 31.11,
PRIOR V.3D 40%, ABS 5%, ANTI~THEFT 10% 4.59,
API? DAT:~ 05-20-04, ODM 4600 11-03, REF 254 - :L4,
MLD 41_14.
E,ff date: (02/21/04) Curr date: (02/24/04) Time: [04:37 PM)
;;_____---o._~::~~______~~~=~~~~~~==:;;:;=========--....--=:::!!.
B'O REMARKS: (P:LEASE ADD ADDITIONAL INSURED.. . COLLIER COUNTY BOARD OF OF COUNTY)
(COMMISSIONERS PURCHASING DBPT. BUILDING "G~ 3301 lmST TAMIAMI TRAIL, NAPLES,FL)
(34112. )
( )
('rHANK YOU! )
REMARKS APPLY 'ro: Auto
,)~
JOHN A. PSOMAS. Agent
5301 East Colonial Drive
Orlan:io, FL 32807
Off: ('107) zn-2997
I III ~u lAIIIU::
PSOMAS, JOHN A.
407-277-2997 INITIALS (BNW)
IDE
.'l'9lI!I
.:.*
"f
PRODUCER
MARSH USA, INC.
1166 AVENUE OF THE AMERICAS
40TH FLOOR
NEW YORK, NY 10036
DELCINE CHARLES, NY
CERTIFICATE NUMBER
NYC-OO 1925325-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDEO IN THE
POLICY. THIS CERTIFICATE DOES NO,. AMEND, EXTEND OR ALTER ,.HE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
A AMERICAN HOME ASSURANCE CO
GILBERT AND MANJURA MARKETING, INC,
346 FREEMAN STREET
LONGWOOD, FL 32750
COMPANY
B
INSURED
COMPANY
C
COMPANY
D
t -}:r~::
UH
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO "THE NAMED HEREIN FOR "THE POLICY PERIOD INDICATED.
NO"TWITHSTANDING ANY REQUIREMENT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDmoNS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
L,.R DATE (MM/DDIYY) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAl AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $
CLAIMS MADE 0 OCCUR PERSONAL & ADV NJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
$
$
AUTOMOBILE LIABILITY $
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODII.. Y INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AU"OS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSATION AND RMWC-3323-212 01/01/04 01/01/05 X
EMPLOYERS' LIABILITY
100,000
THE PROPRIETOR! X INCL EL DISEASE-POLICY LIMIT 500,000
PARTNERSJEXECUTlVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE 100,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
EVIDENCE OF INSURANCE ONLY
SHOULD AN'( Of THE POLICIES DESCRIBED HEREIN Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILl ENDEAVOR TO MAtl ---30. DAYS WRITTEN NOTICE TO THE
CERTlFw::A TE HOt.DER NAMED HEREIN. BUT FAilURE TO MAIL SUCH NOTIce SHAll IMPOSE NO OBlIGA nON OR
llABIUTY OF At.f'( KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF lHIS CERTIFICATE.
MARSH USA INC.
BY: Steven Becker
~~b.a.,..
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
IDE
,J
'~ ~';;JI
'-:i'~
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Gilbert.&' Maniura Marketing, Inc. hereby certifies that wages, rates and other
/
factual unit costs supporting the compensation for the Professional Public Relations Services of
the CONSULTANT to be provided under the Professional Services Agreement are accurate,
complete and current as of the time of contracting.
BY:&~
DATE: May 4, 2004
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Contract # 04-3584
"FIXED TERM PUBLIC RELATIONS SERVICES"
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THIS AGREEMENT is made and entered into this.d1-'1iay of ~
2004, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and
Kidd and Company, Inc. d/b/a Kidd Tucker Group, authorized to do business in the State of
Florida, whose business address is 2074 Centre Point Boulevard, Tallahassee, FL 32308
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain professional Public Relations services of the
CONSULTANT concerning work and/or the improvement of areas within the operational
jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to
this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this
Agreement; and in accordance with the conditions that each Work Order shall not exceed
$25,000 and that total initial compensation for all Work Orders issued under this Agreement
shall not exceed $200,000 for each year that this contract is in effect. Work Order assignments
in excess of $25,000 shall be approved by the Board of County Commissioners.
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 by the OWNER.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
provisions contained herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Public Relations services in all
phases of any Work Order to which this Agreement applies,
1.2, The Basic Services to be performed by CONSULTANT hereunder are those set forth in
this Agreement and Work Orders prepared and issued by the OWNER and executed by the
parties hereto subsequent and pursuant to execution of the Agreement. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in
Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", 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.
1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five
(5) calendar days after receiving its Notice to Proceed under an executed Work Order. The
Work 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
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and performed under this Agreement and a Work Order. Within five (5) calendar lJ:ti 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 Work Manager under the Work Order shall have full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such
Work Order and this Agreement. The CONSULTANT agrees that the Work 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 Work 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
from the OWNER, to promptly remove and replace the Work 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
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requirements, the CONSULTANT shall notify the OWNER of such conflict and utill Q Est
professional judgment to advise OWNER regarding resolution of each such conflict.
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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
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER
professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be
delivered to OWNER in accordance with the following schedule:
(a) The professional evaluations of the OWNER's work budget shall be delivered with
the report to be furnished by CONSULTANT as part of the Scope of Services.
1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as an experienced and qualified professional Public Relations
consultant.
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 A. The following services shall be Additional Basic
Services:
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2.1. Services resulting from significant changes in the general scope, extent or charalQf Ee .......
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising previously accepted 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.
2.2. Providing renderings or models for OWNER's use.
2,3. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.4. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office or local travel as defined herein.
2.5, Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2.6. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein,
2.7. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the work (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.8. Additional services rendered by CONSULTANTS not otherwise provided for in this
Agreement or not customarily furnished in Collier County in accordance with generally accepted
practice.
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ARTICLE THREE
OWNER'S RESPONSIBILITIES
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3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement and a
particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work
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 work.
However, the Work 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
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Work 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 design or construction of the Project;
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(d) Arrange for access '0 and make all provisions for CONSULTANT '0 1,0 ,E
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
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hereunder.
3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for
CONSULTANT, may be provided during times that are not the normal business hours of the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the work and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4,1. The period of service shall be from the date of execution of this Agreement through two
(2) years from that date, or until such time as all outstanding Work Orders issued prior to the
expiration of the Agreement period have been completed. This Agreement may be renewed for
an additional two (2) years, renewable annually, Renewal shall be agreed to, in writing, by both
parties.
4.2, 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 established by a Work Order and shall be performed and
completed in accordance with such Work Order. Time is of the essence with respect to the
performance of this Agreement.
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Should CONSULTANT be obstructed or delayed in the prosecution or com tion ~ its
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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 cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension.
4.4. 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 two (2) calendar years of a Notice to Proceed, the CONSULTANT's
compensation may 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 the two year period, plus all time extensions granted by OWNER to
CONSULTANT.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable 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,
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ARTICLE FIVE
COMPENSATION
5.1. The COUNTY will compensate the CONSULTANT for the services performed on each
Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established
hourly rate as provided in Schedule A attached hereto.
5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual
fees paid by the CONSULTANT.
5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.3.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided in Section
112.061, Florida Statutes, and fees paid for securing approval of authorities having
jurisdiction over the Work Order.
5.3,2. Expenses of reproductions, postage and handling of Drawings and
Specifications including duplicate sets at the completion of each Work Order for the
County's review and approval.
5,3.3. Expense of overtime work requiring higher than regular rates, when authorized
by the County,
5.3.4, Expense of models for the County's use.
5.4. Total compensation for all services and expenses shall not exceed the limit listed upon
each Work Order without written approval.
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5.5. Total initial compensation for all services and expenses shall not exceed $25,000 per
Work Order and total contract limit shall not exceed $200,000. Work Order assignments in
excess of $25,000 shall be approved by the Board of County Commissioners.
5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and
Reimbursable Expenses as defined in Section V, shall be made upon presentation of the
CONSULTANT's County-approved itemized invoice.
5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic
Services on the Work Order shall be kept on a generally recognized accounting basis and shall
be available and provided to the County with submittal of invoices.
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, OWNER agrees to indemnify and hold
harmless CONSULTANT with respect to any claim brought by any third party against
CONSULTANT, including loss or damage from the claim including attorneys fees incurred by
CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
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6.2. With respect to and in consideration for the indemnification provided by olQ ~
paragraphs 6,1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt
of which is acknowledged by OWNER through the signing of this Agreement.
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 the date of termination of this Agreement or
the date the work 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 above; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
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.
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8.2. CONSULTANT acknowledges that the general conditions of any construction conlctQa~
CONSULTANT creates in performance of a Work Order 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 construction contract or work performed thereunder.
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ARTICLE NINE
INSURANCE
9.1, During the life of the Agreement (and until final acceptance by Owner for work performed
under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and
maintain, with companies satisfactory to the OWNER, the type and amounts of insurance
described herein and on Exhibit B. All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. Promptly after written Notice of
Award is issued by the OWNER, the insurance coverages and limits required must be
evidenced by properly executed Certificates of Insurance on forms which are acceptable to the
OWNER.
The Certificates must be personally, manually signed by the Authorized
Representatives of the insurance company/companies shown on the Certificate with proof that
he/she is an authorized representative thereof. In addition, certified, true and exact copies of all
insurance policies required shall be provided to the OWNER, on a timely basis, if required by
the OWNER. These Certificates and policies shall contain provisions that thirty (30) days
written notice by registered or certified mail shall be given to the OWNER of any cancellation,
intent not to renew, or reduction in the policies' coverages, except in the application of the
Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy,
the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the
full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be
primary to any insurance or self-insurance program carried by the OWNER applicable to the
Work.
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9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance
coverages and limits required in this Agreement does not constitute approval or agreement by
the OWNER that the insurance requirements have been met or that the insurance policies
shown on the Certificates of Insurance are in compliance with the requirements of this
Agreement.
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9,3. No work shall commence unless and until the required Certificates of Insurance are
received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER.
9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving
any work CONSULTANT shall procure and maintain insurance of the types and to the limits
specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a
part hereof, CONSULTANT shall require each of its subconsultants and subcontractors to
procure and maintain, until the completion of that subconsultant's or subcontractor's work,
insurance of the types and to the limits specified in Schedule B, unless such insurance
requirement for the subconsultant or subcontractor is expressly waived in writing by the
OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in
writing to OWNER that CONSULTANT's existing coverage includes and covers the
subconsultants and subcontractors for which a waiver is sought, and that such coverage is in
conformance with the types and limits of insurance specified in Schedule B. All liability
insurance policies, other than the Professional Liability, Worker's Compensation and
Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this
Agreement shall name OWNER as an additional insured as to the operations of the
CONSULTANT under this Agreement and the Contract Documents and shall contain
severability of interests provisions.
9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and
final acceptance by Owner of any works, performed hereunder, renewal Certificates of
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Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be
furnished by CONSULTANT thirty (30) days prior to the date of expiration.
9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in
this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT 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 its rights under 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,
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 otherwise exist without regard to this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment under any Work Order 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 work, except those previously
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made in writing and identified by CONSULTANT as unsettled at the time of the finl Q~nt.'< ...
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 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.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12,1 above, it
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 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
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portion of the fee earned through the date of termination, together with any retainle QtEeld "~
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.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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 C, stating that wage rates and other factual unit costs
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supporting the compensation are accurate, complete and current at the time of the 4rOrEt.
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.
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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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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 or by United
States Postal Service Department, first class mail service, postage prepaid, return receipt
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Purchasing Director
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16.2. All notices required or made pursuant to this ,clgraement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Kidd and Company, Inc. d/b/a Kidd Tucker Group
2074 Centre Point Boulevard
Tallahassee, FL 32308
Ms, Eileen Tucker, Vice-President
Telephone: (850)878-5433
Fax: (850)878-3769
www.kiddtucker.com
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,
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. Waiver 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.
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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 25 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, RFP #03-3584 - "Fixed Term Public Relations Services", Consultant's
Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C".
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. Unless otherwise specified, 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 when providing 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.
-19-
IN WITNESS WHEREOF, the parties hereto have executed this professln9s~ices
Agreement for Public Relations Services the day and year first written above,
ATTEST:
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
::BDIVi;:2HE ]::; FLORIDA
Commissioner Donna Fiala, Chairman
~ ,'-, .'FIt -t -.
Dw~ ~;~$~~I~,.,
By" ,",: '. . ..., . J . '". . ( ({)C,
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A~jt as'.to Ctt.l.'S"
s1gnjt~. 0.1,)'.\ -".::'
Approved::-qs.to form anq.
legal suffi&tePcY'~'. ~, , -
/fIlA
As~t County Attorney
Kidd and Company, Inc. d/b/a Kidd Tucker Group
BY:~P~J
(Typ name): ("'fJ1tir/~ IJ l1:/,rhfl
By: ~ '
(Type name: c... II, {. Y (" 'J..:, ,', co..
By~1-M- C, ;;;~
(Type name): ~lee4'1 C.lvch-v
(Title): lj ltG P IfS ,de41 +-
Witnessed:
(CORPORATE SEAL)
Item #
IOE
Agenda il - 17- 611
Date '. I
Date 7- r2 -04
Rec'd
-20-
SCHEDULE A
lOE
Collier County Standard Fee Schedule
RFP 04-3584
"Fixed Term Public Relations Services"
Service
Hourly Cost (per project assignment, not per individual personnel)
General Public Relations Services
$125.00jhr
$100.00jhr
Art Direction, illustration, website design
Copywriting, design, production,
media coordination and placement
$90.00jhr
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other
services shall be mutually negotiated by the County and firm on a project by project basis as needed.
END OF SCHEDULE A
-21-
1 Of ._"
SCHEDULE B
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.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained
by the Contractor/Consultant/ 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
b. Employers' Liability (check one)
X $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the
Contractor/Consultant/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
-22-
by the Owner of the work under this Agreement. Limits of Liability shall not b1Q fn :h~ .,,!
following: (check one)
----2L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$1,000,000
$1,000,000
$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 wording. "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.
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: (check one)
----2L Bodily Injury & Property Damage - $ 500,000
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
N/A $1,000,000 each claim and in the aggregate
-23-
(2) Any deductible applicable to any claim shall be the sole resplsiQj:of the
Consultant/Professional and shall not be greater than $50,000 each claim.
(3) The Consultant/Professional shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the Owner.
END OF SCHEDULE 8.
-24-
FEB.25.2004 12:38PM
D M CROLEY INS
NO. 755
10E
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CERTIFICATE OF INSURANCE
The company indicated below cart ifies that the insursnoe afforded by the polIcy or pol ieies numbered and
described belewl rs in force as of the effectIve date of thr$ certifIcate. ThIs CertIficate of Insurance
does not amend, extend, or otherwise alter the Tenns and COnditions of lnsuran~e coverage oontalned in any
pol icy numbered and described below.
CERTIFICATE HOLDER:
COL.l.IER COUNTY
BOARD OF COUNTY COMMISSIONERs
3301 E TAMIAMI TRAIL
NAPLES, FL 34112
I NSURECl ;
KIOD AND COMPANY INC
OBA<KIOD TUCKER GROUP
2074 CENTR~ POINTE ~LVD
TALLAHASSEE, FL 3230a
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I AUTOMOBILE ~IABlllrv
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I [XJ Owned
I { ] Hired
I r ] Non-Owned
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Should any of the above described pOI icjes be c8n~elled before the
expiration date, the insurance cOlllpanywll1 endeavor to mail
written no~jce to the above named certificate holder, but fall~re to
mall such notice shall impose 1'10 obligatron Or lIabilily upon fha
company, Its agents, or represBntatives.
I
TYPE OF INSURANCE I
LIABILITY I
(X] Liability and [
Medleal Expense I
Personal and I
AdvertIsing Inluryl
IX] Medical Expenses I
[X] Fire Legal I
LiabilIty I
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POL. I CY NU~'BER
8 ISSUING CO.
77.BO-541852~0004
NATIONWIDE
PROPERTY &
CASUAl. TY CO,
I POLICY
IEFF, DATE
1 01-01 -04
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I POLICY
I EXP. DATE
I 01-01.05
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I Included In Above - Any One Person or
I Oreanl:zatiOIl
I ANY ONE PERSON .........., $
r Any One Fire or Explosion $
I
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LIMITS OF LIABILITY
("LIMITS AT jNCePTIO~)
Bodi Iy Injury
(Each Person) .......... $
(Each Accident) ..,..... S
Property Damage
(Each ^ccident) .", ,..,
ComblnG~ Single Limit ....
I
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Any One Occurrence."".., $ 1,000,000 (
I
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5,000 I
50,000 r
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General Aggreg~te* ....... $ 2,000,000 I
PrOd/Camp Ops Aggregate. . $ 1,000,000 I
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$ 1,000,000 I
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100,000 J
I
100,000 I
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500,000 I
I
DESCRIPTION OF OP~RATIONS/LOCATIONS
VEHIClES/RESTRICTronS/SPECIAL fTEKS
77-BA-541652-3001
NAT I ON\\'I DE
PROPERTY &
CASUAL'rY CO.
01 -01 -04
01-01-05
EXCESS llABILlry
Each Occurrence .... ... ,.. ~
PrQd/Comp Ops/Dlseaee
Aggregate" .......,..... $
[Xl Workerst
Compensat Ion
and
Employerst
Liabll i ty
71.WC-541aS2-0005
Nal iomvlde
Mutual
Illsurance Co.
01-01-04
01-01-05
STATUTO~Y LIMITS
BODILY I NJURY IACC I DENT ... $
Bodily Injury by Disease
EACH EMPLOYEE ... ....... $
Bodily Injury by Disease
POLICY LIM'T ........... $
Effective Date of Certlficale:
Date Certificate Issued:
01-01-2004
02-25-2004
~.~
Authorized Representative: ANGELA K. HEARL
Countersigned at: P.O. BOX 13619
2614 REMINGTON CrRCLE
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
lOt
'..,t
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Kidd and Company, Inc. d/b/a Kidd Tucker Group hereby certifies that wages,
rates and other factual unit costs supporting the compensation for the Professional Public
Relations Services of the CONSULTANT to be provided under the Professional Services
Agreement are accurate, complete and current as of the time of contracting.
~,"
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BY://-C::_.- ~~.
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DATE:
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I
-25-
IQE
MEMORANDUM
Date: July 22, 2004
To: Kelsey Ward, Purchasing Agent
Purchasing Department
Administrative Services Division
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Contract #04-3584 "Fixed Term Public Relations Services
for Collier County" Kelley Swofford Roy, Inc.
Enclosed please find three (3) originals of the contract for the
document referenced above, Agenda Item #10E, approved by the
Board of County Commissioners on April 27, 2004,
One original of the document has been kept for our records and
one has been forwarded to the Finance Department.
If you should have any questions, please contact me at:
774-8411.
Thank you.
Enclosures
ITEM NO.: :)hCi:: U~ fH~TE RECEIVloQ E
FILE NO.: 04-<Pp.,C-OoO~ 3 . COUNTY ATTORNEY
ROUTED TO: (b ~ [P'lfzOOUUl 21 PM y: 09
DO NOT WRITE ABOVE THIS LINE
Date:
REQUEST FOR LEGAL SERVICES
July 20, 2004 -1/ ",,)1>'1.
Office of the County Attorney f}2/t
Attention: Scott Teach
To:
From:
K{u)
Kelsey Ward, Senior Purchasing & Contracts Agent
Purchasing Department, Extension 8949
Administrative Services Division
Re: Contract # 04-3584; "Fixed Term Public Relations Services for ./
Collier County"
Kelley Swofford Roy, Inc,
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 27, 2004, Agenda
Item 10.E.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Scott, This is a standard Agreement with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you,
/b
Cc: Deborah Wight, Communications and Customer Relations Department
IDE
MEMORANDUM
TO:
Sheree Mediavilla
Risk Management Department
v-\> 06\(1)
(j V KY0
Kelsey Ward, Senior Purchasing & Contracts Agent
Purchasing Department
DATE RECEIVED
JUL 2 1 2004
RISK MANAGEMENT
FROM:
DATE: July 20, 2004
RE: Review of Insurance for Contract #04-3584; "Fixed Term Public
Relations Services"
Kelley Swofford Roy, Inc.
This Contract was approved by the BCC on April 27, 2004, Agenda Item 10.E.
Please review the Insurance Certificate in this Agreement for the
above-referenced contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 8949,
/b
Cc: Deborah Wight, Communications and Customer Relations Department
Contract # 04-3584
IQE
.,~
:
...
"FIXED TERM PUBLIC RELATIONS SERVICES"
THIS AGREEMENT is made and entered into this ~ay of ~
2004, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and
Kelley Swofford Roy, Inc., a Corporation, authorized to do business in the State of Florida,
whose business address is 3399 Ponce deLeon Boulevard. Coral Gables. FL 33134
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain professional Public Relations services of the
CONSULTANT concerning work and/or the improvement of areas within the operational
jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to
this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this
Agreement; and in accordance with the conditions that each Work Order shall not exceed
$25,000 and that total initial compensation for all Work Orders issued under this Agreement
shall not exceed $200,000 for each year that this contract is in effect. Work Order assignments
in excess of $25,000 shall be approved by the Board of County Commissioners.
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 by the OWNER.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
provisions contained herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
10c"
1.1. CONSULTANT shall provide to OWNER professional Public Relations services in all
phases of any Work Order to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in
this Agreement and Work Orders prepared and issued by the OWNER and executed by the
parties hereto subsequent and pursuant to execution of the Agreement. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in
Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", 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.
1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five
(5) calendar days after receiving its Notice to Proceed under an executed Work Order. The
Work 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
2
IQE
and performed under this Agreement and a Work Order. 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 Work Manager under the Work Order shall have full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such
Work Order and this Agreement. The CONSULTANT agrees that the Work 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 Work Manager shall be subject to the prior approval and acceptance of the
OWN ER.
1,6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the OWNER, to promptly remove and replace the Work 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
-3-
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.
IDE
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
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. If required pursuant to a Work. Order, CONSULTANT agrees to provide to OWNER
professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be
delivered to OWNER in accordance with the following schedule:
(a) The professional evaluations of the OWNER's work budget shall be delivered with
the report to be furnished by CONSULTANT as part of the Scope of Services.
1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as an experienced and qualified professional Public Relations
consultant.
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 A. The following services shall be Additional Basic
Services:
-4-
2.1. Services resulting from significant changes in the general scope, extent or characte10QeE
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising previously accepted 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.
2.2. Providing renderings or models for OWNER's use.
2.3. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder,
2.4. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office or local travel as defined herein.
2.5. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2,6. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.7. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the work (except for assistance in
consultations which are included as part of the Basic Services to be provided herein),
2.8, Additional services rendered by CONSULTANTS not otherwise provided for in this
Agreement or not customarily furnished in Collier County in accordance with generally accepted
practice,
-5-
ARTICLE THREE
OWNER'S RESPONSIBILITIES
IQE
3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement and a
particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work
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 work.
However, the Work 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
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3,2. The Work 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 design or construction of the Project;
-6-
(d) Arrange for access to and make all provisions for CONSULTANT to erl Q E
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.
3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for
CONSULTANT, may be provided during times that are not the normal business hours of the
CONSUL TANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the work and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of execution of this Agreement through two
(2) years from that date, or until such time as all outstanding Work Orders issued prior to the
expiration of the Agreement period have been completed. This Agreement may be renewed for
an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both
parties.
4.2. 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 established by a Work Order and shall be performed and
completed in accordance with such Work Order. Time is of the essence with respect to the
performance of this Agreement.
-7-
4.3 Should CONSULTANT be obstructed or delayed in the prosecution or comPletion! 0 E
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 cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension.
4.4. 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 two (2) calendar years of a Notice to Proceed, the CONSULTANT's
compensation may 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 the two year period, plus all time extensions granted by OWNER to
CONSULTANT.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable 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.
-8-
IDE
ARTICLE FIVE
COMPENSATION
5,1. The COUNTY will compensate the CONSULTANT for the services performed on each
Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established
hourly rate as provided in Schedule A attached hereto,
5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual
fees paid by the CONSULTANT.
5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.3.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided in Section
112.061, Florida Statutes, and fees paid for securing approval of authorities having
jurisdiction over the Work Order.
5.3.2. Expenses of reproductions, postage and handling of Drawings and
Specifications including duplicate sets at the completion of each Work Order for the
County's review and approval.
5.3,3. Expense of overtime work requiring higher than regular rates, when authorized
by the County.
5,3.4. Expense of models for the County's use.
5,4. Total compensation for all services and expenses shall not exceed the limit listed upon
each Work Order without written approval.
-9-
IQE
5,5. Total initial compensation for all services and expenses shall not exceed $25,000 per
Work Order and total contract limit shall not exceed $200,000. Work Order assignments in
excess of $25,000 shall be approved by the Board of County Commissioners,
5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and
Reimbursable Expenses as defined in Section V, shall be made upon presentation of the
CONSULTANT's County-approved itemized invoice,
5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic
Services on the Work Order shall be kept on a generally recognized accounting basis and shall
be available and provided to the County with submittal of invoices.
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. OWNER agrees to indemnify and hold
harmless CONSULTANT with respect to any claim brought by any third party against
CONSULTANT, including loss or damage from the claim including attorneys fees incurred by
CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
-10-
6.2. With respect to and in consideration for the indemnification provided by oWN10 E
paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt
of which is acknowledged by OWNER through the signing of this Agreement.
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 the date of termination of this Agreement or
the date the work 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 above; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
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.
-11-
8.2. CONSULTANT acknowledges that the general conditions of any construction contraclhQ E
CONSULTANT creates in performance of a Work Order 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 construction contract or work performed thereunder.
ARTICLE NINE
INSURANCE
9.1. During the life of the Agreement (and until final acceptance by Owner for work performed
under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and
maintain, with companies satisfactory to the OWNER, the type and amounts of insurance
described herein and on Exhibit 8, All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. Promptly after written Notice of
Award is issued by the OWNER, the insurance coverages and limits required must be
evidenced by properly executed Certificates of Insurance on forms which are acceptable to the
OWNER.
The Certificates must be personally, manually signed by the Authorized
Representatives of the insurance company/companies shown on the Certificate with proof that
he/she is an authorized representative thereof. In addition, certified, true and exact copies of all
insurance policies required shall be provided to the OWNER, on a timely basis, if required by
the OWNER. These Certificates and policies shall contain provisions that thirty (30) days
written notice by registered or certified mail shall be given to the OWNER of any cancellation,
intent not to renew, or reduction in the policies' coverages, except in the application of the
Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy,
the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the
full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be
-12-
primary 10 any insurance or self-insurance program carried by Ihe OWNER applicable l.1rCJ E
Work.
9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance
coverages and limits required in this Agreement does not constitute approval or agreement by
the OWNER that the insurance requirements have been met or that the insurance policies
shown on the Certificates of Insurance are in compliance with the requirements of this
Agreement.
9.3. No work shall commence unless and until the required Certificates of Insurance are
received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER.
9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving
any work CONSULTANT shall procure and maintain insurance of the types and to the limits
specified in Schedule 8 entitled "Insurance Coverage", which is attached hereto and made a
part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to
procure and maintain, until the completion of that subconsultant's or subcontractor's work,
insurance of the types and to the limits specified in Schedule 8, unless such insurance
requirement for the subconsultant or subcontractor is expressly waived in writing by the
OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in
writing to OWNER that CONSULTANT's existing coverage includes and covers the
subconsultants and subcontractors for which a waiver is sought, and that such coverage is in
conformance with the types and limits of insurance specified in Schedule B. All liability
insurance policies, other than the Professional Liability, Worker's Compensation and
Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this
Agreement shall name OWNER as an additional insured as to the operations of the
CONSULTANT under this Agreement and the Contract Documents and shall contain
severability of interests provisions.
-13-
9.5,
If any insurance provided pursuant to this Agreement expires prior to the comPletilO E
final acceptance by Owner of any works, performed hereunder, renewal Certificates of
Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be
furnished by CONSULTANT thirty (30) days prior to the date of expiration.
9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in
this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSU L T ANT 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 its rights under 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,
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 otherwise exist without regard to this Agreement.
-14-
ARTICLE ELEVEN
WAIVER OF CLAIMS
IDE
11.1. CONSULTANT's acceptance of final payment under any Work Order 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 work, 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 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.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
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
-15-
CONSULTANT's remedies against OWNER shall be the same as and limited to those affonldO E
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.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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
-16-
CONSULTANT, any fee, commission, percentage, gift or any other consideration continlnQ t
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-tn-Negotiation Certificate, attached hereto
and incorporated herein as Schedule C, 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
Ag reement.
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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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 or by United
-17-
States Postal Service Department, first class mail service, postage prepaid, return rle€) E
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Purchasing Director
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 or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Kelley Swofford Roy, Inc.
Ms. Susan p, Kelley, President
3399 Ponce de Leon Boulevard
Coral Gables, FL 33134
(305)444-0004
(305)444-9057
www.ksrmarketing.com
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.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
-18-
IQE
17.4. Waiver 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 25 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, RFP #03-3584 - "Fixed Term Public Relations SeNices", Consultant's
Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C".
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. Unless otherwise specified, 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 when providing seNices 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.
IN WITNESS WHEREOF, the parties hereto have executed this Professional SeNices
Agreement for Public Relations SeNices the day and year first written above.
-19-
lOt
ATTEST:
,. [' '\ , -
,,).) , L!~ '11,f)
Dwight E. Brock;.'Cletk".... ',.'
'() . .~ -. '.
BY~ij.~>~(:~?..
Date: '7.,t.!k-'.'01~' !- .'e
Attest .. to ~. ,1,_:.
s19ftaturt ~11~.~,; . '".~.~:'
'/; , (". '.. .;" (~ ,....
Approved as to form"'anl:f'
'erUi;1LL
~nt County Attorney
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
{j:;r",~ d~
Com Issloner Donna Fiala, Chairman
By:
Kelley Swofford Roy. Inc.
By: ~C4. ~V
(Type name): <;';Sflr- ~\\€.0 (Susan P. Kelley)
(Title): P ~cL~
Witnessed:
(CORPORATE SEAL)
c
Hem, }O E.
AgendaLl
Date ,-Jl-O'l
'7-z.z. .O~
-20-
SCHEDULE A
IQE
Collier County Standard Fee Schedule
RFP 04-3584
"Fixed Term Public Relations Services"
Service
Hourly Cost (per project assignment. not per individual personnel)
General Public Relations Services
$125.00jhr
$100.00jhr
Art Direction, illustration, website design
Copywriting, design, production,
media coordination and placement
$90.00jhr
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other
services shall be mutually negotiated by the County and firm on a project by project basis as needed.
END OF SCHEDULE A
-21-
SCHEDULE B
INSURANCE COVERAGE
IDE
(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.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained
by the Contractor/Consultant/ 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
b. Employers' Liability (check one)
X $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed,
COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the
Contractor/Consultant/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
-22-
by the Owner of the work under this Agreement. Limits of Liability shall not be less tharlhO E
following: (check one)
~ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$1,000,000
$1,000,000
$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 wording, "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.
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: (check one)
~ Bodily Injury & Property Damage - $ 500,000
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
N/A $1,000,000 each claim and in the aggregate
-23-
(2) Any deductible applicable to any claim shall be the sole responsibility 19 E
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 OF SCHEDULE B.
-24-
ACORD~
CERTIFICATE OF LIABILITY INSURANCE
OP IDAl
KELLE-3 03/09/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
E
PRODUCER
InSource, Inc.
9500 South Dadeland Blvd. ,#200
P.O. Box 561567
Miami FL 33256-1567
Phone: 305-670-6111
Fax: 305-670-9699
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A:
RaTttord C..\l.l~y Inauranca Co
Kelley Swofford Roy Inc.
3399 Ponce De Leon Blvd 200
Coral Gables FL 33134
INSURER C
Cantin.ntat C..uaJ.ty C'olllpany
38261
20443
INSURER S"
Hartford Ifl,ll. Co. 0:1: 5ouU....t
INSURER 0
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I/IlSURED NAMED ABOVE FOR THE POLICY PERlOO INDICATED. N01'WITHSTAN01NG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AfFORDED BY THE POlJCIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED8Y PAID CLAIMS.
.NSR OO'l POLIcY EFFECTIVE POLICY EXPIRATION
LTA NSRD TYPE OF INSURANCE POLICY NUMBER DATE IMMJDDIYY} DATE {MMlDOIYY) LIMITS
GENERAL L1A&lJTY EACH OCCURRENCE . 1000000
- DAMAGE TO RENTED
A X ~ COMMERCiAl GENERAl UABILlTY 21SBAFS7801 11/01/03 11/01/04 PREMISES (Ea occurence) . 300000
I :=J CL<JMS MADE ~ OCCUR
- MED EXP (Any ooe pInOn) . 10000
- PERSONAL & ADV INJURY . Excluded
I~ Employee Benefits GENERAl.. AGGREGATE . 2000000
~ AGGREGATE UMIT APPLIES PER, PRODUCTS - COMPIOP AGG 5 2000000
n PRO. n
POliCY JEeT LOC Emp Ben. 1000000
AUTOMOBILE LlABIUTY
- COMBINED SINGLE LIMIT . 1000000
A Atf>f AUTO 21SBAFS7801 11/01/03 11/01/04 lEulcciOimlf
-
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS 8001l Y INJURY
I (Perlilwdent) .
~ NON-OWNED AUTOS
r-----' PROPERTY DAMAGE 5
(PerJlccidtml)
~~~t UABUIT AUTO ONLY. EAACCIOENT .
H ANY AUTO OTHER THAN EA ACC .
AUTO ONLY. AGG .
EXCESSIUMBREUA LIA8IUTY EACH OCCURRENCE . 5000000
A "i::J OCCUR o CLAIMS MADE 21SBAFS7801 11/01/03 11/01/04 AGGREGATE . 5000000
.
8 ~DUCTI.LE I .
X RETENTION .10000 ! I .
, I X I T:~ ~;~~~ I 10TH-
, WORKERS COMPENSATION AND ER
EMPLOYERS' LIABILITY 21WECGD5834 11/02/03 11/02/04
B EL EACH ACCIDENT . 100000
AN'( PROPRIETOR/PARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUOEO? E.L. DISEASE. EA EMPLOYEE . 100000
If yes. OMicribe under
SPECiAl PROVISIONS below f.L. DISEASE - POLICY LIMIT . 500000
OTl-lER
C Errors & Omission 169842557 01/17/04 01/17/05 Limi t 1000000
Retention 10000
DESCRJPTlON Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
*10 days notice of cancellation applies to non payment of premium.
CERTIFICATE HOLDER
CANCELLATION
COLLC03
SHOULD ANY OF THE ABOve DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRA110N
Collier County Government
Support Services Division
Purchasing Department
3301 Tamiami Trail East
Naples FL 34112
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
*30
DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL.
IMPOSE NO OBLtGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
@ACORD CORPORATION 1988
ACORD 25 (2001108)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
IDE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Kelley Swofford Rov. Inc. hereby certifies that wages, rates and other factual
unit costs supporting the compensation for the Professional Public Relations Services of the
CONSULTANT to be provided under the Professional Services Agreement. are accurate,
complete and current as of the time of contracting.
DATE:
~K[y
1- (~(
BY:
-25-
Pl3~o/W~ ~~~~
3301 East Tamiami Trail. Naples, Fiorida 34112 - 49n
(239) n4-8097. Fax (239) n4-3602
15
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
May 3,2004
Mr. Doug Bellomo
Acting Chief, Hazard Identification Section
Mitigation Division
Emergency Preparedness and Response Directorate
Federal Emergency Management Agency
Washington, D.C. 20472
Subject: Flood Insurance Study and Flood Insurance Rate Map for Collier County, Florida and
Unincorporated Areas - Restudy Schedule Agreement
Dear Mr. Bellomo:
I am in receipt of your April 23, 2004, letter notifying Collier County of our agreed upon
schedule to improve the local flood hazard information for Collier County and the incorporated
areas. We appreciate the cooperative approach being implemented to mutually determine the
Base Flood Elevations (BFEs) for the greater Collier County area. This is a process that will
lead to the reproduction of a "final" set of Flood Insurance Rate Maps (FIRM) for the area based
on the best science available, and as such, agree to the terms being specified.
Collier County, through its contractor, Tomasello Consulting Engineers, Inc. (TCE) agrees to
provide the necessary deliverables - that is, the data and methodology to update the FIRMs for
Collier County by December 1, 2004. Collier County further agrees that if the "deliverables" are
not provided by December 1, 2004, that FEMA will have the option to implement the needed
flood hazard study for Collier County and the incorporated areas using the deliverables provided
as of that date.
sm~m~
Donna Fiala
Chairman
Collier County Board of County Commissioners
JKS/
-:;r::re'rn(S)
ti- '77- OY.
fYll" I<.
15
cc: Commissioner Tom Henning, Collier County Board of County Commissioners
Commissioner Donna Fiala, Collier County Board of County Commissioners
Commissioner Jim Coletta, Collier County Board of County Commissioners
Commissioner Fred Coyle, Collier County Board of County Commissioners
Commissioner Frank Halas, Collier County Board of County Commissioners
James V. Mudd, County Manager, Collier County
Joseph K. Schmitt, Administrator, Community Development & Environmental Services
Division
Stan Chrzanowski, Senior Engineer, Engineering Services Department
Jim Turner, Collier County FEMA Coordinator, Building Review and Permitting
Department
Ed Perico, Director, Building Review and Permitting Department
Patrick G. White, Esq., Assistant County Attorney
Dick Tomasello, Tomasello Consulting Engineers, Inc.
16Aa
MEMORANDUM
Date:
April 28, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-115
Re: Timber Ridge, Unit Two Plat Final Approval
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A1), approved by the Board of County
Commissioners on Tuesday April 27, 2004.
The original document is being retained in our office for the
public record.
......"i
If you should have any questions, please contact me at:
732-2646, ext. 7240.
Thank you.
Enclosure
16Al
RESOLUTION NO. 04- 115
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN TIMBER
RIDGE UNIT TWO, RELEASE OF THE
MAINTENANCE SECURITY, AND ACCEPT THE
MAINTENANCE RESPONSffiILITY FOR THE
ROADWAY IMPROVEMENTS. THE WATER AND
SEWER IMPROVEMENTS WILL BE MAINTAINED
BY THE IMMOKALEE WATER AND SEWER
DISTRICT, AND THE DRAINAGE
IMPROVEMENTS WILL BE MAINTAINED BY THE
TIMBER RIDGE HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 16, 1994, approved the plat of Timber Ridge Unit Two 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. 01-57); 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 Timber Ridge
Unit Two, 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 the roadway improvements.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ d;&
DO A FIALA, CHAIRMAN
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Jennifer A. Be dio
Assistant Collier County Attorney
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16A2
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION
. IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this~day of Jo~E.. ,2005 between 951 Land
Holdings. Ltd. hereinafter referred to as "Developer," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as: Fiddler's Creek Parkway
Extension Phase 3
B. Section 10.02.04 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE. in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Earthwork, drainage facilities, water distribution
system. sanitary sewage collection and transmission system and roadways
within 24 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $660,742.94, which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate cost
of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to
be reviewed and approved by the Development Services Director for compliance with the Collier
County Land Development Code.
\ ~3
16A2
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, there'with specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the Development Services Director refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still
in compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance ofthe required
improvements shall continue unless or until the Board accepts maintenance
responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the QeveloRment S~rvice~ Qirec?tJ]or to
reduce the dollar l ~ ~\....J- ~~ ~l. ~\..-~ ' .
amount of the subdivision performance security on the basis of work complete, Each
request for a reduction in the dollar amount of the subdivision performance security shall
be accompanied by a statement of substantial completion by the Developer's engineer
together with the project records necessary for review by the Development Services
Director. The Development Services Director may grant the request for a reduction in the
amount of the subdivision performance security for the improvements completed as of the
date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement. upon certification of such failure, the County Administrator may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or
cause to be constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvements required herein. The Developer, as principal under
the subdivision performance security, shall be liable to pay and to indemnify the Board,
upon completion of such construction, the final total cost to the Board thereof, including,
but not limited to, engineering, legal and contingent costs, together with any damages,
either direct or consequential, which the Board may sustain on account of the failure of the
Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are an shall be binding
upon the Developer and the respective successors and assigns of the Developer.
2 0~ =>
16A2
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement
to be executed by their duly authorized representatives this 711J day of ....)I'ttQ,
2005. I
I
SIGNED, SE~LED, AND
DELIVERED IN THE PRESENCE
OF: I
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Printed or T
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Printed or T
ed NamefJ/,C~<; //ka.:ot!A-
Printed or T ed Name
Printed or T ed Name
[Developer Name] 951 Land Holdings, Ltd., a
Florida Limited Partnership
By:
Mark Strain
Printed or T ed Name
Attomey- in- fact
Title
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'Primed or 1 ed 1\1 ame
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
.-
A TTEST FLORIDA
c.
By: Fred W. ~Ie
Chairman
-3 ~~ -2
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16A2
(Fiddler's Creek Parkway Extension, Phase 3)
PERFORMANCE BOND
Bond# K07218564
KNOW ALL PERSONS BY THESE PRESENTS: that
951 LAND HOLDINGS, LTD.,
a Florida limited partnership, at the address of:
3470 Club Center Blvd.
Naples, FL 34114-0816
(hereinafter collectively referred to as "Owner") and
Westchester Fire Insurance
Company
(Name)
(Street Address)
(City/StateJZip Code)
140 Broadway
New York. NY 10005
(hereinafter referred to as "Surety")
are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the
total aggregate sum of Six Hundred Sixty Thousand Seven Hundred Forty - Two and 94/100 Dollars
($660,742.94) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLlGA nON is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Fiddler's Creek Parkway Extension, Phase
3, and that certain subdivision shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation
of the Surety shall commence on the date this Bond is executed and shall continue until the date of
final acceptance by the Board of County Commissioners of the specific improvements described in
the Land Development Regulations (hereinafter the 'Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and
save harmless the County from and against all costs and damages which it may suffer by reason of
Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the
County may incur in making good any default, then this obligation shall be void, otherwise to remain
in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment," whenever used in this Bond, and whether referring to this
Bond, or other documents shall include any alteration. addition or modification of any character
whatsoever.
Page 1 of 3
16A2
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE
BOND to be executed this 16th day of February ,2005.
PRINCIPAL:
951 LAND HOLDINGS, LTD. a Florida
limited partnership
STATE OF FLORIDA
COUNTY OF COLLIER
~
The foregoing instrument was acknowledged before this'd... ~ day of~ <""'I. '""- .... L " .
2005, by Aubrey J. Ferrao, Attorney in Fact of?SILand HOldings,-Ltd.,-i:P!orida limited
partnership, on behalf of the limited partnership.. He is personally known to'me:- ...."
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Print Name: \
Notary Public
Commission No.
My Commission fu
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EMEUA MARY PACHA
MY COMMISSION # DO 292809
EXPA~S;,Jvne 14,2008
~~PubhC Undetwntors
Page 2 of 3
16A2
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f....:..... Yvonne Olmeda
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SURETY:
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Insert Name of Surety:
WeHt:('heHt:~r Firp TnHlIrl'lnC'.~~ompany
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By: C;; --r~Jt.~10 L. Jz:'I~~(,t 'oI~
Print Name: F.v::m ~P 1 i n.<l 1. nomi nick
Title: Attorney- n-fact
STATEOF New York
COUNfYOF New York
The foregoing instIUment was acknowledged before this ~ day of February
2005, by F.'T<tn g~ 1 ; n<t T nom; n; r<1nsert name), as A 1" 1"ornpy-i n-f::l(, t:
(insert title), on behalf of WeHt:cheH t:er Fi re Tn HlI r:'!n(,p Comp::lny (insert
name of surety), who is (check appropriate box) lEr personally known to me, or 0 who has
produced as identification.
11m CALDEJION
HmMf PlaIC, STAtE OP NIW'IOM
NO.01CMClCl1m
GUAUFIEOIN FICHMOND~ _ /
COMUISSlOHEXPIUAML~ <'b
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PrintNam. Bettv Calderon
Notary Public
Commission No. 01 CA5026 772
My Commission Expires: 4/25/06
(SEAL)
.: .
N/A
Countersignature of Florida resident agent
PrInted name:
F:\USBRS\W ANDA\FlDDUlRS\PBRP.BOND PIcwy &1 Ph3.wpd
Page 3 of 3
16A2
POLICYHOLDER DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
TO
2/16/2006
2/1612005
Westchester Fire Insurance Com an
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26,
2002, any losses caused by certified acts of terrorism under your existing coverage may be partially
reimbursed by the United States under a formula established by federal law (applicability is subject to the
terms and conditions of each individual policy). The Act was specifically designed to address the ability of
businesses and individuals to obtain property and casualty insurance for terrorism and to protect consumers
by addressing market disruptions and ensure the continued availability of terrorism coverage.
Under the terms of The Act, you may now have the right to purchase insurance coverage for losses arising out
of acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is
certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General
of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life,
property; or infrastructure; to have resulted in damage within the United States, or outside the United States in
the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by
an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to
coerce the civilian population of the United States or to influence the policy or affect the conduct of the United
States Government by coercion.
Responsibility for Compensation under The Act is shared between insurance companies covered by The Act
and the United States. Under the formula set forth in The Act, the United States pays 90% of covered terrorism
losses exceeding the statutorily established deductible, which is paid by the insurance company providing the
coverage.
We are providing you with the terrorism coverage required by The Act. We have not established a separate
price for this coverage; however the portion of your annual premium that is reasonably attributable to such
coverage is: $0.00.
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WESTCH~STER FIRE INSURANCECOMPANY
Know all men by these presents: That WESTCHESTER FIRE INSUIUNCE COMPANY, a corporation of the State. of New York ,having its
principal office in the City of Atlanta, Georgia, pursuant to the f(,)lIowing Resolution,adOpted by the Board of Directors of the said Company on November 8, 1999, to
wit: . .
(2)
(3)
. ..
"RESOLVED,lhaI lhe following RlilcsmaIl govern \II~ execulion for the ~yofbonds, undertakings, rcc:ogtIi2:ances. conlracU and other writings in th~ naton: Ihereof.
That the President, any Senior Vice Presidenl, any Vice President, and Assistant Vice Presidenl, or any Attomey-in-FlICl, ....y exeeute for and on behalf of the Company any and. all bonds, \IIllIc:rtaking, ~
contracts and olher writings in the nature thCl'eOl; the same lobe anested when"",,,,"SlIl'Y by the CoIpmlle S~, or any Assistant CoJ1lC)l'8te S=~. and the seal of lheCotnpOll}' a1IIxcd thereto;w1 lI1at the .
.. President, any Senior Vice President, any viet President or anyAssiNnl Vice ),'resident llIay appoint and authori.Ul1Y other Officer (elei:led or appoinled) ofthe Company, lIS AllOtn~Iri~FllCllO so ""ceuleor atlest 10
the execution of all such wrilingsonbehalf!"flh.Company and 10 amx lhe.seaI.ofthe Company Ihen:to." " . .,.,' ,._ .:." .
. '-",. . - .... '" '. ....
Any such writing executed in acconW>ce wittl these Ru1esshall~ ,.,ibinding upon tiMCorrpanyin any.... althouaJt.igned by the President andancsted 10 by lheCorpomeSecretary. ...( . ... ..".
TII!> signature of the President, or a Senior vice Presideni,or a Vice ,President, or IllAss~ Vice President and the~ of the Company may be affixed by facsimile on any power of aItOrneyPtedptllJuaiu 10 this
llaolulion, and the signaton: of a cenityingOfficer and the sea/of the Company may be amxedby faarimile 10 any certificate of any such power, and any such power or catificate beadng such l8csimile sisJlature and sea/
sIl8Il be valid and binding on theC"mpany. .:..' ...... .,.... .. . ..'. .. ..... ...... . .... .,:... _..,. ......>.. .,., ....
Such olherOffiJ;ers of the Company,andAttorneys-ln-F.tt sIl8Il have authorilylo cmiry or verify copies oflhis Resoltttion, the By-Law. of the Company, and anyaftidavit or recOrd of the Company necessary 10 Ihe
discharge of Iheir dUlies.
The passage of Ihis Resolulion does not revoke 81)yearlier authority granled by Resolutions of the Board of Directors.'
(4)
(5)
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Does hereby nominate, c(,)nstitute andap;,int VIVIAN CARl1,DEBRAA.I)EMING;BEITY CALDERON, HALINA KAZMIERCZAK,
YVONNE OLMEDA, CYNTHIA FARRELL~SOMERSALL, THOMAS RHATIGAN, J3LIZABETH MARRERO,
SANDRA DIAZ andEVANGELINAL.I.:>OMINICK aU of the City of New York, State of New York,each individually if there
be more than one named, its true and lawful attomey~in-fact, to make, execute; seal and deliver on its behalf. and as its act and deed any arid all bonds,
undertakings, recogrlizances, con.trac.tsand other wrjtjngs in the nature thereofinpenalties not exceeding Ten Million Dollars ($10,000,000) and the
execution ofSuch writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and
ackowledged by the regularlyelected officers oftl)eCompany at its principal office.
IN WITNESS WHEREOF, the said Stephen. M. Haney, Vice-President,has hereunto subscribed his name arid affixedthecorporate seal ofilie
said",ESTCHESTi!:RFlRElJIlSURANCE; COMP ~Y this 15th day of December 2004. . ..... ..... ... . ... .. ... .... ....
WESTCHESTER FIRE INSURANCE COMPANY
Stephen M. Haney, Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILAOELPHIA .>ss. . ....... ...... . . .......> ..... . ... ........i> ........ ....
On this 15th day of Oecember,A.D. 2004 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the. CountY of ?hiladelphia
came Stephen M. Haney ,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
officer who executedtheprecedillginstrument, and he acknowledged that he executed the same, and that the seal affixed to the preCeding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and
that Resolution, ado~tc;~ by~e Board of I)irectorsof~aid Company, .terred t~ in the precedin~.instrument, is now i~ force. .. ........... .u
\~ TESTIMONY ~~RfOFd have heJ"eunto set p1y hand andaffix~ mypfficial sea1 at the City ofPhiladelpllia the d~r arid Yoear first a.oovewritten.
16A2
WIITCNIITIR PIRIINIURANQI COMPANY
PINANOIAL ITA,.,.NT
DlCIMIIR 31. IOn
ADMI'I"nb AlIIIT8
BONDS
8HORT . T&RM 1NV&8T'M&NTS
8TOOKS
MAL &STATe
CMH ON ~AHD IN lANK
PREMIUM INCOURIIOP COUIOTIow
IHrIRleT ACCRUeo
OTHeR A881T8
TOTALA88m
'1.211'-_
a.a,OOO.toe
2A",OOO
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U02.1M
n.ut.~8
18.02'.218
1,AtfIH! tI
UA81tJ11.
RESeRVe FOR UH8MNID PReMIUMS
RI8I!RV! PORtol_
RI!8SM! FOR TAX18
_FUNDI H&t.DutaIR RElNlURANOS TReATS
OTHI!R UA8IU11&8
lOTALUA8AJTlee
tnt.o78,rao
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CAPITAL: 8PECW.8URPW8
CAPlTAU __8HARE8. $4.81 PAR VALUE
CAPITAL: PAlO IN
8URPW8 (UNA88IGH&D)
. 8UAPW8TO POUOVIfOLDSR8
lOTAL
~&8~MORETfWlDOOAV8 DUE.)
8'rA1'B OF PlHN8YLVANIA
COUNTY OF ,tlLADI!U'HIA
Jclhn P. T., ... d&Iy awam. ..,. ..the Ie \101 PtIIkfeIC of --
__....rAre........ CompIny.... thIC.,... beet or..........__...
~ ...-- OCNIICll*llment ollie II1d ~ InlnaIII ClOndIIon.. oIfhe
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This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 403-2440
16 A3
*** 3388707 OR: 3551 PG: 389r-***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
04/29/2004 at 10:06AM DWIGHT B, BROCK, CLERK
RBC PBB 6.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 7240
Property Folio No. 62207360002
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain Lien by Resolution No. 2002-440 against:
Lora Bulfrano
5213 Carlton St
Naples, FL 34113
The lien was recorded on January 8, 2004 Official Record Book 3480 Page 1627 and
1628, in the Official Records Office of the Clerk of the Circuit Court of Collier County,
State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five
Dollars ($255.00), plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
Lots 1,2 and 3, Block 12, NAPLES MANOR EXTENSION, according to the Plat
thereof as recorded in Plat Book 3, Page(s) 102, of the Public Records of Collier
County, Florida
Cost $255.00
Cost $255.00
Cost $255.00
Reference #2407
Reference #2410
Reference #2411
Folio: 62207360002
Folio: 62207360002
Folio: 62207360002
Collier County, a political subdivision of the State of Florida, by execution of this
Release of Purported Lien, acknowledges payment as full release of the Lien and hereby
cancels said Lien as this was paid prior to the recording of the aforementioned lien.
The Clerk of the Circuit Court is hereby directed to record this Release of Lien, in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release of
Lien, l2Y-J;l,cti6'n0fthe Board this day of ,2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.C_By: ~~ ~
DONNl\. FIALA, Chai:i: ·
Approved as to form and
Legal sufficiency:
~iJ~ r~
Thomas C. Palmer,
Assistant County Attorney
Item# \LPP3
Agenda l-a, -IV I
Date ~ . v'i
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 403-2440
*** 3388708 OR: 3551 PG: 3892 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/29/2004 at 10:06AM DWIGHT B. BROCK, CLBRK
RBC FEB 6.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16 A3
Property Folio No. 00127562201
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA is the owner and holder of a
certain Lien by Resolution No. 2002-395 against:
Alida Victor Hall
2201 SW 43rd Ln
Naples FL 34112
The lien was recorded on October 10, 2002 Official Record Book 3131 Page 2320 and
2321, in the Official Records Office of the Clerk of the Circuit Court of Collier County,
State of Florida. The lien secures the principal sum of Two Thousand One Hundred and
Fifty Dollars ($2,150.00), plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
The East 60.00 feet ofthe South 102.53 feet of the North 632.53 feet of the West
130.00 feet of the East 1070.00 feet of the North ~ of the Southeast 'l4 of the
Southeast 'l4 of Section 4, Township 47 South, Range 29 East, Collier County,
Florida
Cost $2,150.00
Reference #2157
Folio: 00127562201
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby
cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien, in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien:. by. action of the Board this
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day of
,2004.
L<...-J O. e .
'rlerk
BOARD OF COUNTY COMMISSIONERS
~~LLlERC~=Rj~_
DONNA: FIALA, ChaIrman
Approved as to form and
Legal sufficiency:
11\M. r~
Thomas C. Palmer,
Assistant County Attorney
Item # \~~~
Agenda LJ......"\.. '\ J'
Dale -..L..a-...LJl
Date tf/~i),
Rec'd
(
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 403-2440
*** 3388709 OR: 3551 PG: 3893 ***
RBCORDBD in OFPICIAL RECORDS of COLLIBR COUNTY, FL
04/29/2004 at 10:06AM DWIGHT B, BROCK, CLERK
RBC FHE 6.00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICB 4TH FLOOR
EIT 7240
7.6 A3
Property Folio No. 36239720002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain Lien by Resolution No. 2003-435 against:
Cletus and Anita Milbert
790 Bennett Road
South Daytona FL 32019-0000
The lien was recorded on January 8, 2004 Official Record Book 3480 Page 1617 and
1618, in the Official Records Office of the Clerk of the Circuit Court of Collier County,
State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five
Dollars ($255.00), plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
Lot 22, Block 165, Unit 5, Golden Gate, according to the Plat thereof recorded in
Plat Book 5, Page 118, of the Public Records of Collier County, Florida
Cost $255.00
Reference #2348
Folio: 36239720002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby
cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien, in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
FIQrida, fl:cting through its Chairman, directs execution and recording of the Satisfaction
.,'" '"
___..-~~~~ b~I~'ctl?n of the Board this day of ,2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By 4!~_u d~.
DONN FIALA, Chairman
Approved as to form and
Legal sufficiency:
ndt;w-. ~
Tho as C. Palmer,
Assistant County Attorney
Item# jLc>f\3
~~~~datf~J~
Dat~ 'l....V~ ,C1:l
Ree d'l
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 403-2440
16 AJ
*** 3388710 OR: 3551 PG: 3894 ***
RECORDED in OPPICIAL RBCORDS of COLLIER COUNTY, PL
04/29/2004 at 10:06AK DWIGHT E. BROCK, CLERK
REC PEE 6,00
COPIBS 1.00
Retn:
CLERK TO THB BOARD
INTBROPPICB 4TH PLOOR
EXT 7240
Property Folio No. 36126560003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain Lien by Resolution No. 2003-442 against:
CNC Investments LLC
1650 Silver Sands Ave
Naples, FL 34119
The lien was recorded on January 8, 2004 Official Record Book 3480 Page 1631and
1632, in the Official Records Office of the Clerk of the Circuit Court of Collier County,
State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five
Dollars ($255.00), plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
Lot 16, Block 140 of Golden Gate Unit 4, according to the plat or map thereof as
recorded in Plat Book 5 at Page 107-116 inclusive, of the Public Records of
Collier County, Florida
Cost $255.00
Reference #2404
Folio: 36126560003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby
cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien, in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, ,by, ~~on of the Board this
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day of
,2004.
.Go By:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA
~ed4
DONNA IALA, Chairman
Approved as to form and
Legal sufficiency:
ThoE~~i~
Assistant County Attorney
Item # Kpt1"3
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RESOLUTION NO. 2004-116
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
16
A4
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 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: H S PARTNERSHIP
LEGAL DESCRIPTION: The South 50.00 feet of the North 248.5 feet of the West 165.00 feet of
the Southwest 14 of the Southeast ~ of the Southwest ~, Section 3, Township 47, South, Range
29 East, Collier County, Florida, less the West 30.00 feet reserved for road right of way.
COST: $255.00
REFERENCE#: 2345
FOLIO #: 00117680009
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
., "r,;. \"\'".\ ~~ ,. ,',
;t,J;~~' . ,h'
!~~~~!"li'~;~ot~i.Clerk
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" rn..,
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
~.
BY:
Donna Fi la, Chairman
...
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Item # I.LIic:..L.:
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F: LIENI MSTR RESOLUTION
16 A4
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
H S PARTNERSHIP
PO BOX 7174
Naples, Fl. 34101-7174
DATE:
REF. INV. 2345
FOLIO #: 00117680009
LIEN NUMBER:
LEGAL DESCRIPTION: The South 50.00 feet of the North 248.5 feet of the West 165.00 feet
of the Southwest 1,4 of the Southeast 1,4 of the Southwest 1,4, Section 3, Township 47, South,
Range 29 East, Collier County, Florida, less the West 30.00 feet reserved for road right of way.
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, and constituted a violation of county regulations on
+:
:: June 19, 2003, and ordered the abatement of a certain nuisance existing on the above property
~
c:r. prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The
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nUIsance IS:
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co WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED
~ OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES.
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pc: You have failed to timely abate such nuisance; whereupon, it was abated by the
C>
:: 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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
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RESOLUTION NO. 2004- 117
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
16
A4
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 7 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: STONESTREET, WILLIAM M.
LEGAL DESCRIPTION: Lot 7 Block C, Riverwood, Unit 1, in accordance with and subject to
the Plat recorded in Plat Book 8, Page 53, Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2484
FOLIO #: 69810840006
The County shall (by regular U.S. mail) mail a copy of this Resolution along with the
Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20)
days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned
by the noted property owner(s) in Collier County.
This Resolution passed and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
. '. ' ' ' ' , \"
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ d~
Donna Fi la, Chairman
Il$m # \(Pf1~~; l
Agend'~ 4-a"'"l-Ai I
Date -LY~
Data 4~16-tY I
Rec'a ~
F: LIEN! MSTR RESOLUTION
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16 A4
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
STONESTREET, WILLIAM M.
28 Lakeshore Dr
Hudson, Ma, 01749-3208
DATE:
REF. INV.# 2484
FOLIO # 69810840006
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 7 Block C, Riverwood, Unit 1, in accordance with and subject to
the Plat recorded in Plat Book 8, Page 53, 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 7, and constituted a violation of county
regulations on December 12, 2003, 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 DOLLARS ($255.00).
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
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RESOLUTION NO. 2004-lili
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
16
A4
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 9 of the property described as
follows, having been abated ofa 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:
c:::>
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NAME: WILKINSON-MEFFERT CONST. CO. INC.
PQ
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LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2446
FOLIO #: 35761360009
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier Co~nty",Rl(lri4~; this _ day of
0"- ~'('::J . l!r ' " "'1
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ATT-E3T.... "'.,~:;..;"",- ". "... '1,.
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DWIGHt ~;/8~(jc~.:c1~ ~
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1.'::1'; ~'
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, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ ~~
Donna Fi la, Chairman
,G.
Approved as to' fOnh 'and
legal SUi: ~
Thomas C. Palmer, Assistant County Attorney
Item ,'--'J '{p' A 4-
~:a g- ;).1.'04
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F: LIEN/ MSTR RESOLUTION
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16 A4
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
WILKINSON-MEFFERT CONST.
CO. INC.
% Avatar
201 Alhambra Circle
Coral Gables, FL 33134
DA TE:
REF. INV.# 2446
FOLIO # 35761360009
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, inclusive 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 9, and constituted a violation of county
regulations on October 13, 2003, 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 DOLLARS ($255.00).
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
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RESOLUTION NO. 2004-119
16
A4
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.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 2 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: WILKINSON-MEFFERT CONST. CO. INC.
....
....
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....
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LEGAL DESCRIPTION: Lot 2 Block 40, Unit 2, Golden Gate inclusive, according to the Plat
in Plat Book 5, Page 65 through 77, of the Public Records of Collier County, Florida
COST: $255.00
REFERENCE#: 2444
FOLIO #: 35761080004
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: d!~.u d;Jr.
Donna Fi a, Chairman
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BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
WILKINSON-MEFFERT CONST.
CO. INC.
% Avatar
201 Alhambra Circle
Coral Gables, FL 33134
DA TE:
REF. INV.# 2444
FOLIO # 35761080004
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 2 Block 40, Unit 2, Golden Gate inclusive, according to the Plat
in Plat Book 5, Page 65 through 77, 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 2, and constituted a violation of county
regulations on October 20, 2003, 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 DOLLARS ($255.00).
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
RESOLUTION NO. 2004- 120
16
A4
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 10 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:
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NAME: WILKINSON-MEFFERT CONST. CO. INC.
-
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-
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LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, of the Public Records of Collier County, Florida
COST: $255.00
-"
-
REFERENCE#: 2445
FOLIO #: 35761400008
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. - = ~ This Resolution passed and duly adopted by the Board of County Commissioners of
~ -" ~ Collier County, Florida, this _ day of , 2004.
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o ::: _Thomas ~er, Assistant County Attorney
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The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ ~~.
Donna Fi la, Chairman
Item # \(0 '-A Lf
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F: LIEN! MSTR RESOLUTION
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16 A4
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
WILKINSON-MEFFERT CONST.
CO. INC.
% Avatar
201 Alhambra Circle
Coral Gables, FL 33134
DA TE:
REF. INV.# 2445
FOLIO # 35761400008
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, 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 10 and constituted a violation of county
regulations on October 13, 2003, 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 DOLLARS ($255.00).
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
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RESOLUTION NO. 2004-121
16
A4
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.
c:>
.....
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 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:
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NAME: WILKINSON-MEFFERT CONST. CO. INC.
....
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LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, of the Public Records of Collier County, Florida
COST: $255,00
REFERENCE#: 2448
,..::0
-
FOLIO #: 35761320007
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier Cqunty~ FIQri~a, this _ day of
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,2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
~J~
BY:
Donna Fi la, Chairman
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BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
WILKINSON-MEFFERT CONST.
CO. INC.
% Avatar
201 Alhambra Circle
Coral Gables, FL 33134
DATE:
REF. INV.# 2448
FOLIO # 35761320007
LIEN NUMBER:
16 A4
LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77, 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 October 13, 2003, 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 DOLLARS ($255.00).
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
This Resolution passed and duly adopted by the Board of County Commissioners of
Collier <:,ow;ty'~,'r:1Qtjda" ~his _ day of , 2004.
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Dep,~i)~ ',',to".
g s'1gAaf e. Oftl).
~ Approved as to form and
~ !: legal sUffiCienCYh
~ - Ih",^ ~L ____
~ E :; Thomas tr' Palmer, Assistant County Attorney
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RESOLUTION NO. 2004-122
16
A4
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.
c:.
.....
c:.
-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 5 of the property described as
to !lows, 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: WILKINSON-MEFFERT CONST. CO. INC.
-
-
-
u
-
...
LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77 inclusive, of the Public Records of Collier County, Florida
..:0
-
COST: $450.00
REFERENCE#: 2472
FOLIO #: 35761200004
The County 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
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.
D.C. ,
-inlu's
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
~.J~
Chairman
~,'\{QA4
-
Agenda L{-- d )-6l1
Date _ T
F: LIEN/ MSTR RESOLUTION
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Deputy CI r
16
A4
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
WILKINSON-MEFFERT CONST.
CO. INC.
% Avatar
201 Alhambra Circle
Coral Gables, FL 33134
DATE:
REF. INV.# 2472
FOLIO # 35761200004
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat
Book 5, Page 65 through 77 inclusive, 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 5 and constituted a violation of county
+:
+:
+: regulations on November 13,2003, and ordered the abatement of a certain nuisance existing on the
c::r-.
<::>
~ above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon
~ you. The nuisance is:
~
~ EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED
~ PROPERTY.
t::t:::
c:::>
You have failed to timely abate such nuisance; whereupon, it was abated by the
+:
+:
+:
expenditure of public funds at a direct cost of TWO-HUNDRED FIFTY ($250.00) DOLLARS and
an administrative cost of Two-Hundred ($200.00) dollars for a total of FOUR-HUNDRED FIFTY
($450.00) 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
c::> c::>
..... c::>
c::> ......
......
RESOLUTION NO. 2004---l23
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
16
AS
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) 13 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: AVILA, FILOMENO & MARIA J.
LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No.3, according to the plat
thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida.
-
-"'"
:: :;: COST: $255.00
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REFERENCE#: 2443
FOLIO #: 35987920003
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
r, '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY L~
Donna a a, 1 an~
1tern#l1/l.B5..
Agenda t-f..a ro4"
Date
Glat~ '-\- ,,'6 fii
!i\ee,Q!
F: LIEN! MSTR RESOLUTION
16 AS
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
A VILA, FILOMENO & MARIA J.
5590 16TH PI. SW
Naples, FI. 34116
DATE:
REF. INV.# 2443
FOLIO #: 35987920003
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No.3, according to the plat
thereof recorded in Plat Book 5, Page 100, 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
:+
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Director, did determine a public nuisance existed on lot 13, and constituted a violation of county
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regulations on October 14, 2003, and ordered the abatement of a certain nuisance existing on the
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ex:>
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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
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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 DOLLARS ($255.00).
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
BY . .
,])eputy'Cler . '[ .... .
~ -;.' ...A~t.est ....teic;Jai........
:: Appr()>,M~~'
<=> e- (/., _," . .
:::! - legal suftiCiency: . ',.'.~
:;: ,<'> "",>' ~
; ~ ;!; Thomas ~, Aastant County Attorney
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RESOLUTION NO. 2004- 124
16
AS
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 25 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:
C> C>
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NAME: BATON ROUGE LLC
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LEGAL DESCRIPTION: Lot 25, Block 219, GOLDEN GATE UNIT 6, subject to the plat
recorded in Plat book 5, Page 124 through 134, inclusive, Public Records of Collier County,
Florida.
COST: $265.00
REFERENCE#: 2465
FOLIO #: 36319840006
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
ATTEST:
DWIGHr:~tfM%f(. Clerk
....~.J . . ~ . . . , . . . . .". ~:;:) I
. ,T "., e.,. '1,
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jo; 'i \ ' ,
.C .
BOARD OF COUNTY COMMISSIONERS
COLLIER C~' FLORIDA _
BY: ~ e!~
Donna Fiala, Chairman
F: LIEN! MSTR RESOLUTION
\
ltem# J(bi~.7-
A~fmda y~ al"'DLt
Date
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.16 A5
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
BATON ROUGE LLC
4730 Golden Gate Pkwy., Ste. A
Naples, FI. 34116
DATE:
REF. INV.# 2465
FOLIO #: 36319840006
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 25, Block 219, GOLDEN GATE UNIT 6, subject to the plat
recorded in Plat book 5, Page 124 through 134, inclusive, 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 25, and constituted a violation of county
regulations on October 27, 2003, 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: ACCUMULA TION 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 SIXTY-FIVE ($65.00) DOLLARS and an
administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED SIXTY-
FIVE DOLLARS ($265.00).
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: LIENSI MSTR LNAL
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16 As
RESOLUTION NO. 2004- 125
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 40 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: BRAY, STEVEN F.
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LEGAL DESCRIPTION: Lot 40, Willow West, as filed in Plat Book 15, Page 79 of the Public
Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2488
FOLIO #: 82602502005
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
,,'-:\\-~J~~tc ,.
.~...'j 0~~).. ~ . . . . . ~..
~Tta~ffj), ......,:
.. -;bw(G~Trii. 'B~aCt, Clerk
~: .of ~."":..: '.:". I' . - ',...
"'~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: {f---, Lit.
Donna Fi a, Chairman
_ '~:v.:
~ . '5'.A~7K~~)i~~ ChI
Appro~J~~~\l6rlOrW1 ~tl
legal SUllie;:: ~
Thom~ Palmer, ~SiStaut County Attorney
'--'t O.C .
f~#"~
A9tnda
0-. ~a1ti.Lf
~d ~-blf
-
~'(f~
F: LIEN/ MSTR RESOLUTION
P:::
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16 AS
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
BRAY, STEVEN F.
7465 Jacaranda Park Rd.
Naples, Fl. 34109
DATE:
REF. INV.# 2488
FOLIO #: 82602502005
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 40, Willow West, as filed in Plat Book 15, Page 79 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 40, and constituted a violation of county
+:
-to:
+:
regulations on December 15, 2003, and ordered the abatement of a certain nuisance existing on the
('"'-..J
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above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon
you. The nuisance is:
C)
-=a....
WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED
OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES.
co
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CV")
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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
Patricia L. Morgan
16
A5
From:
Sent:
To:
Cc:
Subject:
Hilton, Shanel/e
Monday, May 17, 20048:17 AM
Minutes and Records
Powers, Janet; Hilton, Shanelle
Condori, Franklin and Haydee
'IIi,re are 3 Ii,ns aue '0 6e recoraea on ,fie a6cve re[erenua names, we fzave receivea payment. pkase ao no' recora'lie ,lir" (3)
fiens. I wdr 6e ff4i"B over '0 y&u sfiortfy ,fiis morning ,lie paymen' sfip for ,fie 'firee &ns. if you fzave ony questions, pkase
contact me (403-2453)
Sfiane(fe
e5/17/2004 08:32 2394032343
CODE ENF~NT
PAGE 01
~
16 AS'
COLLIER COUNTY GOVERNMENT
CODE ENFORCEMENT
2800 N, HORSHSHOB DRIVE
NAPLES, PL 34104
PAJC (239) 403-2343
DATE;
s J, '7 /0'-/
1 {
FROM
NAME: .
s~
DBPARTMBNT: CODE ENFORCEMENT
TELEPHONE: t.!-O;; " ~ S ~
TOTALPAOES INCLUDING COVER SHEET: 1r'
~
SPBClALNOTESIINSTRUcnoNS: ~ rnetJ s.il F ~{()/1 tI or, -
-fer p(evI6J~ .e~tl ~J/t+
05/17/2004 0B:32
2394032343
CODE ENFORCEMENT
PAGE 02
16 AS ~
Official Receipt - Collier County Board of County Commissioners
COPR1103 - Offidaf Receipt
Trans Number
479851
Dele
5/17/2004 8:31:31 AM
Post Date
5/17/2004
Nbr
CONDORI, FRANKliN
Payor; F CONOORI
Fee Information
Fee Code Oeser tion GL Account
06LMCA LOTMOWING-AOMIN. FEE 111138911343 08??oo0
MCF lOT MOWING & CLEARING-PRINO' 11113891134390800000
Totel
Payments
pa ment CocIo
CHeCK
2768
"Check Number
Amount
$765.00
Total Cash
Total Non-Cash
$0.00/
$765.00
S786.QQ]
Total Palcl C
Memo:
payment In full for 3 nu.lance abatement liens:
2003110796 $255.00 INY tt2480
2oo31107g7 $255.00 'NV #2477
2003110798 $255.00 INV #2482
Cashlerllocation: MCCAULEYKATY / 1
User: HIL TONSHANELLE
Collier County Board 0' County CommIssioners
CO-PfU$ for Window. 95/NT
Printed:511712004 8:31:56 AM
RESOLUTION NO. 2004- 126
16
AS,
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 20 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: CONDORI, FRANKLIN & HA YDEE
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, of
the public records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2480
FOLIO #: 36304240006
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier_G~h't~,"P.~qd~, this _ day of , 2004.
..- - ..;~"\'O" ., 8()~ "it
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t"~~:J1.." -;,;', "'. ~ II
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p'W!bft;t'~;i3RQ9K::~e~
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. ---... '~'<. ~./~,. . j>.,..~. "".
......... 'f) .... ,.,,, 'I....
'. -<.j ~ I' " \,' ." ";; - 0
BY. . ,I " . . .C.
Denut~ el r - ~.> ,.,..',
A tt .f.l{O ,) uu
s 1 anatwr.. OIl 1J.
ApproveCl as to form llha
legal sufficiency:
\iW\r~
Thomas C. Palmer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ltem# l (0 AS
Agenda U.... .:l'l"""" I
Date ::...l...S2LU.!
~:~~d L\-~~
F: LIEN! MSTR RESOLUTION
16
AS,
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
CONDORI, FRANKLIN & HA YDEE
4560 15th Ave. SW
Naples, Fl. 34116
DATE:
REF. INV.# 2480
FOLIO #: 36304240006
LIEN NUMBER:
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, 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 20, and constituted a violation of county
regulations on December 4, 2003, 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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
16
AS 1
RESOLUTION NO. 2004- 127
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 21 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: CONDORI, FRANKLIN & HA YDEE
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, of
the public records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2477
FOLIO #: 36304280008
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
.....'''',,',\.\\\,
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Thomas . Palmer, ASSIstant County Attorney
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BOARD OF COUNTY COMMISSIONERS
::LLIER~O~:J~
Donna F ala, ChaIrman
Item # l (p PIS
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F: LIENI MSTR RESOLUTION
16 A5 1
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
CONDORI, FRANKLIN & HA YDEE
4560 15th Ave. SW
Naples, Fl. 34116
DATE:
REF. INV.# 2477
FOLIO #: 36304280008
LIEN NUMBER:
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, 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 21, and constituted a violation of county
regulations on December 4, 2003, 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 DOLLARS ($255.00).
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: L1ENS/ MSTR LNAL
RESOLUTION NO. 2004- 128
16 AS'
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 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: CONDORI, FRANKLIN & HAYDEE
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, of
the public records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2482
FOLIO #: 36304320007
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
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legal sufficlenc;y: .
Thomas ~er, r.~ty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
J~
BY:
Donna Fi la, Chairman
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F: LIENI MSTR RESOLUTION
16 AS,
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
CONDORI, FRANKLIN & HA YDEE
4560 15th Ave. SW
Naples, Fl. 34116
DATE:
REF. INV.# 2482
FOLIO #: 36304320007
LIEN NUMBER:
LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No.6,
according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, 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 22, and constituted a violation of county
regulations on December 4, 2003, 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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
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RESOLUTION NO. 2004- 129
16
AS
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 19 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:
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~ ...; NAME: HAMIL TON BAY DEV., LLC
LEGAL DESCRIPTION: Lot 19, Block 6, TRAIL ACRES, according to the plat thereof as
is ~ recorded in plat book 3, Page 50, public records of Collier County, Florida.
....
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COST: $255.00
REFERENCE#: 2468
FOLIO #: 77214760004
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~' FLORIDA
BY, ~ d-<t.'-
Donna Fiala, Chairman
ltem#\~
~~~;daY"21-()t.!
Date i 1_"'X'.r..l\1 L
Rec'd I~
F: LlEN/ MSTR RESOLUTION
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16 A5
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HAMIL TON BAY DEV., LLC
2430 Vanderbilt Bch. Rd., #108
Naples, Fl. 34110
DATE:
REF. INV.# 2468
FOLIO #: 77214760004
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 19, Block 6, TRAIL ACRES, according to the plat thereof as
recorded in plat book 3, Page 50, 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 19, and constituted a violation of county
regulations on October 27, 2003, 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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
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RESOLUTION NO. 2004- 130
16
AS
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 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: PERSECO CORP.
LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A".
COST: $300.00
REFERENCE#: 2475
FOLIO #: 36232120007
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA /
c:t~
~
BY:
Donna Fiala, Chairman
Item # \ if} ~.i~:
AgendaL\'" al154
Dale
Da~ L\-'2~-tH
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F: LIEN/ MSTR RESOLUTION
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16 AS
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
PERESECO CORP
1312 Chery St.
Ft. Myers FL 33918
DATE:
REF. INV.# 2475
FOLIO # 36232120007
LIEN NUMBER:
LEGAL DESCRIPTION: See attached Exhibit "A".
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 and constituted a violation of county regulations on
October 28, 2003, and ordered the abatement of a certain nuisance existing on the above property
prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is:
PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON-
PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of One Hundred ($100.00) Dollars plus an administrative cost of Two
Hundred ($200.00) dollars for a total of THREE HUNDRED DOLLARS ($300.00).
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
ttt OR: 3443 PG: 1175 ttt
EXHmIT A
16
AS
ALL THAT PART OF BLOCK 154, GOLDEN GATE CITY, UNIT 5,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,
PAGES 117 THROUGH 123, INCLUSNE, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
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COMMENCING AT THE CENTERLINE INTERSECTION OF HUNTER
BOULEVARD AND SANTABARBARA BOULEVARD AS SHOWN ON THE
SAID GOLDEN GATE CITY UNIT 5 PLAT; THENCE ALONG THE SAID
CENTERLINE OF SANTA BARBARA BOULEVARD NORTH 00 46' 57" WEST
300.00 FEET;
THENCE LEAVING SAID CENTERLINE OF SANTABARBARA
BOULEVARD NORTH 890 13' 03" EAST 53.00 FEET TO THE WEST LINE OF
BLOCK 154 OF SAID GOLDEN..GA:rE_CIfY UNIT 5 PLAT AND THE POINT
OF BEGINNING OF THE P~) CRIBED;
THENCE ALONG THE .wM-~-:NO .~ " 57" WEST 148.00 FEET;
THENCE NORTHEA rf&&tY 39.27 FEET AL ~ E ARC OF A CIRCULAR
CURVE CONCA V T 1i~-S T, V fJ A RADIUS OF 25.00
FEET, THROUGH NT EO 9000' ", BEING SUBTENDED
BY A CHORD IC '\ EA T 35.36 FEET TO THE
SOUTH RIGHT -0 - J' OtJT WEST;
THENCE ALONG RT 0 it 3" EAST 273.00 FEET;
THENCE LEAV \. SOUTH L . S, rl..::9 46' 57" EAST 210.00
FEET; 7: ." "1ft / p' 0
THENCE SOUTH 89~fi-.~" WE. ST 221..50 vF~. .;C' "
THENCE NORTH 00 4~ . . RQO~F~~>
THENCE SOUTH 890 13' 0 ~T fl~1.1t).~fiE'f TO THE WEST LINE OF SAID
BLOCK 154 AND THE POINT ~6INNING OF THE PARCEL HEREIN
DESCRIBED;
BEARINGS ARE BASED ON PLAT BOOK 5, PAGES 117 THROUGH 123,
INCLUSNE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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RESOLUTION NO. 2004- 131
16
AS
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 6 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: BARON, MIMON
LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the
Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County,
Florida.
....:0
.....
COST: $255.00
REFERENCE#: 2470
FOLIO #: 55200240000
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
l...
Item# I~ 'A~
Agenda '1'" 2.1-()L\
Date
Dete '-t ~z.)) -cLt
Rec'd
F: LIEN! MSTR RESOLUTION
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16 A5
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
BARON, MIMON
2375 Tamiami Trl N. STE 300
Naples, Fl. 34103-4439
DATE:
REF. INV.# 22470
FOLIO #: 55200240000
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the
Plat thereof as recorded in Plat Book 14, at Page 75, 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 6, and constituted a violation of county
regulations on November 26,2003, 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 DOLLARS ($255.00).
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
RESOLUTION NO. 2004- 132
16
A6
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 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:
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NAME: DELAROSA, SANDY L.
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LEGAL DESCRIPTION: Lot 8, Lake Trafford Estates, Unit No.1, according to the plat
thereof on file in the office of Clerk of the Circuit Court recorded in Plat Book 4, Page 82,
Public Records of Collier County, Florida
COST: $255.00
REFERENCE#: 2503
FOLIO #: 53450280003
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The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fi la, Chairman
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~ E ~Thoma C. almer, Assistant County Attorney
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DELAROSA, SANDY L.
1811 Leed St.
Immokalee, Fl. 34142
DATE:
REF. INV.# 2503
FOLIO #: 53450280003
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 8, Lake Trafford Estates, Unit No.1, according to the plat
thereof on me in the office of Clerk of the Circuit Court recorded in Plat Book 4, Page 82,
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 February 9, 2004, 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: LlENSI MSTR LNAL
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::: ~ Thomas C~lmer, ASSIstant County Attorney
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RESOLUTION NO. 2004-133
16
A6
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 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: EICHAKER, WILLIAM H. & A Y AKO
LEGAL DESCRIPTION: North 180' of Tract No. 28 GOLDEN GATE ESTATES Unit No. 12
according to the map of plat thereof recorded in Plat Book 4, Pages 105-106 of the Public
Records of Collier County, Florida.
COST: $500.00
REFERENCE#: 2500
FOLIO #: 37162080009
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
::LLIERC~::RI)~
Donna FI la, Chairman
F: LlEN/ MSTR RESOLUTION
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
EICHAKER, WILLLIAM H. & A Y AKO
4675 Painters St.
New Orleans, LA. 70122
DATE:
REF. INV.# 2500
FOLIO#: 37162080009
LIEN NUMBER:
LEGAL DESCRIPTION: North 180' of Tract No. 28 GOLDEN GATE ESTATES Unit No. 12
according to the map of plat thereof recorded in Plat Book 4, Pages 105-106 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, and constituted a violation of county regulations on
January 12, 2004, 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
. ,
nUlsance IS:
LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR
BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY.
You have failed to timely abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost of THREE-HUNDRED ($300.00) DOLLARS and an
administrative cost of Two-Hundred ($200.00) dollars for a total of FIVE-HUNDRED ($500.00)
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
RESOLUTION NO. 2004---L3-4
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
16
A6
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 RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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: MOBILE OIL CORP.
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LEGAL DESCRIPTION: The property located at 3777 Tamiami Tr. E., Naples, Florida, more
particularly described in Warranty Deed recorded at OR 1056, Page 0984, Official Records of
:=: Collier County, Florida.
....
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....
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COST: $255.00
REFERENCE#: 2469
FOLIO #: 00393560008
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:=: ::;- The County shall (by regular U.S. mail) mail a copy of this Resolution along with the
...0 g Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20)
C""""'> ~ :: days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
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C) ~ ~ Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
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8 g to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned
::g ~ ~ by the noted property owner(s) in Collier County.
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_ _ = ~ This Resolution passed and duly adopted by the Board of County Commissioners of
~ :;! ~ Collier County, Florida, this _ day of , 2004.
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~ ~ ~ ATTEST:
"'d1 :5 ~ DWIGHT~jBaOQ.~, Clerk
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~.... Thomas C. Palmer, Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:DonnaF~~ ~~
Item #
F: LlEN/ MSTR RESOLUTION
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
MOBIL OIL CORP.
PO Box 4973
Houston, TX. 77210
DATE:
REF. INV.# 2469
FOLIO#: 00393560008
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 3777 Tamiami Tr. E., Naples, Florida, more
particularly described in Warranty Deed recorded at OR 1056, Page 0984, Official 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, and constituted a violation of county regulations on
October 24, 2003, 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: LIENSI MSTR LNAL
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c::::::> tj :: This Resolution passed and duly adopted by the Board of County Commissioners of
~ iE ~ Collier County, Florida, this _ day of , 2004.
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B := ;; :::: Thomas C~Palmer, ssistant County Attorney
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RESOLUTION NO. 2004-135
16
A6
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 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: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
LEGAL DESCRIPTION: The property located at 272 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 862 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2438
FOLIO #: 0065274960005
The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
~d~
Chairman
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g~~d 4~~~ {)~
F: LIEN/ MSTR RESOLUTION
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2438
FOLIO #: 0065274960005
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 272 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 862 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
October 22, 2003, 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 DOLLARS ($255.00).
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
RESOLUTION NO. 2004-136
A6 ~
16
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 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:
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NAME: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
....
....
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LEGAL DESCRIPTION: The property located at 236 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 856 OR 508 PG 122 thereof recorded in
Public Records of Collier County, Florida.
~ COST: $255.00
BY;; :.L,(~ OJ
~ b_j~~... -ell' .
~ s 19ft atllr.:t : '(, ~
Q ~ Approved as to form and
a.: _
: ~ legal sufficiency: ~ ~
.. :; ~ morons Jbr, Assistant County Attorney
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REFERENCE#: 2439
FOLIO #: 0065274960005
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
" ~ ~~->:. . . . :".~ I',,,,~.
ATTEst:; '~~,~, ....,.
Dr~~1"B..a~oci<t, C~~~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ J-~
Donna Fi a, Chalfman
~.p,[~
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AgendlL\,.. a 1'C4-
Date
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F: LIEN/ MSTR RESOLUTION
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J
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2439
FOLIO #: 0065274960005
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 236 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 856 OR 508 PG 122 thereof recorded in
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
+:
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Director, did determine a public nuisance existed, and constituted a violation of county regulations on
October 01, 2003, 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
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. .
nUIsance IS:
WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED
OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES.
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You have failed to timely abate such nuisance; whereupon, it was abated by the
+:
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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 DOLLARS ($255.00).
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
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~ ~'-,.,I?::\VIGHJ E,.~OCK, Clerk
. =,r/',.,~ "-},~,:; '. .:,:)\....:.,..::~
:-: "BY.'~ ,--~ ;:', ' P(,
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.5 IS 5:: Thomas J. Palmer, Assistant County Attorney
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16 A6
RESOLUTION NO. 2004- 137
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
LEGAL DESCRIPTION: The property located at 259 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 859 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2435
FOLIO #: 0065274840002
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:DonnaF~~ )~
F: LIEN/ MSTR RESOLUTION
Item# \19A~
,l\gend3't dl~\
Date
Dat~ l\, ~ 1.:)t.\
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2435
FOLIO #: 0065274840002
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 259 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 859 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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 DOLLARS ($255.00).
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
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C> ~ ::.: This Resolution passed and duly adopted by the Board of County Commissioners of
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~ :: ~ Collier County, Florida, this day of , 2004.
~ OJ ~ ., \(,)J ~ eel',,, -
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C"""> ~. c.AlTi3S'f.'., . r,','..'1
~ ~ ::;oWf(JHT E. BI(Ott,; Clerk
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~ ~ Approved as to form and
:: legal sufficiency: b;
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.5 :: ~:: Thomas C. Palm~, ssistant County Attorney
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16 A6
RESOLUTION NO. 2004- 138
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
-
-
-
U
IlCl
-
LEGAL DESCRIPTION: The property located at 266 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 861 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2436
FOLIO #: 0065274920003
The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
BY: ~ ~&
Donna Fi la, Chairman
.OL,
s
Item # \ It> A ~
~~~;daL\.~ d,-oq
F: LIEN/ MSTR RESOLUTION
Date *,2..<::"'-4,,\1 I
Rec'd ~ v,
41Lu s);lOJ........ ,(.
Deputy ~k U
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2436
FOLIO #: 0065274920003
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 266 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 861 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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
. .
nmsance 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 DOLLARS ($255.00).
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: LIENSI MSTR LNAL
RESOLUTION NO. 2004- 139
16
A6
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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:
c:>
.....
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.....
NAME: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
-
-
-
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-
...:
LEGAL DESCRIPTION: The property located at 248 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 858 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida.
...."
-
~...:- COST: $255.00
C'"'o.Jt:
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c::> C ~ This Resolution passed and duly adopted by the Board of County Commissioners of
~ E ~ Collier County, Florida, this _ day of , 2004.
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~ c:... ',.} ...~"t'j',)....
m '0-1:5 A,,'T'T\ ES"""1,:' . . ~'(I "C.
~ ~ I')L~1 1'. . "-. \
~.~, ::bwr~T E.rBROcK, Clerk
8:;;:; . .g. .,t,. J ' . t "I
~ E.~. >rk~~ ~~ . (4(.
3";~,,:"..D~1' . c 'C 'S
co ~ '.1~"lign~~' Oftl.J.
~ - Approved( itg to form and
~ _ legal sufficiency: ~
.....<:...> ---
.. ~ ~ ~ , I),^^,
~ ;: e g;Thomast:. Palmer, ASSIstant County Attorney
ex: u ....... JW;I
REFERENCE#: 2434
FOLIO #: 0065274800000
The County 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
to the extent allowed by law, shall also be a lien upon all other real andlor personal property owned
by the noted property owner(s) in Collier County.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
d
Chairman
Item# \uAlp
Agendal I, a-,,^H
Date~
F: LIEN! MSTR RESOLUTION
~:~~d 4-~i)t..t
ltu..u . .(
Deputy Cle
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16
A6
.
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2434
FOLIO #: 0065274800000
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 248 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 858 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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 DOLLARS ($255.00).
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
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RESOLUTION NO. 2004-140
16
A6
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.
c:>
....,
c:>
-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
....
....
.....
u
....
....
LEGAL DESCRIPTION: The property located at 242 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 857 OR 508 PG 122 thereof recorded in
Public Records of Collier County, Florida.
COST: $255.00
REFERENCE#: 2433
FOLIO #: 0065274760001
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
,:-':t"", ",""
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ATTEST'.. ..'\"'. '*.."."':.' , ", t[J.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
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~ ~ 5::; Thomas C. a er, Assi tant County Attorney
ar:u......AQ
Item# \LR&
fl.genda 4'" ()..)~
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Deputy Clef
F: LIEN/ MSTR RESOLUTION
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2433
FOLIO #: 0065274760001
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 242 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 857 OR 508 PG 122 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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 DOLLARS ($255.00).
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
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C> t; :: This Resolution passed and duly adopted by the Board of County Commissioners of
~ ~ ~ Collier Count~", f.~orid~, this _ day of , 2004.
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RESOLUTION NO. 2004-l4L
16
A6
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.
c::>
.....
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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:
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NAME: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
....
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LEGAL DESCRIPTION: The property located at 280 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 863 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida
COST: $255.00
REFERENCE#: 2432
FOLIO #: 0065275000003
The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: tP D dk4~
Donna Fi la, ~~irman
Item # \ to A;tp
Agend~ \ ~ 6.1'biA
Date 1
~:~~ d L\-l1s1iQ
F: LIEN! MSTR RESOLUTION
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BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF.INV.# 2432
FOLIO #: 0065275000003
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 280 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 863 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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
. .
nmsance 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 DOLLARS ($255.00).
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
j'S~*~L
:! - Approved as to form and
o
:: legal sufficiency:
h;iE lb~ p~
.5 :; ~ e- Thomas t. Palmer, Assistant County Attorney
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RESOLUTION NO. 2004- 142
16
A6
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 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: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent)
LEGAL DESCRIPTION: The property located at 260 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 860 OR 508 PG 127 thereof recorded in
Public Records of Collier County, Florida
COST: $255.00
REFERENCE#: 2437
FOLIO #: 0065274880004
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier C~~~ Ff.~~~a" ~his _ day of , 2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: rfi'r%i~ d-~
Donna FI a, aIrman
. ....,.
ltem# \ ~ A ~~~:
Agenda Lj 'I / I
OaK,,' ,- 0. ') -(),
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F: LIEN! MSTR RESOLUTION
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16 A6
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
HORSE CREEK PARTNERS, LTD.
ALAN SCHIFFMAN (Reg. Agent)
1166 Dimock Ln.
Naples, Fl. 34110
DATE:
REF. INV.# 2437
FOLIO #: 0065274880004
LIEN NUMBER:
LEGAL DESCRIPTION: The property located at 260 Old Tamiami Tr., Naples, Florida, more
specifically described as: Palm River Est. Unit 2 Lot 860 OR 508 PG 127 thereof recorded in
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, and constituted a violation of county regulations on
September 24, 2003, 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: ACCUMULA TION 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 DOLLARS ($255.00).
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
This instrument prepared by:
Janet Powers, Operations Manager
Coile Enforcement
2800 N, Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
*** 3389156 OR: 3552 PG: 1811 ***
~; RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, 'L
04/29/2004 at 02:02PK DWIGHT B, BROCK, CLBRK
RBC FBB 6,00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
SATISFACTION OF LIEN
16A7
This is to certify that the claim of lien in the sum of Three Hundred Fifty Fi ve
Dollars and Fifty Cents ($355.50), arising out of the Code Enforcement Board Order
Imposing Fine/Lien dated October 30, 2003, a certified copy recorded in O.R. Book 3436,
Page 0886, 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 Robert Chipman has been satisfied in full.
The property located at 56 Clary Ct., Plantation Island, Collier County, Florida,
more particularly described as Lot 59, Plantation Island, described in a Quit Claim
Deed recorded at OR Book 3200, Page 2163, Official Records of Collier County,
Florida
Folio Number: 01205680004
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
Robert Chipman and consents to this lien being discharged of record.
day of
,2004.
Dated this
. I.., "",' h {~(.
J.J .,......
A TIEST:'~;;';',' . ~ "
DWidHf\E: 'aR6cK~ CI~rk
: _.' \t~; \ "'; '--_~
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BOARD OF COUNTY COMMISSIONERS
COILIE~UNTY' FLORIDA ~
By: ~ d~
DONNA F ALA, CHAIRMAN
Item# \~Al
~~~~da4- ~ l-o<{
Datf~ . I.- d.Y; t) t.f
Rec d I.
OL.
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
*** 3389157 OR: 3552 PG: 1812 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
04/29/2004 at 02:02PM DWIGHT B, BROCK, CLBRK
RBC PBB 6,00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 7240
SATISFACTION OF LIEN
16A7
This is to certify that the claim of lien in the sum of One Thousand One Hundred
Forty Seven Dollars and Twenty Five Cents ($1,147.25), arising out of the Code
Enforcement Board Order Imposing FinelLien dated January 27, 2004, a certified copy
recorded in O.R. Book 3495, Page 0794, 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 Norman E. and Patricia Kautsky,
Trust has been satisfied in full.
The property located at 9517 Tamiami Trail N., more specifically described as:
Naples Park Unit 5, Block 60, Lots 7-12, as per Plat thereof recorded in Plat Book
3, Page 14, Public Records of Collier County, Florida.
Folio Number: 62768920004
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
Norman E. and Patricia Kautsky, Trust and consents to this lien being discharged of
record.
Dated this
day of
,2004.
,. . ~O,\f\D c/
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BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA
)~
~:
By:
DONNA
Item# \~A- /
Agonda 4- d\ l1) t.\-
DaV;
Dale L..\ ~ ~~ -b Y.
Rec'd
1.,
*** 3389158 OR: 3552 PG: 1813 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/29/2004 at 02:02PK DWIGHT B. BROCK, CLBRK
RBC FBB 6,00
COPI16 }{7
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N, Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
Retn:
CLBRK TO THE BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
SATISFACTION OF LIEN
This is to certify that the claim of lien in the sum of Six Hundred and Seventy
Three Dollars and Seventy Five Cents ($673.75), arising out of the Code Enforcement
Board Order Imposing Fine/Lien dated October 1, 2003, a certified copy recorded in O.R.
Book 3420, Page 1732, 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 Carl E. and Linda M. Weber has been satisfied in full.
Lot 23, Bock Q, Unit No.2, Conner's Vanderbilt Beach Estates, according to the
plat thereof, recorded in Plat Book 3, Page 17, Public Records of Collier County,
Florida
Folio Number: 27589520000
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
Carl E and Linda M Weber, Trust and consents to this lien being discharged of record.
Dated this
day of
,2004.
b~:
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..' ,\:><:J~",.I; o~ "
ArTES J. ~ . . . .. . . . . :. 'c "
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.D WlGH=F-.E:-BfiGCK:. -e~erk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~d~
DONNA IALA, CHAIRMAN
\Attjst. a,.. ..
S igj(~,ure' on 1 J.'i,c.,
Fj'ffJ^ . S'(\ .
App
and
Item# \lo AI
,A,geilda Y,"'?l-D'-!
Date -
Dateu ~~...t>g
Eec'd l
*** 3389159 OR: 3552 PG: 1814 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIER COUNTY, PL
04/29/2004 at 02:02PM DWIGHT B. BROCK, CLBRK
RBC PBB 6,00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
SA TISF ACTION OF LIE~'lBROPPICB 41H PLOOR
ifr 7240
16A7
This is to certify that the claim of lien in the sum of Twenty Eight Thousand,
Eight Hundred Fifty Two Dollars and Eighty Five Cents ($28,852.85) arising out of the
Code Enforcement Board Order Imposing FinelLien dated January 28, 2003, and
modified by Code Enforcement Board Order on Respondent's Request for Waiver of
FinelLien dated January 23, 2003, waiving the fines but continuing the Order for
operational costs in the amount of Eight Hundred Fifty Two Dollars and Eighty Five
Cents ($852.85), recorded in O.R. Book 3208, Page 3101 et seq., of the Public Records of
Collier County, Florida, against the following described real property, and all real and
personal property, located in Collier County, owned by Gerald K. Davidson, has been
satisfied in full.
The real property located at 2181 Platt Road, Naples, Florida, described as the
West \Iz of the Northeast 'l4 of the Northwest 'l4 of the Southeast V4 of Section 25,
Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet
thereof reserved for road purposes.
Folio No. 00104440003
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all real and personal property owned by Gerald
K. Davidson, and consents to this lien being discharged of record.
Dated this
day of
,2004.
ATTE'ST(:~,::':_')', : BOARD OF COUNTY COMMISSIONERS
DWl,~~~.~E,~\,BR6,~\~I~~~k COLLIER C UNTY, FLORIDA
~.. rW'~~t~~~~,( ,BY:DONNA r:::~:airmi~
s i'Qn'ature . On 1 J .
Item# \ t~ ,AI
Agenda 4~ll-()4
D::ite
Date L\:--l<is-'1)4
Hec'd --
( ,
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
*** 3389160 OR: 3552 PG: 1815 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
04/29/2004 at 02:02PM DWIGHT B, BROCK, CLBRK
RBC PBB 6,00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH FLOOR
BIT 7240
SATISFACTION OF LIEN
16A7?
This is to certify that the claim of lien in the sum of Four Hundred Eighty Dollars
and Fifty Cents ($480.50), arising out of the Code Enforcement Board Order Imposing
Fine/Lien dated October 30, 2003, a certified copy recorded in O.R. Book 3436, Page
0889, 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 Robert Chipman has been satisfied in full.
The property located at 59 Clary Ct., Plantation Island, Collier County, Florida,
more particularly described as Lot 59, Plantation Island, described in a Quit Claim
Deed recorded at OR Book 3200, Page 2163, Official Records of Collier County,
Florida
Folio Number: 01211680001
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
Robert Chipman and consents to this lien being discharged of record.
Dated this
day of
,2004.
. ~)C',-\'i~fJ c/.."
ATTE~L."''''',,' ,
"'" . ' C"
DWRiJtI:.J1,-cBROCIC €Jerk
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.~~fVtt4-" J u r
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: I~ J~
DONNA ALA, CHAIRMAN
Item# \u, A 1
;~~~da Lt- z 1-04-
Dat~ '-r7.<i-n4-
Reed
,( ,
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N, Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
*** 3389161 OR: 3552 PG: 1816 ***
RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, PL
04/29/2004 at 02:02PM DWIGHT B. BROCK, CLBRK
RBC PBB 6.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH FLOOR
BXT 7240
16A7
SATISFACTION OF LIEN
This is to certify that the claim of lien in the sum of One Thousand Fifty Four
Dollars ($1,054.00), arising out of the Code Enforcement Board Order Imposing
Fine/Lien dated January 27, 2004, a certified copy recorded in O.R. Book 3495, Page
0773, 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 Aljo Inc. has been satisfied in full.
602 Finch Drive, Naples Florida, a condominium unit more particularly described
as Unit No. F-2, Phase II, of Diamond Shores, f/kla Woodlake, a Condominium,
as recorded in Condominium Book 26 at Page 98 of the Public Records of Collier
County, Florida.
Folio No. 29875103061
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
Aljo Inc., and consents to this lien being discharged of record.
Dated this
day of
,2004.
.~n (','
\ 'v -' ,
<~.~J ~ T'YEST;" '"
- '\'" .
, ,co ....DWICHIT.E. BROCK, Clerk
~:, t~";"~t~ .
~ ..~ ""
1(, By:
DONNA
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
~~
Item# \ ll' Al
. ':';~,~~'rla Lt-ll-oLt
2~t~ 4-I)rt~~
ht~cd
This instrument prepared by:
Janet Powers, Operations Manager
Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
SATISFACTION OF LIEN
*** 3389162 OR: 3552 PG: 1817 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/29/2004 at 02:02PM DWIGHT B, BROCK, CLBRK
RBC FEB 6.00
COPIBS 1.00
16A?
This is to certify that the claim of lien in the sum of One Thousand Thirty Four
Dollars ($1,034.00), arising out of the Code Enforcement Board Order Imposing
Fine/Lien dated January 27, 2004, a certified copy recorded in O.R. Book 3495, Page
0767, 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 Aljo Inc. has been satisfied in full.
309 Cereus Drive, Naples Florida, a condominium unit more particularly
described as Unit No. C-5, Phase I, of Diamond Shores, f/k/a Woodlake, a
Condominium, as recorded in Condominium Book 26 at Page 98 of the Public
Records of Collier County, Florida.
Folio No. 29875101747
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
Aljo Inc., and consents to this lien being discharged of record.
Dated this
day of
,2004.
,,'
.- .,' ?l!"'t.t.t:Cl\ () ,
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A~S:r:""""'" C',.
.6w0m:-\f:: BE:OCK:[;Clerk
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'" :. A..' '..:,' I)~' Clerk
, \ ~ttoQ~J. .as r,:L:lfIi nun' s
I" ~,~g;tl.lltu~\ tM 11-
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
~ d<f-~
.C, By:
DONNA ALA, CHAIRMAN
an
Item# \lqA- '1
. ;~...~;:.~d3 c..1 "71-0~
Date 4-1.~i)t..\-
Rec'd
~~~~' D.
Deputy rk
16A8i
This instrumented prepared by and returned to:
Howard S. Miller, Esquire
Ruden, McClosky, Smith, Schuster &
Russell, P,A,
150 Second Avenue South
1 ih Floor
St. Petersburg, Florida 33701
CONSTRUCTION, MAINTENANCE
AND EASEMENT AGREEMENT REGARDING LOOP ROAD
THIS CONSTRUCTION, MAINTENANCE AND EASEMENT AGREEMENT REGARDING LOOP
ROAD (this "Agreement") is made and entered into this -'-l- day of A ~'it\L , 2004, by and
among MARK L. LINDNER, trustee under unrecorded land trust, dated January 4, 1999 ("Lindner"),
whose address is 4980 Tamiami Trail North, Naples, Florida 34110, MARK L. LINDNER, trustee under
unrecorded land trust, dated May 21, 1999 ("Lindner Trustee"), whose address is 4980 Tamiami Trail
North, Naples, Florida 34110, BUCKSTONE ESTATES, LLC, a Florida limited liability company
("Buckstone") having an address of 3785 Airport Road North, Suite B-1, Naples, Florida 34105 and
CATALINA PLAZA, llC, a Florida limited liability company ("Catalina") having an address of 3785
Airport Road North, Suite B-1, Naples, Florida 34105 and DESTIN RETAil, INC., a Florida corporation
("Destin"), whose address is 5858 Central Avenue, St. Petersburg, Florida 33707. The term "Destin" as
used herein shall mean and refer to Destin Partnership #4, Ltd., a Florida limited partnership, to whom
Destin Retail, Inc, intends to assign the Mission Hills Parcel Contract (as defined below), from and after
the date of such assignment. This Agreement shall be binding upon the foregoing parties and their
respective devisees, personal representatives, successors, assigns, lessees and all other persons
acquiring any interest in any property described herein or any portion thereof, subject to the terms and
conditions hereof.
WITNESSETH:
WHEREAS, Lindner is the owner of that certain parcel of land located in Collier County, Florida
(the "County"), and more particularly described in Exhibit "A" attached hereto and made a part hereof
(the "Lindner Parcel"), which is under contract to be sold to Catalina;
WHEREAS, Buckstone is the owner of that certain parcel of land located in the County, and more
particularly described in Exhibit "B" attached hereto and made a part hereof (the "Buckstone Parcel"),
which parcel was purchased by Buckstone from Lindner Trustee;
WHEREAS, Destin is the contract purchaser of that certain parcel of land located in the County
and more particularly described in Exhibit "C" attached hereto and made a part hereof and which has
been rezoned as the Mission Hills PUD (the "Mission Hills Parcel"), Lindner, as seller, and Destin, as
purchaser and the prospective developer of the Mission Hills Parcel, entered into that certain Agreement
for Sale and Purchase (the "Mission Hills Parcel Contract"), dated February 8, 2002 (as same has been
amended), for the purchase of the Mission Hills Parcel by Destin, Buckstone and Catalina are not parties
to, and are not subject to the terms of, the Mission Hills Parcel Contract. A portion of the Mission Hills
Parcel located along Collier Boulevard may be conveyed to the County for right of way purposes (for
widening of Collier Boulevard), however, such conveyance will not affect the agreements set forth herein;
WHEREAS, pursuant to Section 9.12 of the Mission Hills Parcel Contract, Destin agreed to
construct a certain 2-lane loop road (and appurtenances thereto as required by applicable governmental
authority, including, without limitation, lighting) between Vanderbilt Beach Road and Collier Boulevard,
upon a portion of the Lindner Parcel, the Buckstone Parcel and the Mission Hills Parcel (collectively, the
"Loop Road"), subject to certain terms and conditions (including, without limitation, being reimbursed for
certain of the costs and expenses incurred in connection with such construction), The parties intend to
STP:304989: 19
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locate the Loop Road in the area more particularly shown on the parcel map (the "Parcel Map") attached
hereto as Exhibit "0" and made a part hereof, and the site plan (the "Site Plan") attached hereto as
Exhibit "E" and made a part hereof, and as legally described on Exhibit "F" attached hereto and made
a part hereof;
WHEREAS, the parties hereto desire to enter into this agreement in order to (i) set forth the
obligations of Destin in connection with construction and maintenance of the Loop Road; (ii) set forth the
parties' obligations with respect to the costs and expenses incurred in connection with the construction
and maintenance of the Loop Road; (iii) grant temporary construction and maintenance easements to
Destin in order to permit Destin to comply with its construction and maintenance obligations hereunder;
(iv) provide for the dedication of the Loop Road to the County; and (v) grant certain storm/surface water
drainage easements with respect to water draining from the Loop Road.
NOW, THEREFORE, in consideration of the mutual covenants, promises and benefits contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals and Definitions.
(a) The parties acknowledge that the recitals set forth above are true and correct
and are hereby made a part of this Agreement as if fully set forth herein.
(b) The owner of the Lindner Parcel, the owner of the Buckstone Parcel and the
owner of the Mission Hills Parcel (and Destin, during such time as it is the contract purchaser of
the Mission Hills Parcel or the owner of any portion thereof), and their successors and assigns,
are sometimes collectively referred to herein as the "Owners", and individually as an "Owner",
(c) The parties hereby acknowledge and agree that Catalina is executing this
Agreement for purposes of acknowledging this Agreement and the terms hereof, however, Catalina
shall have no rights or obligations hereunder unless and until Catalina closes on the purchase of all
or any portion of the Lindner Parcel. In the event that Catalina closes on the purchase of the
Lindner Parcel (or any portion thereof), then all references in this Agreement to "Lindner" shall be
interpreted to mean Catalina with respect to the Lindner Parcel (or portion thereof) purchased by
Catalina and Catalina agrees to comply with all of the terms and conditions of this Agreement.
Notwithstanding the foregoing, Lindner shall remain jointly and severally (with Catalina) liable and
obligated to comply with all of the terms, conditions and provisions of this Agreement that apply to
"Lindner" (including, without limitation, the payment of all sums required to be paid by "Lindner");
and if Catalina fails to comply with any of the terms, conditions and provisions of this Agreement,
Lindner shall be responsible for such compliance (and Lindner shall then have a claim directly
against Catalina with respect to such performance). Additionally, Lindner Trustee shall be jointly
and severally (with Buckstone) liable and obligated to comply with all of the terms, conditions and
provisions of this Agreement that apply to" Buckstone" (including, without limitation, the payment of
all sums required to be paid by " Buckstone"); and if Buckstone fails to comply with any of the
terms, conditions and provisions of this Agreement, Lindner Trustee shall be responsible for such
compliance (and Lindner Trustee shall then have a claim directly against Buckstone with respect to
such performance),
(d) All references to Destin, Lindner, Buckstone and/or Catalina shall also mean and
refer to the successors and assigns of each such party (provided, however, that if Destin closes
under the Mission Hills Parcel Contract on or before June 1, 2004 [or such later date as may be
agreed to by Destin and Lindner, and evidenced by an amendment to the Mission Hills Parcel
Contract], then even if Destin is not the ultimate owner of all of the Mission Hills Parcel, Destin
shall still be the developer of the Loop Road hereunder).
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2, Construction Obliqations.
(a) Destin shall cause the Loop Road to be designed, engineered and permitted
substantially as depicted on the Site Plan no later than June 1, 2004, and shall thereafter cause
the Loop Road to be constructed and installed in accordance and in compliance with all County
standards and requirements no later than May 1, 2005, As part of the construction of the Loop
Road, Destin shall install a twenty-four inch (24") underground drain pipe (the "Drain Pipe")
under a portion of the Loop Road, as shown on the final plans for the Loop Road, which shall
permit reasonable amounts of storm/surface water (subject to the terms and conditions hereof) to
drain from the Mission Hills Parcel through the Drain Pipe, to the Vanderbilt Beach Road right of
way, and for no other purpose (unless otherwise specifically set forth herein). The Drain Pipe
shall be included in the definition of "Loop Road" as such term is used herein, Upon completion
of the final plans and specifications for the Loop Road, and final approval of same by the County,
Destin shall furnish such final plans and specifications to the other Owners for such parties'
review and approval, which approval shall not be unreasonably withheld, delayed or conditioned.
Such plans shall show curb cuts between each Owner's parcel and the Loop Road. Such plans
shall also show a median break in the Loop Road, which shall be aligned with the curb cut from
the Loop Road to the Mission Hills Parcel at the driveway running north-south along the front of
the retail buildings within the shopping center to be developed by Destin thereon, If any Owner
fails to notify Destin in writing of their disapproval of such final plans and specifications within
fifteen (15) business days after receipt thereof, such plans and specifications shall be deemed to
have been approved by such party, Once the final plans and specifications have been approved,
Destin shall seek bids for the construction and installation of the Loop Road from not less than
three (3) qualified contractors (two of which the parties agree shall be Jensen Underground and
Bonness Inc.), When such bids are solicited by Destin, Destin shall notify the other Owners and
provide them with a copy of the request for bid, and a list of the contractors from whom bids are
being solicited, When bids are returned, Destin shall provide copies thereof to the other Owners,
In the event Destin selects any bidder other than the low bidder, Destin shall provide the other
Owners with its reason(s) for selecting the applicable bidder, and the other Owners shall have the
right of approval with regard thereto, which approval shall not be unreasonably withheld, delayed
or conditioned. If any party fails to notify Destin in writing of their disapproval of the selected
bidder within five (5) business days after receipt of notice thereof from Destin, such selection shall
be deemed to have been approved by such party, Notwithstanding anything to the contrary
contained herein, the other Owners shall have no right of approval if Destin selects the low
bidder.
(b) Within five (5) business days prior to the closing under the Mission Hills Parcel
Contract (the "Closing"): (i) Destin shall deliver to Lindner and Buckstone commercially
reasonable documentation which establishes the cost and expense incurred by Destin in
connection with the Loop Road as of such date (including, without limitation, all costs and
expenses incurred in connection with the design, engineering, permitting, construction and
installation of the Loop Road which has been completed as of such date and all recording and
filing fees, application fees and attorneys' costs and fees incurred as of such date [which
attorneys' fees and costs shall not exceed $15,000,00]) (collectively, the "Pre-Closing Costs");
and (ii) to the extent that the design, engineering, permitting, construction and installation has not
been completed, a copy of the form of construction contract for the completion of all uncompleted
items (including the cost for same) (the "Loop Road Construction Contract").
Contemporaneously with the Closing, Lindner and Buckstone shall each reimburse Destin in an
amount equal to each of its pro rata share of the Pre-Closing Costs, For all purposes of this
Agreement, Destin, Lindner and Buckstone's pro rata share shall be as follows: Lindner - 25%;
Buckstone - 25%; and Destin -50%. Additionally, contemporaneously with the Closing, Lindner,
Buckstone and Destin shall each deposit into escrow with an escrow agent and pursuant to an
escrow agreement (the "Escrow Agreement") mutually acceptable to Destin, Lindner and
Buckstone, an amount equal to one hundred ten percent (110%) of each of Lindner's,
Buckstone's and Destin's pro rata share of the cost of the work remaining to be completed with
respect to the Loop Road (including, without limitation, the cost of all work to be performed,
STP:304989: 19
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materials and equipment to be installed [including, without limitation, traffic lights and signage],
the costs to have the Loop Road dedicated to the County and all recording and filing fees,
application fees and attorneys' costs and fees) (collectively, the "Post Closing Costs"), If at any
time the escro\y account contains less than one hundred ten percent (110%) of the then
remaining Post Closing Costs, Lindner, Buckstone and Destin shall be obligated, within ten (10)
business days after receipt of notice from Destin, to deposit its pro rata share of an amount
sufficient to bring the escrow account back up to one hundred ten percent (110%) of the then
remaining Post Closing Costs (provided, however, that in the event that such deficiency is the
result of a party's failure to deposit into the escrow account amounts due by such party
hereunder, then only such defaulting party shall be responsible for depositing the deficiency into
the escrow account). The escrow account funds shall be disbursed by the escrow agent to
Destin for construction and dedication of the Loop Road (and for payment of Post Closing Costs),
either as a single disbursement upon completion of such work, or in draws as such work
progresses (at Destin's sole and exclusive option), upon request by Destin. In the event that
there remain excess funds in the escrow account after all work with respect to the Loop Road has
been completed, the Loop Road has been dedicated to the County (or the County has refused to
accept such dedication, and such refusal is deemed final) and the Post Closing Costs have been
paid, such excess shall be returned to Lindner, Buckstone and Destin based on their pro rata
shares,
(c) Prior to or contemporaneously with the Closing, the land upon which the Loop
Road is to be located shall be dedicated by the Owners by plat or conveyance to the County as a
public road, in accordance with the final plans and specifications (as set forth in (a) above) and all
County standards and requirements, Destin shall coordinate such dedication and shall prepare
the necessary documentation in connection therewith (including, without limitation, compiling [to
the extent reasonably practical] all information required by the County in connection therewith),
provided, however that (i) Lindner and Buckstone reimburse Destin their pro rata share of all
costs incurred in connection therewith (to the extent same have not been escrowed for
disbursement to Destin pursuant to the terms of (b)) above); and (ii) the other Owners cooperate
with Destin and the County in connection with such dedication, and provide all such information,
comply with all such requirements and execute all such documents as are required/imposed by
the County in connection therewith,
(d) Any change orders to the Loop Road Construction Contract with respect to the
construction of the Loop Road must be approved by Lindner, Buckstone and Destin (and, with
respect to any change order which affects the location of the Loop Road, access to the Loop
Road or its configuration, the owner of Tract 1 as shown on the Site Plan), Lindner, Buckstone
and Destin shall not: (i) unreasonably withhold, condition or delay their approval for any change
order; or (ii) disapprove any change order specifically required by the County or otherwise
necessary to comply with the requirements of the County or any other applicable governmental
agency for the Loop Road, In the event that Lindner, Buckstone and/or Destin neither approves
nor disapproves any change order within five (5) business days after the receipt of the proposed
change order, the proposed change order shall be deemed to have been approved by such
Owner.
3, Maintenance of the Loop Road. Except as otherwise provided below, Destin shall
maintain and repair, in keeping with all governmental permits and approvals, the Loop Road, until such
time as the Loop Road is dedicated to (and such dedication is accepted by) the County, and the County
accepts the Loop Road for maintenance, in accordance herewith, Lindner and Buckstone shall each be
obligated to reimburse Destin their pro rata share of the costs and expenses incurred by Destin in
connection with the maintenance and repair of the Loop Road (to the extent provided below), for so long
as Destin is obligated to maintain and repair same (or any portion of same) as provided herein, Lindner
and Buckstone shall deliver its pro rata share of such maintenance and repair costs to Destin within five
(5) business days of receipt of a bill therefore from Destin. Lindner, Buckstone and Destin's pro rata
share shall be as follows: Lindner - 25%; Buckstone - 25%; and Destin - 50%, In the event that the
Loop Road (including any of the appurtenances thereto, or any portion thereof) is not accepted by the
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County as a public road and/or for maintenance within one (1) year after the date of completion of the
Loop Road, then: (i) Destin shall no longer be responsible for maintenance or repair of the Loop Road; (ii)
the Owners shall create a property owner's association (in which the Owners, or their successors or
assigns [or, instead of Destin, the owner of Tract 1 as shown on the Site Plan, at Destin's option], shall be
members) (the "Loop Road POA"), which Loop Road POA shall be responsible for the continued
maintenance of the Loop Road (each Owner shall have an equal vote in the Loop Road POA); and (Hi)
the Owners, their successors and assigns, shall continue to pay their pro rata shares of maintenance and
repair costs with respect to the Loop Road as provided herein, to the Loop Road POA, indefinitely
(provided, however, that each Owner may assign its obligations for payment of such maintenance and
repair costs to a separate property owners association formed with respect to such Owner's parcel [or, at
Destin's option, Destin shall have the right to either assign such obligations to such a property owner's
association, or to the Owner of Tract 1 [as shown on the Site Plan]).
4. Temporary Access, Construction and Maintenance Easement.
(a) Lindner and Buckstone hereby grant, dedicate, convey and assign to Destin (and
its successors, assigns, agents, employees, contractors and subcontractors) a temporary
easement for access, ingress and egress over, through and upon the Loop Road and a twenty
foot (20') wide portion of each of the Lindner Parcel and the Buckstone Parcel, along the entire
portion of each such parcel that abuts the area in which the Loop Road will be constructed (as
shown on the Site Plan and the Parcel Map attached hereto), for purposes of construction of the
Loop Road.
(b) Lindner and Buckstone hereby grant, dedicate, convey and assign to Destin (and
its successors, assigns, agents, employees, contractors and subcontractors) an easement for
access, ingress and egress over, through and upon the Loop Road and a five foot (5') wide
portion of each of the Lindner Parcel and the Buckstone Parcel, along the entire portion of each
such parcel that abuts the area in which the Loop Road will be constructed (as shown on the Site
Plan and the Parcel Map attached hereto), for purposes of and performance of all maintenance
and repair responsibilities set forth herein.
(c) Destin, Lindner and Buckstone hereby grant, dedicate, convey and assign to the
Loop Road POA (and its successors, assigns, agents, employees, contractors and
subcontractors) an easement for access, ingress and egress over, through and upon the Loop
Road and a five foot (5') wide portion of each of the Mission Hills Parcel, the Lindner Parcel and
the Buckstone Parcel, along the entire portion of each such parcel that abuts the area in which
the Loop Road will be constructed (as shown on the Site Plan and the Parcel Map attached
hereto) for purposes of performing the maintenance and repair responsibilities set forth herein, to
the extent the Loop Road POA is formed for purposes of maintenance and repair of the Loop
Road as set forth in Section 3 above.
(d) The easements for access, ingress and egress over, through and upon the Loop
Road referenced in (a), (b) and (c) above, for construction of the Loop Road and the maintenance
and repair thereof, shall expire upon dedication of the Loop Road to the County and acceptance
of same by the County for maintenance. The easements for access, ingress and egress over,
through and upon the twenty foot (20') wide portion of the Lindner Parcel and the Buckstone
Parcel referenced in (a) above, for construction of the Loop Road, shall expire and terminate
upon the earlier to occur of (i) completion of the Loop Road (and issuance of a certificate of
completion by Collier County for same), or (ii) eighteen (18) months from the date hereof (subject
to extension for delays caused by strikes, lockouts, other labor difficulties, fire or other casualty,
unusual weather conditions or acts of God, war, terrorism, riot or insurrection, refusal or failure of
governmental authorities to grant necessary permits and approvals for the construction of the
Loop Road or other causes, other than financial, beyond Destin's reasonable control [collectively,
"Force Majeure"]), The easements for access, ingress and egress over, through and upon the
five foot (5') wide portion of the Mission Hills Parcel, the Lindner Parcel and/or the Buckstone
Parcel referenced in (b) and (c) above, for maintenance and repair of the Loop Road, shall expire
STP:304989:19
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and terminate upon the last to occur of: (i) completion of the Loop Road; (ii) dedication of the
Loop Road to the County (and acceptance thereof by the County); (iii) acceptance by the County
of the Loop Road for maintenance; and (iv) the opening of same for public use (in the event that
the County does not accept the Loop Road for maintenance, then the easement set forth above
with regard to maintenance and repair obligations hereunder shall not expire, and shall be
deemed a perpetual easement). Destin shall repair (or cause to be repaired) any damage to
such temporary easement areas caused by the acts of Destin or its agents, employees,
contractors or subcontractors in connection with construction of the Loop Road,
(e) In the event that the easements granted pursuant to this Section 4 are located on
a portion or portions of the Linder Parcel or the Buckstone Parcel that are required to be reserved
for conservation area as a condition to the issuance of permits and approvals for development of
(or plat approval for) either of such properties, and these easements therefore hinder Lindner or
Buckstone's ability to obtain such permits or approvals (or plat approval), Destin will cooperate
with Lindner and/or Buckstone, as applicable, and use commercially reasonable efforts (without
cost to Destin) to resolve the issue with the applicable governmental authority (and Destin shall
repair any damage to the easement area caused by its use thereof),
5. Temporary Inaress/Earess and Access Easement. Upon completion of the Loop Road,
Lindner, Buckstone and Destin hereby grant and convey, for the benefit of the public (including, without
limitation, the owners and occupants of each of the Lindner Parcel, the Buckstone Parcel and the Mission
Hills Parcel [and their respective successors, assigns, agents, employees, contractors, subcontractors,
invitees, licensees, tenants, customers and guests]), a non-exclusive easement ("Access Easement") for
vehicular and pedestrian ingress and egress purposes over, upon and across the Loop Road (to the
extent any portion of same is [or to be] located on such Owner's property), Such Access Easement shall
expire and terminate upon the dedication of the Loop Road to the County, In the event that the Loop
Road is not accepted by the County as a public road, the Access Easement will be deemed a perpetual
easement.
6. Perpetual Easement for Storm/Surface Water Drainaae throuah Mission Hills Parcel
Drainaae System, Destin hereby acknowledges that certain of the storm/surface water that collects with
respect to that portion of the Loop Road depicted (and labeled "Drainage Area") on Exhibit "G" attached
hereto and made a part hereof will be collected and piped into the Mission Hills Parcel Drainage System
(defined below), Destin hereby grants and conveys (without representation or warranty of any kind), for
the mutual benefit of the Owner(s) of the property upon which any portion of the Loop Road is [or is to be]
located (and their respective successors, assigns, agents, employees, contractors, subcontractors,
invitees, licensees, and guests), a perpetual non-exclusive easement through the water mains, drainage
pipes, conduits, water lines and storm/surface water management facilities (after same have been
completed) to be constructed by Destin (collectively, the "Mission Hills Parcel Drainage System") in
that certain area (the "Mission Hills Parcel Drainage Easement Area") more particularly depicted on
Exhibit "G" attached hereto (and labeled "Mission Hills Parcel Drainage Easement Area"), for
storm/surface water drainage from that portion of the Loop Road depicted on Exhibit "G" (and labeled
"Drainage Area") necessary to serve the reasonable storm/surface water drainage requirements of such
portion of the Loop Road (as required by the County permits and approvals for the Loop Road), subject to
the terms and conditions hereof, Destin shall maintain, repair and replace the Mission Hills Parcel
Drainage System. at its sole cost and expense, as needed to keep same in good repair and in operating
condition and to ensure that same is able to handle the reasonable storm/surface water flow that is
permitted to drain through such system as provided herein, The Owners (other than the Owner of the
Mission Hills Parcel) shall not be permitted to enter upon the Mission Hills Parcel or to alter, repair or
otherwise come in contact with the Mission Hills Parcel Drainage System,
The easements granted herein are only for purposes of permitting reasonable amounts of
storm/surface water (subject to the terms and conditions hereof) to drain from that portion of the Loop
Road depicted on Exhibit "G" (and labeled "Drainage Area"), through the Mission Hills Parcel Drainage
System, and for no other purpose. The Owners agree that the Mission Hills Parcel Drainage System shall
only be required to accept storm/surface water as set forth above provided that such storm/surface water
STP:304989: 19
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is capable of treatment to the water quality standards required by law, without modification to the Mission
Hills Parcel Drainage System, and provided that such storm/surface water discharge into the Mission Hills
Parcel Drainage System complies with all permits, laws, rules, regulations, codes, ordinances and orders
(including, without IimitC)tion, those relating to hazardous materials) of all governmental and quasi-
governmental entities having jurisdiction, The easements granted herein shall not be used for the release
of hazardous materials,
Destin hereby agrees to execute any additional reasonable and customary easement document
that may be required by the County (in connection with the dedication of the Loop Road), with respect to
the permitted storm/surface water drainage from the Loop Road through the Mission Hills Parcel
Drainage System, as provided herein.
The Owners hereby acknowledge and agree that all storm/surface water collected or otherwise
running over, under or across their respective properties described herein (except with respect to that
portion of the Loop Road located [or to be located] thereon) shall be retained on such respective
properties, or drained in accordance with governmental permits, and the Owners shall not drain
storm/surface water from their respective properties onto the Loop Road, and/or onto the properties
described herein of any of the other Owners (unless otherwise agreed to in writing between such Owners,
or any of them),
7, Easements for Storm/Surface Water DrainaQe over Lindner Parcel and Buckstone
Parcel. Lindner and Buckstone hereby acknowledge that certain of the storm/surface water that collects
with respect to that portion of the Loop Road depicted (and labeled "Drainage Area") on Exhibit "H"
attached hereto and made a part hereof will drain onto the Lindner Parcel and the Buckstone Parcel.
Lindner and Buckstone hereby grant and convey (without representation or warranty of any kind), for the
mutual benefit of the Owners of the property upon which any portion of the Loop Road is [or is to be]
located (and their respective successors, assigns, agents, employees, contractors, subcontractors,
invitees, licensees, and guests): (i) a temporary non-exclusive easement upon, over and across the
surface of the Lindner Parcel and the Buckstone Parcel (but excluding those areas from time to time
covered by improvements) for storm/surface water drainage from that portion of the Loop Road depicted
on Exhibit "H" (and labeled "Drainage Area") necessary to serve the reasonable storm/surface water
drainage requirements of such portion of the Loop Road (as required by the County permits and
approvals for the Loop Road), until such time as a certificate of completion has been issued by Collier
County for the infrastructure improvements on each such applicable parcel (including the storm/surface
water management facilities described in subsection (ii) below) and the storm/surface water management
facilities described in subsection (ii) below are fully operational. at which time the easement set forth in
this subsection (i) shall terminate with respect to each such applicable parcel; and (ii) a perpetual non-
exclusive easement through any storm/surface water mains, drainage pipes, conduits and lines and
storm/surface water management facilities, now existing or hereafter constructed, servicing the Lindner
Parcel and/or the Buckstone Parcel for storm/surface water drainage from that portion of the Loop Road
depicted on Exhibit "H" necessary to serve the reasonable storm/surface water drainage requirements of
such portion of the Loop Road (as required by the County permits and approvals for the Loop Road). In
the event that the Lindner Parcel and/or the Buckstone Parcel do not contain any surface water drainage
facilities, Lindner and Buckstone shall be responsible for developing a method for handling the
storm/surface water flow that is permitted to drain over the Linder Parcel and the Buckstone Parcel as
provided herein (such method must be in compliance with all permits, laws, rules regulations, codes,
ordinances and orders [including, without limitation, those relating to hazardous materials] of all
governmental and quasi-governmental entities having jurisdiction, and shall be in conformance with all
building permits obtained by Destin with respect to construction of the Loop Road). In the event that
there exists (or Lindner and/or Buckstone construct) any surface water drainage facilities servicing the
Lindner Parcel and/or the Buckstone Parcel (including storm/surface water mains, drainage pipes,
conduits and lines and storm/surface water management facilities), Lindner and Buckstone (as
applicable) shall maintain, repair and replace same, at its sole cost and expense, as needed to keep
same in good repair and in operating condition and to ensure that same are able to handle the
storm/surface water flow that is permitted to drain over the Linder Parcel and the Buckstone Parcel as
provided herein (and same must be in compliance with all permits, laws, rules regulations, codes,
STP:304989: 19
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ordinances and orders [including, without limitation, those relating to hazardous materials] of all
governmental and quasi-governmental entities having jurisdiction, and shall be in conformance with all
building permits obtained by Destin with respect to construction of the Loop Road), The easements
granted herein shall not ~e used for the release of hazardous materials.
The easements granted herein are only for purposes of permitting reasonable amounts of
storm/surface water (subject to the terms and conditions hereof) to drain from the portion of the Loop
Road depicted on Exhibit "H" (and labeled "Drainage Area"), over the Lindner Parcel and the Buckstone
Parcel and through the surface water drainage facilities located or to be located thereon, and for no other
purpose,
Lindner and Buckstone hereby agree to execute any additional reasonable and customary
easement document that may be required by the County (in connection with the dedication of the Loop
Road), with respect to the permitted storm/surface water drainage from the Loop Road through the
surface water drainage facilities located or to be located thereon, as provided herein,
8, Perpetual Drainaqe Easement throuqh Drain Pipe. The Owners of that portion of the
Mission Hills Parcel and that portion of the Lindner Parcel upon which the Loop Road is [or is to be]
located hereby grant to the Owner of the Mission Hills Parcel a non-exclusive easement for the drainage
from the Mission Hills Parcel, through the Drain Pipe, to the canal located in the Vanderbilt Beach Road
right of way. The Owners of that portion of the Mission Hills Parcel and that portion of the Lindner Parcel
upon which the Loop Road is [or is to be] located hereby agree that the foregoing easement shall also
apply with respect to any other property that is required by SFWMD, the County and/or any other
governmental authority, to drain through the Drain Pipe to the canal located in the Vanderbilt Beach Road
right of way,
9. Use of Easements. The easement rights granted herein shall be exercised in a
reasonable manner, and in such manner as similar grantees use substantially similar easements granted
with respect to substantially similar property.
10. Reservation of Riqhts, The Owners and their successors and assigns shall have the right
to use their respective property for any lawful purpose (subject to the terms hereof) provided their use of
such property does not unreasonably interfere with the rights granted hereunder. The Owners reserve
the right to grant easements to third parties over their respective property for any lawful purpose provided
such easements do not unreasonably interfere with the rights granted hereunder.
11. Default. In the event any Owner breaches any of its covenants, obligations promises or
requirements set forth in this Agreement, the other Owners shall be entitled to pursue and enforce all
remedies or rights specified in this Agreement or that may otherwise be available at law or in equity,
including, but not limited to, specific performance, In the event of any violation or threatened violation by
an Owner described herein of any of the terms, covenants and conditions of this Agreement, the other
Owners shall have the right, but not the obligation, to enjoin such violation or threatened violation in a
court of competent jurisdiction in Collier County, Florida. The right of injunction shall be in addition to any
and all other remedies under statute, at law or in equity or under this Agreement, including, without
limitation, specifiC performance of this Agreement.
12. Failure of Owners to Pay Amounts Due Hereunder. The Owners hereby agree that the
obligation of each Owner to pay their pro rata share of the initial costs and expenses for construction of
the Loop Road hereunder may be secured by a lien against each such Owner's parcel described herein in
favor of the Owner(s) to whom such payments are due, If an Owner obligated to contribute hereunder
fails to do so, the Owner(s) to whom such payments are due may record the lien against the defaulting
Owner's parcel. Any such lien shall bear interest at the statutory rate applicable to judgments in the State
of Florida, and shall have priority as of the date of recording and shall be paramount and superior to the
lien of all subsequent mortgages and other liens. If the lien has not been satisfied within two (2) years
after recording of same, the lien may thereafter be foreclosed by the Owner that filed such lien in the
appropriate court of the County in the same manner as a mortgage is foreclosed and the prevailing party
STP:304989:19
8
16A8
in any such action shall be entitled to reimbursement for all reasonable attorneys' fees and costs incurred
in connection therewith,
Notwithstanding, the foregoing, the liens authorized hereby shall be subordinate to all liens
(including mortgages) recorded prior to the date of recordation of any notice of lien hereunder.
13, Zoninq Applications, Each of the parties hereto has applied to, is in the process of
applying to or has received zoning approval from Collier County and/or other applicable governmental
authorities, in connection with the development of each party's respective property as described herein.
Such applications/approvals are identified as follows: (i) for Destin: Mission Hills PUD No. PUDZ-2001-
AR-1749; (ii) for Lindner: Catalina Plaza, 15.9 Acres, Comprehensive Plan Amendment No. CP-2003-1;
and (iii) for Buckstone: AR #955 for Wolf Creek PUD (collectively, the "Applications"). Each of the
parties hereto agrees that it shall not contest or otherwise attempt to interfere with any of the Applications
(or any minor modifications thereof) or with subsequent applications for approvals required to complete
vertical construction of the improvements applied for (provided that the subsequent approvals applied for
are consistent with the original approvals), Notwithstanding the foregoing, nothing contained herein shall
be deemed to prohibit any party from objecting to subsequent applications (except as specifically set forth
above) and/or attempts at future rezoning of any property,
14, Notice, Any notices which may be permitted or required hereunder shall be in writing and
shall be deemed to have been duly given as of the date and time the same are personally delivered, or
when deposited with the United States Postal Service, postage prepaid by registered or certified mall, or
within one (1) business day after being deposited with a nationally recognized overnight courier service,
and addressed as follows:
If to Lindner or
Lindner Trustee:
4980 Tamiami Trail North
Naples, Florida 34110
Attention: Mark L. Lindner
Telephone: (239) 213-2686
Telecopier: (239) 434-2747
If to Buckstone or
Catalina:
3785 Airport Road North, Suite B-1
Naples, Florida 34105
Attention: William L. Hoover
Telephone: (239) 4038899
Telecopier: (239) 403 9009
If to Destin:
5858 Central Avenue
St. Petersburg, Florida 33707
Attention: Joseph A. Filippelli
Telephone: (727) 384-6000
Telecopier: (727) 345-4937
With a copy to:
Ruden, McClosky, Smith, Schuster & Russell, PA
150 Second Avenue North, Suite 1700
St. Petersburg, Florida 33701
Attention: Howard S, Miller, Esquire
Telephone: (727) 502-8204
Telecopier: (727) 502-8904
or to such other address any Owner shall specify in writing from time to time to the other Owners,
STP:304989: 19
9
16A8
15, Use of Loop Road, The easements granted in Section 5 hereof over the Loop Road shall
be used in compliance with all applicable federal, state, and local governmental statutes, laws, rules,
regulations, and ordinances, and each Owner and other party entitled to such easements shall refrain
from exercising any rights or obligations granted to such party hereunder or in any amendment hereto in
such a way as to impair or impede the use of such easements over the Loop Road by any other party, All
easement rights granted in this Agreement shall be exercised at all times in a reasonable manner and in
compliance with all applicable federal, state, and local governmental statutes, laws, rules, regulations,
and ordinances, If the grantee of any easement rights, or the agents, employees, contractors, customers
or invitees of any such grantee disrupts or interferes with the use of the easement rights granted to any
other party or person or entity permitted access to the Loop Road pursuant to this Agreement, such
grantee shall immediately cease or cause the cessation of the same.
16, Aoreement to be Held in Escrow. Notwithstanding anything to the contrary contained
herein, the Owners acknowledge and agree that this Agreement shall be executed and held in escrow (by
the escrow agent under the Escrow Agreement) pending the closing by Destin on the purchase of the
Mission Hills Parcel pursuant the Mission Hills Parcel Contract. In the event Destin closes on the
purchase of the Mission Hills Parcel pursuant to the Mission Hills Parcel Contract on or before June 1,
2004 (or such later date as may be agreed to by Destin and Lindner, and evidenced by an amendment to
the Mission Hills Parcel Contract), then Destin shall record this Agreement contemporaneously with the
closing, and this Agreement shall be effective as of said date, In the event that Destin shall fail, for any
reason, to close on the purchase of the Mission Hills Parcel pursuant to the Mission Hills Parcel Contract
on or before June 1, 2004 (or such later date as may be agreed to by Destin and Lindner, and evidenced
by an amendment to the Mission Hills Parcel Contract), this Agreement shall be deemed void and of no
further force or effect and each party may require that their original signature page be returned to them,
17, Authoritv. Each Owner represents and warrants to the other Owners that they have full
power and authority to enter into this Agreement and to grant the easements contained herein, Each
Owner shall obtain and attach as an Exhibit to this Agreement, the consent of its mortgagee or other
lienor to the easements granted herein (if any).
18, Indemnification, The grantees of the easement rights granted herein shall exercise their
privileges hereunder at their sole risk and shall indemnify and save harmless the other parties hereto from
and against all damage, liability, loss, cost or expense including, but not limited to, all attorneys' fees
through all trial and appellate levels which may be sustained by such parties as a result of the acts or
omissions of any such grantees, and from all damage to lands adjacent to the Loop Road and any
improvements located thereon resulting from the acts or omissions of such grantees and/or their use
thereof pursuant to this Agreement.
19, Bindino Effect. The easements, prOVIsions, agreements, rights, powers, covenants,
conditions and obligations contained in this Agreement shall be binding upon the Owners, their respective
devisees, personal representatives, successors, assigns, lessees and all other persons acquiring any
interest in any property described herein or any portion thereof, whether by operation of law or in any
manner whatsoever, and shall inure to the benefit of the owners of such properties and their respective
heirs, successors, assigns, lessees and all other persons claiming by, through, or under them, All of the
provisions of this Agreement shall constitute covenants running with the land pursuant to Florida law.
The easements granted herein are non-exclusive and the grantors shall have the right to grant additional
and further easements over any portion of the Loop Road which is located on their respective parcels,
provided, that they do not interfere with the easements granted herein.
20, Waiver: Modification. The failure by any party to insist upon or enforce any of its rights
shall not constitute a waiver thereof and nothing shall constitute a waiver of any party's right to insist upon
strict compliance with the terms of this Agreement. Any party may waive the benefit of any provision or
condition for its benefit which is contained herein, No oral modification of this Agreement shall be binding
upon the Owners and any modification must be in writing and signed by the Owners.
STP:304989: 19
10
16A8
21, Governinq Law, This Agreement shall be governed by and construed under the laws of
the State of Florida, Venue with respect to any litigation shall be Collier County, Florida,
22, Headinqs, The paragraph headings set forth in this Agreement are for convenience of
reference only and shall not be deemed to vary the content or this Agreement or limit the provisions or
scope of any paragraph herein.
23, Attorneys' Fees, In the event that it becomes necessary for any party to bring suit to
enforce the terms of this Agreement, then the prevailing party(ies) shall be entitled to recover all costs,
including reasonable attorneys' fees incurred in connection with such litigation (including appellate
proceedings) against the non-prevailing party.
24, Construction, Each party hereto hereby acknowledges that all parties hereto participated
equally in the drafting of this Agreement and that, accordingly, no court construing this Agreement shall
construe it more stringently against one party than the other.
25, Time. Time is of the essence of this Agreement and of the covenants and provisions
hereof.
26, Severability, If any provision of this Agreement or the application thereof to any person
or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the
application of such provisions to other persons or circumstances shall not be affected thereby and shall
be enforced to the greatest extent permitted by law,
27, Counterpart Execution. This Agreement may be executed in counterparts, each of which
shall constitute an original, but all taken together shall constitute one and the same Agreement.
28. Effect of Dedication, In the event that the Loop Road is dedicated and/or conveyed to the
County as contemplated herein (whether before or after the effective date hereof, and regardless of
whether or not the County subsequently accepts the Loop Road for maintenance), then upon such
dedication/conveyance: (i) the temporary access, construction and maintenance easement over the Loop
Road only, granted pursuant to Section 4, shall no longer be necessary; (ii) the Access Easement over
the Loop Road granted pursuant to Section 5 hereof shall no longer be necessary; (iii) the drainage
easements granted pursuant to Sections 6 and 7 hereof shall automatically become easements for the
benefit of the County only (and the parties agree, at the request of the County, to execute and record a
document, in form and substance acceptable to the County, acknowledging same); and (iv) the perpetual
drainage easement through the Drain Pipe granted pursuant to Section 8 shall no longer be necessary,
because upon such dedication/conveyance, the Loop Road will become a public right of way, In the
event that the Loop Road is dedicated and/or conveyed to the County as contemplated herein and the
County accepts the Loop Road for maintenance, then upon such acceptance by the County, the
easement granted to Destin and the Loop Road POA over the Loop Road for maintenance and repair
purposes, as set forth in Section 4 above, shall no longer be necessary,
29, Mission Hills Parcel Contract. In the event that there are any inconsistencies between
the terms of this Agreement, and the terms of the Mission Hills Parcel Contract regarding the construction
and maintenance of the Loop Road (including, without limitation, terms contained in the Mission Hills
Parcel Contract that refer to items required to be contained in the Agreement), the terms of this
Agreement shall control.
30, Acceptance bv the County, In light of the fact that the area in which the Loop Road is to
be located will be conveyed/dedicated to the County as set forth herein, the County has executed this
instrument for the following purposes only: (i) the County hereby consents to the easement for access,
ingress and egress over, through and upon the Loop Road, as granted pursuant to Section 4 hereof, for
purposes of construction, maintenance and repair of the Loop Road; (ii) the County hereby consents to
the drainage easement set forth in Section 8 hereof; and (iii) the County acknowledges that the drainage
STP:304989: 19
11
16A8
.~
easements set forth in Sections 6 and 7 hereof, with regard to storm/surface water drainage from the
Loop Road, benefit the County (in addition to the other parties hereto as set forth in such Section), By
execution of the Agreement, the County shall not be deemed to have accepted any obligation hereunder
(including, without limit<;ltion, payment obligations), except as specifically set forth in this Section 30,
Additionally, the provisions of Sections 9, 10, 15 and 18 shall inure to the benefit of the County (in
addition to the parties hereto).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
STATE OF fij'ti::IDA-
COUNTY OF U::-~
,(-Ih
The foregoing instrument was acknowledged before me this L.!l <fay of May, 2004, by MARK L.
LINDNER, trustee under (i) unrecorded land trust, dated January 4, 199~d (ii) unrecorded land trust,
dated May 21, 1999, who is either [CHECK WHERE APPLICABLE] personally known to me, or
_ has produced a driver's license as ide ification, '
~ /'
1/~-(\I,'
,Print me: E8 ') {I
N T ARY PUBLIC
My Commission Expires:
(Notarial Seal)
( !I.~' ~ DEBORAH K. LEWIS
~ ~~~ MY COMMISSION # DO 249,673
;', ;~.,\"i eXPIRES: December 11(~a
\ J: ~, _I ',. -;-;f1Y FI. NcJl8/Y ()isCOUIlI ASSOC. .
M~LL
MARK L. LINDNER, trustee under
unrecorded land trust, dated January 4, 1999
11~ !~L
MARK L. LINDNER, trustee under
unrecorded land trust, dated May 21, 1999
-
, .l.L- 'k::;
res continued on following page)
...........---..-......-...
STP:304989: 19
12
16AS
(BUCKSTONE ESTATES, LLC AND CATALINA PLAZA, LLC
SIGNA TURE PAGE TO CONSTRUCTION, MAINTENANCE AND EASEMENT
AGREEMENT REGARDING LOOP ROAD)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me thisoZ/ day of May, 2004, by William L.
Hoover, President of Catalina Land Group, Inc" a Florida corporation, as Manager of BUCKSTONE
ESTATES, LLC, a Florida~ability company, on behalf uch entity, who is either [CHECK
WHERE APPLlCABL t wn to me, _ as produced driver's
license as identificatio i'ft':I""~f~< VICKI GROTHER
~: :*= MY COMMISSION # DD 170076
~.;.......~~f EXPIRES: January 19, 2007 Print Name: ~
',Rf..ft"" Bonded Thru Notary PutMic Underwriters
NOTARY PUB IC
(Notarial Seal) My Commission Expires:
ST ATE OF heY lCi // /.:r
COUNTY OF ~, i-L-tt(/v
The foregoing instrument was acknowledged before me this :::2.ftiay May, 2004, by William L.
Hoover, President of Catalina Land Group, Inc" a Florida corporation, as Manager of CATALINA PLAZA,
LLC, a Florida limited liability company, on behalf of such ity, who is either [CHECK WHERE
APPLICABLE] ~rsonally known to me, or _ has . rodu ed a' driver's license as
identification, . /J
- c....--r.:..A
Print Name: /
NOTARY PU C
My Commission Expires:
<E .
(Notarial Seal)
,,!~~"l't,
""',0:&",,' ri',~~,.
'" ";!I'
~...! . ~*i
~'..' i/
~..:r,I!'~'ft.~
filII""
. VICKI GROTHER
MY COMMISSION # DD 170076
EXPIRES' Janua 19
BrMed 1nru N~12ry pry, 2007
UOllc Underwriters
STP:304989: 19
BUCKSTONE ESTATES, LLC,
a Florida limited liability company
By: Catalina Land Group, Inc.,
a Florida corporation, its Manager
BY~~_
William L. Hoover
President
CATALINA PLAZA, LLC,
a Florida limited liability company
By:
Catalina Land Group, Inc.,
a Florida corporation, its Manager
By: 7t)~ 7 ~
William L. Hoover
President
,
13
16A8
'~
(DESTIN RETAIL, INC, SIGNA TURE PAGE TO CONSTRUCTION, MAINTENANCE
AND EASEMENT AGREEMENT REGARDING LOOP ROAD)
ST OF FLORI~ ' .
COUNTY OF ,. JI ~J L (l-'s
DESTIN RETAil, INC.,
a Florida corporation
By tf~
Name: "'{IS, N;) ,~. f.., J,.::t ( I ( I:
T' I -H' d J
Ite: ,'T:' ~ ~ t i'--c...
The("fC?regoing instrument w~s acknowledged before me this /7T)day ?f May, 20~4, by
,J:& rJi 4 h/d'JP c I ( ~ as f"'h.~ ;:,... d ~ ~i--t of DESTIN RETAil, INC. a Florida corporation, on
bet{alf of suct{ entity, who is either [CHECK WHERE APPLICABLE] Dersonally known to me, or
_ has produced a driver's license as identification,
jJ /), -a{ -T).' n
._~,.1A_~'" /{ .( ..~- / - . L....:--<] P-." ^~____ . ..
Print Name:
NOTARY PUBLIC Sharon M. Vlzancfirnl
My Commission Expires: ( D / 2. ( 10';
, I
:-~\-:;'~'f~'t.'. Sharon M. Vizandiou
~.(f~"'/i MY COMMISSION If 00066046 EXPIRES
(N t I S I) "~;'-~'$':.: October 21, 2005
o aria ea "!,f,iif;,i~'t.. aONDEO THR'J TROYFAIN INSURANClINC
STP:304989:19
14
16A8
(COLLIER COUNTY SIGNA TURE PAGE TO CONSTRUCTION, MAINTENANCE
AND EASEMENT AGREEMENT REGARDING LOOP ROAD)
AGREED TO AND ACCEPTED BY COLLIER
COUNTY FOR THE PURPOSES SET FORTH
IN SECTION 30 HEREOF ONLY:
ATTEST:
DWIGHT E. ,~,~~~~'g~lG~!\
~i;j/' ~:""""":"0.' >
BY:"~ 4.f1IPigf- t. .'~C:., .
" ',: . ...." \." "., . -~ . -- . Deputy Clerk
...'_, ~ ':.'. '. I.;~' ~ ...~; .,
Muit.?~.. J~~i~~.(i7/
. ~. \00 a,IJ~' ..~.
s 1 gnahrti',i'-p,.l II. _....~,-;;,....-
", '~A-' -4..... \':'''''J. ~\~
". ". SU""\l";; "
", 'I ~~~, "",\\'
~ I , '.. II II' ,
Awroved as to form & 1ega' sufflolency
STP:3049B9: 19
By:
Name:
Title:
Item# 1/0 A B
Agenda y -~l-D+
Date -
Date ~.'" L.Oq. ~
Rec'd ~--
1!1 dn)
'uty Clerk ~
15
EXHIBIT A
16A8
LEGAL DESCRIPTION -LINDNER PARCEL
A tract or parcel of land located in the S 1/2 of the SE 1/4 of the SE 1/4 of Section 34, Township
48 South, Range 26 East, Collier County, Florida, and more particularly described as follows:
Commencing at the Southeast corner of said Section 34 run N 01026'37" W along the Easterly
right-of-way of State Road 951 and the Easterly line of said Section 34 for 145.13 feet; thence run
N 88055'54" W for 100.09 feet to the Westerly right-of-way of said State Road 951 and the
Northerly right-of-way of Vanderbilt Road; thence run N 88055'54" W along said Northerly right-of-
way for 665.33 feet to the Point of Beginning of the lands herein described; thence continue N
88055'54" W along said right-of-way for 665.67 feet; thence run N 01026'38" W for 523.86 feet to
the Northerly line of said S 1/2 of the SE 1/4 of the SE 1/4 of said Section 34, thence run S
88057'19" E along said fractional line for 665.66 feet; thence run S 01026'39" E for 524.14 feet to
the Point of Beginning.
AND
A tract or parcel of land located in the South one-half (S 1/2) of the Southeast quarter (SE 1/4) of
the Southeast quarter (SE 1/4) of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, and more particularly described as follows:
Commencing at the Southeast corner of said Section 34 run North 01026'37" West along the
Easterly right-of-way of State Road 951 and the Easterly line of said Section 34 for 145.13 feet,
thence run North 88055'54" West for 100.09 feet to the Westerly right-of-way of said State Road
951 and the Northerly right-of-way of Vanderbilt Road and the point of beginning of the lands
herein described.
Thence run North 88055'54" West along said Northerly right-of-way for 665.15 feet; thence run
North 01026'37" West for 524.28 feet to the Northerly line of said South one-half (S 1/2) of the
Southeast one-quarter (SE 1/4) of the Southeast quarter (SE 1/4) of said Section 34; thence run
South 88057'19" East along said fractional line for 665.14 feet to the Westerly right-of-way of
State Road 951; thence run South 01026'37" East along said Westerly right-of-way for 524.55 feet
to the Point of Beginning. Containing 8.0 acres. Bearings based on the North right-of-way of
Vanderbilt Road being assumed North 88055'54" West.
AND
The North one-half of the Southeast one-quarter of the Southeast one-quarter of Section 34,
Township 48 South, Range 26 East; less and except the East 100 feet thereof, Public Records of
Collier County, Florida.
AND
A portion of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 34, Township 48
South, Range 26 East, Collier County, Florida, being more particularly described as follows:
STP:3049B9:19
16
16AS
Commence at the Southeast Corner of Section 34, Township 48 South, Range 26 East, Collier
County, Florida; thence north 88059'06" West, along the south line of the Southeast 1/4 of said
Section 34, a distance of 2,096.56 feet; thence North 01028'07" West, a distance of 145.00 feet to
a point on the northerly right-of-way line of Vanderbilt Road, the same being the point of
beginning of the parcel of land herein described; thence departing from said northerly right-of-way
line, continue North 01028'07" West, a distance of 523.75 feet; thence South 89000'49" East, a
distance of 665.64 feet; thence South 01028'07" East, a distance of 524.05 feet to a point on the
northerly right-of-way line of said Vanderbilt Road; thence North 88059'06" West, along said
northerly right-of-way line, a distance of 665.65 feet to the point of beginning.
LESS AND EXCEPT:
The Mission Hills Parcel, as legally described in Exhibit C attached hereto.
STP:3049B9: 19
17
EXHIBIT B
16A8
LEGAL DESCRIPTION - BUCKSTONE PARCEL
The North one-half of the Southwest one-quarter of the Southeast one-quarter of Section 34, Township
48 South, Range 26 East, Collier County, Florida.
STP:3049B9:19
18
:f
'J
RHODES & !-ODES LAND SVRvLG. iNe.
JOHN seorl' RBODES,P.B.JI. THOMAS .E. RHODBS, pSJ4.
lHO MlL.B:BAD BLVD. 'J NAPLBS. F.LOJUDA NUl
PHONE (%39) 113-0$70 FAX. (S3fI) UU5lJ1
16A.8.
M i ~~\O(\ \-\: \ I~ ?Q.((cl
PRO~ERTY DESCRIPTION
THE SOUTHEAST 1/4 OF THE SOCTHEAST 1/4 OF SECTlpN 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST; SUBJECT TO A 100 rooT RIGHT-OF-WAY ALONG THE EASTERLY SOtJNDARY
THEREOF (S.R. 951) AND A 145 FOOT RI'GHT-oF-WAY, (VANDERBI1.T ROADl AlDNG .~BE
SOU!HERLY BOUNDARY THEREOF, BEING MORE P~TICOLARLY DESCRIBED AS FOLLOWS:
COMMENCE AT TijE SOUTH&AST CORNER OF SEC'l'ION 34, TOWNSHIP 48 SOOTH, :RANGE 26
EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 88059'06" WEST, ALONG THE SOOTH
LINE OF THE SOOTHEAST 1/4 or SAID SEG'l"ION 34, A DISTANCE OF 1,322.15 FEET TO
THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
34; THENCE NORTH 01027'18- WEST, ALONG THE WEST U%NE OF THE SOUTHEAST 1/4 OF
THE SOUTH&A5T 1/4 OF SAID SECTION 34, A DISTANCE OF 145.13 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT ROAD, THE SAME BEING THE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE DEPARTING FROM
SAID NORTHERLY RIGHT-OF-WAY LINE, CONTINUE NORTH 01027 'le~ WE~T, AIQNG THE
WEST LINE OF THE. SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A
DISTANCE OF 1192.9E FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 34; THENCE SOUTH 89.01'56" EAST, ALONG THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A DISTANCE
or 1221. E9 FEET TO A POINT ON THE WESTERLY RIGHT-Or-WAY LINE OF STATE mAD
4951 (ALSO KNOWN AS COLLIER BOULEVARD); THENCE SOUTH 01028'07" EAST, ALONG THE
WESTERLY RIGHT-or-WAY LINE OF SAID STATE ROAD 1951, A DISTANCE OF 1193.98 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT ROAD; THENCE
NORTH 88059' 06" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF
1222.02 FEET TO THE POINT OF BEGINNING.
CONTAINING 33.4 ACRES, MORE OR LESS.
SUBJECT TO tASEMEN,\S, RESTRICTIONS AND/OR RESERVATIONS OF RECORD. .
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOCTHEAST 1/4 OF SECTION
34 AS BEING NORTH 88.59'06" WEST (ASSUMED).
-:
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16A8
JOINDER AND CONSENT TO
CONSTRUCTION, MAINTENANCE AND EASEMENT
AGREEMENT REGARDING LOOP ROAD
THE UNDERSIGNED, Orion Bank, a Florida banking corporation ("Bank"), the owner and holder
of the following security instruments from Buckstone Estates, LLC, a Florida limited liability company
("Borrower") :
That certain Real Estate Mortgage, Assignment and Security Agreement dated as of
March 31, 2004, and recorded on April 7, 2004 in O.R. Book 3537, Page 1019 in the
Public Records of Collier County, Florida (the "Public Records"), executed by Borrower
(and certain other parties) in favor of Bank; and that certain Notice of Future Advance
and Mortgage Spreader Agreement dated as of April 6, 2004 and recorded on April 14,
2004 in O.R. Book 3542, Page 1858 in the Public Records executed by Borrower (and
certain other parties) in favor of Bank;
which security instruments encumber certain of the real property described in the Construction,
Maintenance and Easement Agreement Regarding Loop Road (the "Agreement") to which this Joinder is
attached, does hereby join in and consent to the Agreement and all grants, dedications, releases and
reservations thereof as fully and as completely as if Bank were executing the Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Joinder and Consent to be executed
this _ day of May, 2004.
ORION BANK,
::~:~
Name:~ .........
Title: . '1>~
STATE OF :P\Oy.\O~
COUNTY OF CG\).....r -
The. fpregoing instrument was aoknowledged before me thiS~~y of May, 2004. by
~\(' \L.... ~\~~ ' as ~. V.~ of ORION BANK, a Florida banking corporation, on
behalf of such entity, who is either [CHECK WHERE APPLICABLE] ~ personally known to me, or
_ has produced a driver's licens as identi~cation.
(Notarial Seal) .
"'''~'''''' LINDY 0' AMICO
:~~~;K~:;, MY COMMISSION. CC 995116
~.~itj EXPIRES: May 22, 2005
...~.~f.,~~~" Bonded Thru Notary Public Und.rw,itlrl
STP:304989:19
25
16A8
JOINDER AND CONSENT TO
CONSTRUCTION, MAINTENANCE AND EASEMENT
AGREEMENT REGARDING LOOP ROAD
THE UNDERSIGNED, SUNTRUST BANK, a Georgia banking corporation ("Bank"), is (or shall
be) the owner and holder of a security instrument(s) from DESTIN PARTNERSHIP #4, LTD., a Florida
limited partnership (successor by assignment to Destin Retail, Inc.) ("Borrower"), executed (or to be
executed) contemporaneously herewith, which security instrument encumbers (or shall encumber) certain
of the real property described in the Construction, Maintenance and Easement Agreement Regarding
Loop Road (the "Agreement-) to which this Joinder is attached. Bank does hereby join in and consent to
the Agreement and all grants, dedications, releases and reservations thereof as fully and as completely
as if Bank were executing the Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Joinder and Consent to be executed
this~ day of May, 2004.
WITNESSES:
SUNTRUST BANK,
a Georgia banking corporation
~~~~J
.' reSi efl
By:
Name:
Title:
- .../
STATE OF Utfrnfj'a-
COUNTY OF 11../;e//1 {)y (v... ~
lII.jf,2., .T e. ~egoi,t)g inslrlJ.fTle!)1, wa~ ~ckn9wledged before me this 2P)( day of May, 2004, by
V..!ft/'Me'U " , Va as tit c.e ;7MotC~ of SUNTRUST BANK, a georgia banking corporation,
on behalf of suc entity, who is either [CHECK WHERE APPLICABLE] iL.. personally known to me, or
_ has produced a driver's license as identification,
. -
..:4}J4
Print Name: C
NOTARY PUBLIC
(Notarial Seal) My Commission Expires:
i,1if -'" Christa G Arena
. ~ . My Commission 00166111
~ '" ':./ Expires January 13, 2007
STP:304989:19
26
16A8
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this _ day of May, 2004 between DESTIN PARTNERSHIP # 4, LTD.,
a Florida limited partnership, hereinafter referred to as "Developer," and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as the "Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as: Plat of Mission Hills Shopping
Center (the "Plat").
B. Division 3.2 of the Collier County Land Development Code requires Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed, in accordance all governmental laws, ordinances,
and regulations, and pursuant to the construction contracts entered into by Destin with
respect to same, the plans and specifications prepared by or on behalf of Destin
describing same, and such other construction documents as may be prepared by or on
behalf of Destin in connection therewith (a list of which has been attached as Exhibit "C"
to that certain Multi-Party Agreement executed by the Board, Destin and certain of the
owners of the Tracts shown on the Plat [a copy of which is attached hereto as Exhibit
"D"]) (collectively, the "Construction Documents"), the following:
(a) Install potable water and sewer lines to the boundary line of each of Tracts 1-9
shown on the Plat (each individually a "Tracf', and collectively, the "Shopping
Center Tracts") in the approximate locations shown on the Construction
Documents, and of a lift station, if necessary (collectively, "Utility Facilities").
(b) Construct stormwater facilities (including the "Stormwater Retention Pond" and
"Dry Pretreatment Areas" on Tract 1 shown on the Plat in the approximate
locations shown on the Construction Documents) and of stormwater pipes at the
boundary line of each of the Shopping Center Tracts at the approximate locations
shown on the Construction Documents (collectively, the "Stormwater Facilities"),
but not the stormwater pipes located on Tract 1.
(c) Construct ingress/egress driveways between Vanderbilt Beach Road, Collier
Boulevard (CR 951) and the Required Loop Road (hereinafter defined), and the
internal driveway described in (4) below as shown on the Construction
Documents, and stub the driveway entrances from such internal driveway into
each Tract (other than Tract 1), to the extent (if any) and in the approximate
locations shown on the Construction Documents ("Driveway Connections").
(d) Construction of the internal driveway running along the west side of Tracts 2-4
and the north sides of Tracts 5-9 as shown on the Construction Documents
("Intemal Driveway") and the cross-access driveway between Tract 2 and the
Internal Driveway as shown on the Construction Documents; provided, however,
STP:402224:S
16A8
all curbing on the Tract 1-side of the Intemal Driveway shall be constructed by
WBF Naples, LLC.
(e) Create the Conservation Area on Tract 1 in the approximate locations shown on
the Construction Documents,
(f) Remove and fill the wetland areas shown on the Construction Documents
('Wetland Improvements").
(g) Clearing and grubbing, excavation, fill, compaction, and rough grading of Tracts
2-9 and portions of Tract 1 (i.e., the Stormwater Facilities, Internal Driveway, and
Conservation Area areas) as more particularly shown on the Construction
Documents ("Grading").
(a) through (g) above being collectively referred to herein as the "Required Site
Work"; and
(h) construct a certain 2-lane loop road (and appurtenances thereto as required by
applicable governmental authority, including, without limitation, lighting) between
Vanderbilt Beach Road and Collier Boulevard, as depicted on Exhibit DA"
attached hereto and made a part hereof (the "Required Loop Road". and,
together with the Required Site Work, sometimes collectively referred to herein
as the "Required Improvements").
within eighteen (18) months from the date of approval of the Plat (the "Completion Date").
subject to delay caused by strikes, lockouts, other labor difficulties, fire or other casualty.
the elements or acts of God, war, terrorism, riot or insurrection, or other causes, other
than financial, beyond Developer's reasonable control (hereinafter referred to as "Force
Majeure Delays").
2. Developer herewith tenders the following subdivision performance security: (i) with
respect to the Required Site Work, Developer has tendered to the County an irrevocable
standby letter of credit, a copy of which is attached hereto as Exhibit "B" and by reference
made a part hereof (the "Letter of Credit") in the amount of $2,075,561.00. which amount
represents 1 00% of the estimated cost to complete the Required Site Work at the date of
this Agreement, plus an additional 10% of such estimated cost (the "10% Portion"); and
(ii) with respect to the Required Loop Road, Developer has caused the amount of one
hundred ten percent (110%) of the estimated cost to construct the Required Loop Road to
be deposited in an escrow account (the "Loop Road Escrow"). The Loop Road Escrow
will be disbursed to Developer pursuant to the terms of that certain Escrow Agreement for
Completion of Loop Road. a copy of which is attached hereto as Exhibit "C" and by
reference made a part hereof, to pay the costs incurred in connection with the construction
of the Required Loop Road.
3. In the event of default by the Developer or failure of the Developer to complete the
Required Improvements within the time required by Section 1 above. the Board may call
upon the subdivision performance security to insure satisfactory completion of the
Required Improvements. pursuant to Section 8 below.
4. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Engineering Services Director for
compliance with the Collier County Land Development Code.
STP:402224:5
16AB
5, The Engineering Services Director shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify Developer in writing of his preliminary approval
of the Required Improvements; or b) notify Developer in writing of his refusal to approve
the Required Improvements, therewith specifying those conditions which Developer must
fulfill in order to obtain the Director's approval of the Required Improvements. However, in
no event shall the Engineering Services Director refuse preliminary approval of the
Required Improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement. In the event that the Engineering
Services Director preliminarily approves the Required Improvements, any amounts then
remaining in the Loop Road Escrow shall be released pursuant to the terms of the
Escrow Agreement for Completion of Loop Road, and the Board shall release the letter
of Credit to Developer other than the 10% Portion plus an amount equal to 100% of the
cost to complete any then incomplete portion of the Required Improvements (the
"Completion Costs.) (by providing Developer and the holder of the letter of Credit with
the Board's written permission to replace the Letter of Credit with a new letter of credit,
on the same form as the Letter of Credit, in the amount of the 10% Portion plus the
Completion Costs only, and returning the original Letter of Credit to Developer upon the
Board's receipt from Developer of the new letter of credit). In the event that the
Engineering Services Director refuses preliminary approval of the Required
Improvements, Developer shall fulfill the conditions required by the Board in its notice of
such refusal, and the Engineering Services Director shall, within ten (10) days after
request by Developer accompanied by a revised statement of substantial completion by
Developer's engineer along with the revised final project records, notify Developer in
writing whether or not it preliminarily approves the Required Improvements, in
accordance with the terms of this Section 5 (however, in no event shall the Engineering
Services Director refuse preliminary approval of the Required Improvements if Developer
has fulfilled the conditions required by the Board in its notice of refusal),
6. Developer shall maintain (or cause to be maintained) all Required Improvements for a
minimum period of one year after preliminary approval by the Engineering Services
Director. After the one year maintenance period by Developer (or its designee) has
terminated, Developer (or its designee) shall petition the Engineering Services Director to
inspect the Required Improvements. The Engineering Services Director or his designee
shall inspect the Required Improvements and, if found to be still in compliance with the
Collier County Land Development Code as reflected by final approval by the Board (as
evidenced by a Resolution approved by the Board), the Board shall release the remaining
subdivision performance security to Developer (by returning to Developer the original of
the replacement letter of Credit, and by providing Developer and the holder of the
replacement Letter of Credit with the Board's written permission to terminate the
replacement letter of Credit). The responsibility of Developer (or its designee) for
maintenance of the Required Improvements shall continue except to the extent that
Developer (or its designee) requests that such maintenance responsibility be assumed by
the County, and the Board accepts such maintenance responsibility for and by the
County,
7. Six (6) months after the execution of this Agreement, and once within every six (6)
months thereafter, Developer may request the Engineering Services Director to reduce
the dollar amount of the Letter of Credit on the basis of work complete. Each request for
a reduction in the dollar amount of the Letter of Credit shall be accompanied by a
statement of substantial completion by Developer'S engineer for that portion of the
Required Site Work which has been completed, together with the project records
necessary for review by the Engineering Services Director. The Engineering Services
Director may grant the request for a reduction in the amount of the letter of Credit for the
Required Site Work completed as of the date of the request.
STP:402224:5
16 A8 .1
8. In the event Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure (and subject to the terms and conditions of this Section
8), the County Administrator may (upon no less than ten [10] business days prior written
notice to Developer) call upon the subdivision performance security to secure satisfactory
completion of the Required Improvements. In such event, the Board shall have the right
to construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the Required Improvements required
herein (subject to the terms and conditions of this Section 8). Developer, as principal
under the subdivision performance security, shall be liable to pay and to indemnify the
Board, upon completion of such construction, the final total reasonable cost to the Board
for completion of the Required Improvements, including, but not limited to, reasonable
engineering, legal and contingent costs, together with any direct damages which the
Board may sustain on account of the failure of Developer to fulfill all of the provisions of
this Agreement.
Notwithstanding the foregoing, the Board hereby acknowledges and agrees that certain
of the owners or future owners of the Tracts shown on the Plat may have certain rights to
take over performance of the Required Improvements if not performed in a timely manner
by Developer, per written agreement(s) with Developer. The Board hereby
acknowledges and agrees that the County Administrator and/or the Board shall only
exercise its rights under this Section 8 pursuant to and in accordance with the terms of
that certain Multi-Party Agreement executed by the Board, Destin and certain of the
owners of the Tracts shown on the Plat, a copy of which is attached hereto as Exhibit "0"
and made a part hereof.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon
Developer, the Board and their respective successors and assigns.
(Remainder of Page Intentionally Left Blank - Signatures on following page)
STP:402224:5
IN WITNESS WHEREOF, the Board andj)eveloper have caused this Agree
by their duly authorized representatives this .L]...:.)Jay of May, 2004.
Signed, sealed and delivered in the
presence of:
ltobe.l6 A 8
~
By:
By:
Name:
Title:
S(crn~ ~ ~ Cud.
~~/~~.
~9~ -wJJl, ~ ~"fh(A-~>
-:k '-f? (~-c Cff> t-~.>"L, ~ ~ -If 0 ,.L-, ~ CL8
STP:402224:5
(COLLIER COUNTY SIGNATURE PAGE TO
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS)
16AB
ATTEST:
DWIGHT E)3~0~j,QLERK
....."'" -'!'..~\r'\ .t ,CO/I' ()"\'
.... <:_~_ "v - Ij ,
,.......L>'.,').~...............ow {?....
4ifi#1 ~ ~ J.
By: ")... ',' . I u.<:;
.c,;: 1:>:r"{'uJ,, ,..::;'" " ~ - Deputy Clerk
: ~_. '" ~ '.~. '~.r/ ',,~'r",. : ~- " ,
~Mt l(j:ofrA~~-"S
s1~\l.~t ~~..:'~..}'.;
~'. 'i'l,-,", ..' ~\'." "
~ '4/..J ........ (I~" w. ,~
Approve'd'<;i9 ~q,."l(lll'f1~Jegal sufficiency:
't ,,",,
'ltll H.I.' " \\
By:
nnM'h>1:l...
, Chairman
i?ii'A~sistant County Attorney
Item #
/l" 8 It
'f .;;, 7 ~o'-(
5.Zb'o'j
Agenda
Date
STP:402224:S
may-26-2uu4 ul :~Bpm
From-RuDEN MCCLOSKY
mSu~am
.:~~:~^..: o,~:':1.f6 A 8
.~v -'~'-_l"'''' .....,....l'tlV.. i'V'....1 r.
i7TH.'lOO~
ST. prnRSB\.IRG. FLORIOA Bro,
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~O!ll W+iU BQX 14<134
ST. ?ETtRSBURCc FlCR.JnA 337;;";
TE~~PHONE:: '7271 502~a218
PAl(, (7271 502-S918
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4' ~ ......U4J.fJUUL.iA:.. "-" '" 11 .&JA" >JJI..LJ..:.i..l:.i .I.
DATE~
M~y 2'. ZOIJ4
!"RQM~
Christma l"/!, Brd:nt;l',. Esquire
F!LE ~tC~:
35608-0031
r~l;rtJiBER OF ?~~GES;
/(5l,
{Tncludiyu! this ,c":ove!"' Pape'~
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ri~ thp:rp ';::Pl"'P ~Tn"H '~1"'r.~]p~<:, .~t- ......II"'\~-ni~t'-...,y,;~'"l;rJ...... 7d,Q,.".....= ~""i,n+;-t;7 'n~ ~_-..-,.:&...-f.;;n..?-"""hr .,,+ i'~..., ""r":. .;: ().-, _ Q"', nr",;
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Tf'o_
AU.
FAX NO.;
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"lI;"IU1~'{ D~lpt:U1U, JJl!i'4IlLCIe
239-659-5i2
COMMENTS:
Please see attached.
TILE INFORlVIATICNCGNTAii"lED IN l1-ii5 FACSIMll.E MESSAGE is ...:nOlU\!EY PRIYILEGED ANi] CQNFIOENTiA1
:INFORMATION IN'l'ENDED ONLY FOR THE USE OF THE l'r'U;ll'lJDUAL OR ENTITY NA.\1ED .~.BO'\l1':. IT TIiE READER OF THIS
MESSAGE IS NOT TI.iE INTENDED KfCl1'1ENl. yOU ~ HEREBy NOflFIEO 'iHA"l" ANY OLSSfMfNAl'!ON, DISTRIBUTION OR
COpy OF THiS CO!VfJvH.rNH:..^-TION IS STPJCTLY PROH!8ITID. !f YOU a,a..\'E P...ECEP.rED THIS COlvj}.1:"t"TNlC.;'~TrON ~l EP..l?OR;
PLEASE !?,fiviEDIti.TEL Y NOT1FY US BY 'tEl..El'HONE (If LONG DlSTA1'KE, PLE.ASE C,\LL COllECT) AND RETURN TI'IE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US. POST AL SERVICE. THANK YOU.
RUDEN, McCLOSKY, SMITH" SCHUSTER & RUSSELL, P.A.
t.:"AAc.~S . !'T. !AU!:lE!O"l~ . MIAMr . NAPHS . Ol1lJl.N!:'O . ~ORr sr. ~UOE . ~AI1A50rA . ST. ffiERS3UllG . TAttAHASSrE . TAMPA' '!\fEST 7",l.M l![,\C.i
May-t6-,OU4 Q1 :Scprn
rrum-RUOEN MCClOSKY
nr5u28~a2
i-S81
, UOlifii'r"o A 8
150 .sECOND i\VEj"JuE ;':':OR7H
~_ il
ad' Kud~n "
~II T\ J~r( -'18'\rll1. i
-.- 1 V II '\ 'UJ~~ V
fiC' IiI.J T \i.~ ~'JI " __tol'1\, "
i
1 iTi-I FLOOR
51, pfrERS5URG. fL01tIOA 33701
i-'U~ I Vffl~c DO>> 1'1(13"
ST PETER5BU~C, :'lOR:lOA -H7Jj
{717; 502--321 B
FAX, r72n .;1)2.l;l!l1l1
CHPrJsnNA.3P.ltN.E~gW DE.:-..:.COI"wt
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239-659-572u
Jennifer A. BelpediQ
Assistant County Attorney
2800 NortJ1 Horseshoe Drive
~>Tap!es! Florida 34104
Re: JWis::siol!. Hills Shopping CaeteJ":. Cvlliu County: Flo.'ida
[)errr Jen-l1ifur:
l\.s per Ctrr tel~phone con"'versailOl1 this artcr4locr.l.J we u.ndcrstand ~.hat JOur o:tIic~ has
h"1advcrtently crossed through jJ1ii} sigllai:'ures \in "he original COilstructiou aua ,Maintenance
Agre~ll1eilt Regarding SubdivlSiOIi Improvements (the HeMAn) which. was pn::viously ~xeCU~t;U
by Dt:stm Pa.ri.n~I3hip #4 and delivered to John Houidswonh as required by Collier County.
Attached please :lind a copy of a replacement of the ClViA executed by Destin Parmersiup
fR. As per your request, this tenet shaH serve as confrnnation that we wiH follow up with having
the original of the attached repiacement eMA delivered to your attention via Fed era.! Express as
seen as we recei'!e same from Destin. As we discussed, this letter, together "Nit.l" the original of
the CMA which you have in your possession ('Mith Destin's original signattlre Ened-through by
your office), :.mo "che attached replacement CM.~ should be sufficient to allow recordi11g of tJ~e
Plat and orner documents,
Thank you. and please let me v.now if you need anytrJng iilrtner.
Sincerel'lk
///'-:;/} ?" /.'
.r ."'~ ..-,/.if &',y" ".~'.;..f"
.tf'/' /7 .,-.J . / / dY
4. //crl(/ /(///~
/ /' 1:7"..z , r, ._____
/ ,;; . . -.. . . -------.-
v/"lmstlnu tv1. Brelncr --~
1~-:\(K.1VTl
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5TP~4218qB~ 1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A,
CA.RAC~g ,I rr tAUD~RD;\L'f "' ~%AA1; ~ !'>tAPtI:: " ORL~NOO " ?ORT ST. n)c~ .. SARASOTA' TI.1TTIR5BURC ;& rAi.Li'\Hj,~~:tf '" i/1Mi'A 'M "'.;o'E5T~AV;; 3t;.\CH
Ma~-Z6-20u4 01 :39pm
From-~UOEN MCCLOSKY
7U5umaz
T-SSi
P QUa/OiZ F-!i7
16A8
C:("J~8T~UCT~ON Ai~!l"l ili!A~N'T;=)t1.i,NC::; AGR~E;VlfENl" [f'Q~ s!J!S!CmiJSlc,l~ J~j)PR!CVEMrir'\iTS
THIS ceNSTRUCTlON ,t!;.Ntl MA!NTENAt\J!:E AGR;;El\IIf;:NT rCR susor.nSON
fMPROVE!IIIENTS entered into this dS'I of May, ~O~ hetwetJrl nESTIN P.ARTNERSHIP#4, '_iP"
a Florida iimlted pannersnio, hereinafter referred to as "De'lleloeer;" and me BOARD OF COUNTY
COwJdvi;SS:Ot~ERS OF COL~jER COUNTY. Fti.ORjDAt t1.erG~fiaftef i-a'~rred 'io as qlJil ~~Soafd.}!i
R=CiT.[~LS~
A. O~~!oper MS. simultaneously with the ',je!ive~! of thIs Agreement, applied flJf th9
approvai by the Soard O! a certain plat gf a $uiXiivision 10 be Known as: Piat of Mission Hills Shopping
Ca."lwr {t'1e "Plan.
0. D!Vlsior. 3.2 or the Co!Hljj" Cc.untv Land Devi'JJooment Code reauires Clevelooer to oost
approprlate guarantees for \he cnnstructlon of the- jmprov~ents' required by said subdivision regulations,
f!!aid gl.!21'?!ntees to be' jneorporawd in a bendMJ agreem-ent for the ecnstl"JetlOf1 ~f the reqr..lJred
improvemem,
i'oJOW THER~fORE. in cCl!1SiOefaiio!1 of the fOtegoinG pr~mj$e$ and mUTua! ~o\!enan!s
he:t~ir1efl;el' set forth. Developer ~nd ~h$ Soard do hereby COVBnsnt and agree as follows:
1 Developer wm cause to be constructed, in aecoroanee all govemmental laws, ordinances,
and reguialions, and pursuant to the construction conttac!.S enterea Into by Destin with
raspect to iiOame, the piail5 llme :iipliCification~ prepared by or on blitn~if <Ii Pesiin
describft:g same, ~nd ;;uch ot~etaon3tNctiCi1 dcci,lments &1$ m~y l1e prep~iad ty or an
b~ii~!f i-:;f Cl!Ol~1!!1 in GQflr1I1lGDC'l1 TI~erewlth (a list ~f which has been attached ZlS E:<hibit "~CO
to that .::ef'faln Multi.Party ,<\greement ~r.sC\Jted by the 30ard, D~ili~ and eertain 01 the
owners of tr.e Tmcts shown on me ~rat ra copy of which :$ at'~ched hereto as Exhibit
dD"j) (cnlleeti\,ety, !he "Construct!on Ooe!lm~l1bn. the fullO\'Ving:
!a) instaii poiabie water ;;lno 5e\v~r iines to me ooumlary iine 01 eilton of Traots 1-9
shown Qi'l the prat {filiiicri liidlvlduaily a "Tracl.", am~ ~oUe.."'ti'liell, the "Shopping
C~!1tefr~'l} in th9approximate locations shown on t;,e Con5truct~c~
Dcr;;uments, "!lnd 0.1,3 lilt 3Tatiol1, If necassary {collectively, "Ut1Hty ;:'aeilitie;;")
(b) Ccnstr'.Jct 'irtcrmwater taelllMs (Including the .Stormwater Ret9m!on I'ono" and
nory Pretreatment Areas" O!'! !'ract 1 shOlNl'l on the Plat in the apprmdmate
iocations ,hown on the Construction oocumefltlil) and of stormwater pi~es at the
bOlJndsi}!' lifle of \Sacn ot the ShuppJng Center Trae-..s ~t the approximate locations
shc\O\,rn n~ the Ccnstructjon Docucnents {ccHec!hielY~ the: 1rSlCrm\vster Fsc;iHtis~~i}.
but ;'jot th~ 5~grmv."ater pipes lo~t~tJ on Tr;.lct i,
{t;) Cnm~t!"',-,ct ingressfegr,~s dl'll1e-.'Vays bet-Neen Vanderbilt Beach Road, Collier
Soulevel'd {CR 951} and the Required Leop Road (hereInafter dl'Jflned), aM the
internal oriveway described in (4) below as shown on 'l.l'le constrUetion
Ducuments, and stub Ule grivewliiV entrances from sllch internal driveway into
eac,>-; rrnd (ct~er th~, Tr~ct '1), to the :extent {if any) iJnc in tt-u; apprn~mate
iocations shown on ~!'l~ COn~tructicrr Documents rDr!lJaway C,mnectionsn).
{d} Construction of the internal driVe~y rnnning along the west side of T~ 24
and the north sKjes 01 Tracts 5e9 as shown on the Construction DOCtlmenls
elntemiil Driveway") and the eross-uecess drtveway betI/Ueen Tract 2 and th'i
Internai Drjv~WBY as shaWl1 onihe C005lructioo Oocuments; provided, however,
STl":402'Z:!4: 5
May-2S-2UQ4 Oi :39pm
From-RUDEN MCCLUSKY
7275U2&2&,
i-581
P DD4/Di2 F-li7
16A8
i~H t::urO!f19 9(1 (;1.e '-r~'"'6(:;t '~...side -gT .;h~ -;nrefna! Drtv~Nay sM;ai~ ~~ ~Onslru~~t;d O}t
';fifS?' ~~~~i~&~ L.3-C~
(e) Create the Conee!vation,~r~a on T,mct "I In me 1!p)Jrmdmate lccatlom'J ~tmw!"! on
'the Construction Documents.
(f) Remove and ,1il the \AAilU<aod ~reas :il'-iOWn Oil "'it: Col'lsaucth;;ri Doeument$
('''VVe!!sna fmproveme:r!s").
{g) Clearfng and grubbIng. ~xcQvaticn, lill, compaetlOri. ;aM ,"Ou-gh gr....~ing 9r Tracts
2.9 and pOr1ions ofTrnct 1 (i,e" the Stcrmwater Faclllt!es, lnterrtalD!ivaIJ',';;ilY, and
GOMSqrv;atjQn Area areas) as more particularly shown on 1!"i.e C()\1stNdion
Documents (Graaio!:n.
tal !ht:e'ugn (s) ~bcve Z;~ing cC!!8cthn:~jy referred tc h$niliJ1 aiS ~h~ ~R3quimt:' saa
WCrlr:";~11d
(Ii} constru~ \S certain 2-Jane loop mad {end ,appurtammcssu"1erato 3S requlmd by
app!ic."lble ~ovemmen1al authority" including, .Nithout IImltat!on. Ilght!ng} b11ltween
Vanderbilt Beach Road and Collier Boulevard, as depieted 0" Exhibit wAQ
i1t*hed hereto ana made a pun hereof {the "Required Loop Road", and,
tcga~hsr with ~e ~quimd Sits \;Vorn, somaiimes ,yeJl6ctiveJy referred ;0 herein
25 ~hE '~Reqw!ns'd ~mprQ'l~ments';:l)~
within eighteen {18} monthli: from the date of approvaf of the Plat {the 'Completfor. Data"},
subject to deiay eaU$ed by strikes. i~o\Jts, other labor difficulties, fire Or 01l'ler cMualty,
Uia alements or aGtS vi God, war. terrorism, rioi or insurrection, or other causes. oiner
than financzaf. beyond DaveIQpa(~ reasonable contra: (hersinaftar tefsrred 'to 0;;; ~Fo;c.e
M;;'lj~lln:; O!;l!ay~").
2 ,,~.,e1ol'er her.,with t~nders the feilo\\~ng sucdl'Jls!an pert'ermanea 5~Jl'it-of (i) ''l.J!h
respect ~o the Required Site Worn, Oeveloper has tendered to the County an I!'!'evocaole:
6tandoy iener or credii. a copy OT which is attaci1li1c hereto as Exhibit "'S~ and by nill'wence
mads 3 part nSr2cf (the ulerL2f' of Credlf') in the amount of $2,075,561,,'00, 'ntlic..... gmCUn~
r{!pr~w!li~ iDO% Df the @stimat8o Gost tncomplete the Required Sae Worl< at the date ~f
this i"\greement, ;:lilJS an aciditiQrlEi 1C% of such estimated cost (the "H.W.. POl1ion"); and
(ii) with respect to tl'le Rsqu1r:ad Loop Road, De...elop~r has caused the amount of one
hl.lndred !en p~reent (110%) ofU1e a$timated cost to construct the Required Lcop Road to
be deposIted in an e$crow account (the ~~Roa~.".~"). The Lopp Road Escrow
wiil oe disbursed to DevelOpsr pursuant to the terms or that C4ii!rtain Escrow Agreement for
Completion of Loop Read", i cc~y of ~iihich is at"..ached hereto as ~hiblt :1CU and by
reference made ~ p~i1 h~rec'f~ ~ pa~! t.~e COs'.s jncurred ~'1 connection ~\'it~ the cnnstructJa.'l
of the Required Loop (il;Q;;!d,
~. In 'the l'lVant of defuy1t by the Oeveloper or faUureof the Developer to complete the
Required Impl'tWl!lmente withj(\ 1he time required by Section" above, the Board may caU
upon the $ubdi\lision perfonnance security to insure satisfactory compietion of ihe
Required lmprovements. pursuant to Suction a uiilow.
4 7;'13 ReqIJI,\!i!(l lmpn]\j<;ment.s ~ha!! not De !;iOn!:!!dereO complete until a ~wterm~n~ ~f
'iuostantli.ll oompietion by Oeveloper'$ em~j,'jeer along with 2he nnal !:m::j~t recof'ds have
been fumlshed to be reviewed and apl'foved 'tJ'j tl'te Erlgineer!tlg Servicgs Direc4.nr far
~mp"anC8 with the Cqlller COunty Land Development COf.'le.
STP~40:za24:S
May-l6-l004 01 :40pm
SiP~40Z224:5
..
v.
From-RUDEA MCCLOSKY
mSOl8~e2
Hal
~ 005/012 F-117
16A8
,i
1
Th~ Er~g!f%~er!(tg S~rtice$ :~)ffect~rt ~h4S1H: ':NHhin sixty (SO) da~rs :d~! tlar~ipi' ct .:M~ s!;.;iem~nt
cfsubstantrai compretion~ -",,;ith~r: a} notIfy uceve!cper tn \1Vfit~ng Q"t hJ~ ~r~ikn;nai; appr-ovsf
of t.h$ Re-qulrnd !mpro'1ementl:i; ~r tl) notify Deve!eper In "vrlt!rl9 of hi::; ,<:fusa! to ~pproV'3
i~e ReclUlred im!Jrov~menta, ther9with specifying those crmdit!ons which Developer must
fuifiii in OfQI:lI' 'to obtain thtl Oirecror's iSpprovai of me Required improvements. Howevliilr, in
nu ave!1\ 'lliiili Ii'll': Englllearing Sijr\tiees Oll~tor refuse prellininary ;iiij)pfu\lai of trle
~equifoo ;rr~r~vements if th~y ar~ in faCt constructed a4d ~Ubm3tted fer ~prcva' in
aCCQrdance with tha requiremen!S of t!'115 ,Agreement. in j-,l!! "vad tha~ :'.Ple Engineenns
Sarfleel!! Oliector t;;relimin\':,rify ~PP(o\jes the Required Improvements, a"y smoullls th'eo
remainIng in the loop Read Escrow <.hall be releassd pursuant to ths terms of tha
Escrow .A.gr;;emel1t for Complefion of t.':lOP Rcad,aT'!d the Board sha!! re!~a1'J8 the Lstter
Of Credit to Oe\;elcper other then tl'l& 10% Pl')l"tion ~ll.ls all amount equal to 100% ?Jf ttle
CQl;ii iIJ complete any then incomplete porlion of 01. Required improvements (ihe
~Ccmpli;'ticn Costs'l {by ~rQ";;ine Developer and the holder of t~a Laf.ar of Credit wit~
~he aQ8ra~S '~Y'fmen ~errnis!jon to replace the Lette? of Cradit ~At!th a !,€:~ jetter of f;redtl.
.ojj the same form as me Loin!:)( of Credit. in r.hsamount of the '1 0% ~QrtlCln OlliS ihe
C.::;mpleticr. Costs onty, and returning the original Latter of Credit to nS\felopar ~pon tn'll!
Soard'" receipt from Developer of thg new letter of r.:rnd!t}. In the 8I!l:'mt that the
Engineering Seflliees Olrector refuses ~reliminary a~pm\!Bl 'Of the Required
improvemenlS. Oeveioper shail mini! the conditions required by the eoard in Irs notice of
such rer.;sai, Cilid t.'"ie Englne-etlng Servicw& i:)jrii~f sli..ll, withifi ten ('In) daya after
request ~y Developer ~ce:ompanied by a r~vjse~ statement ~f substanua! compLetion by
Developer';;; <m9ifl~( alo1'\g with ~he n~vjsed f!f!ai pmject records, not\f~( OeV~jQP6r ill
writing '"",nether or not it praliminarily :approves lhe xequll'ed improvements,. in
aC"...crt:lSnC'B with the terms af this Section 5 {l'1o,vevei, In no event shall the Eligl1'leeJ'fng
Servtces DI!'i!Ctt1r renlSe preliminary appr0'f8! m the Required !mprovem!Jlnt\1i if Developer
has i'uil'llled the cQ/1ditions required by the eoard in its noQce Qf refusal).
c;>.
...,
Deve;oper sMan mi;ilrr~in (or caus~ 'to b~ maIntaIned) aU Rllquirad imprOVilments fO( a
mInimum pra~iod ni one y~ar after prenmln~r'J approV2e by "the s..'1~ineering Sef\.f~ces
Director. Ai'liiir me one year maintenance period by OElv$iop$( {~r its designee} has
lerminated, Oeveloper (or !ts designee} :!Ihal~ PGlutlOfi Ule Englnlill~rin.g S\?Jrvi!;es Directc:r 10
!i1$pect "'Ie R~ujred lmprQvem~mts. The :=Mglneerlf'lg Sel"'Jlees DirBctor r;;r ~i;; d~S!9"1S'e
sheil 10spect the Re<1l1lt'ea Improwments and, If found to be stili In compliance with the
Coiiier County land uliil\feicpment Code as reflected by final swrovai by ih~ Board (as
<svidenced by a ResolutiOli &ippi1JiiGd ay tria &arcl), ts'ie Soard shail release the r9fnaioing
3uodlvis1Qn performance ~eetJrjty tc Deve!cper (by [eturnin~ to Dev~!oper the eriglnSlef
thel i'~I:ili:~ment Latter or Cna(JJ~ ,.nd by providing DeveJGp~r alld th~ Mlder of the
i'e~laeemlS!nt Lstter of Credit With ~ht'? Bosftj";'l '.'Yritten permis:l!iQI'l '1:.c tsrmin;;JtG' the
rep!acemem 1~tter Dr credit), Tne l'espcnslblllty of Developer (or IW designee) for
maintenance of tM Required Improvements shall !::ontlnue ex!::!!pt to the !!Xtent U'I!!t
DeveiQper (or its de,ignae) l'eQuesis that such maintenance raspcnsibiiity be assumed by
the Count'j, and '(lie Board liiccepts such maifitenanoo rsspoilslbUll.y for and l'iy the
f~S'"Il H.,h8
_V1d.01..J ~
7~
SIlt {6} mcnihii :after ~h8 execution of:l'!is Agr~em\'3nt and coca witt.!n 'lilvary six {6j
mO!'!~M~ t!'!sr~aft.er, ClevelOpel' may request !he EngineerlJlg Sel"'.!lces Dlre~r '0 ret!uce
the dollar amount of the Letter of Credit on the !~siB of work complete. !;~ch requt'!St for
a reCiuetion in the (lollar amount of the Letter of Credit shall be aocompan1ed by a
statemCint 01 ijloibittai'i4jal compiernm by Developer's engineer for thai penlon fif the;
Required SIte ~J'JorK \vh!ch has been :ccmp!~tcd, tcge'ther c\w~Jiih tha project records
rlec~~OIry 'for ,~vjew 0'1 the E:ngin2sring S13nri~lj Olracicf, Th:!l Er.giOi!i!$fir;g Ser\f~:$
Direeter m>llf g""nt tn@ reqUest io1' a reduc<Jon In th~ amount of ~e !..st~ar of Cr'3dit for ala
Required Site WorK t.:cmpletsd as of the date of the requsst.
May-26-20U4 Ul :4upm
From-RUO~N 1ACClOSKY
f2TSOZ8Zei:
H8i
P UU6/im
HiT
161-1".,
o. ~n '[i1~8lJenI L18V!!!'Oper sh~n -1~a!! aT negisct t~ fultlU its cbjig~t:ct:~ \.;nd~~ this Agifiement,
\.loon csrtifiCdtfon cf such f3ilwre {@nd St.lOll';clto ih:rJ terms and ~ol1di.ion$ e;f thiS Sec;km
a" n~~ C;;;unt'! Administrator ,1'lay (upon no less than ten [i OJ busIness days prlm writt.en
rtC~ to De\"efcf)Sr' c~f! upon the subdhrfsse~ p~rfcrrnanC2 secur!t;r to iaecwre sa!rsfa~irOTY
eompl~tjor: of U'le Required Impro1f9meffiS. !~ 3ueh ~vent, ..ne SO~1'd ~~!! have t~e right
to construct and mamtaln, or cause to be c:msfructed or maintaIned, pUffilJant to p'Jblle
aoV.:,J",;jllTlent alla feel;ilpt and ~ecaptanca of biOS, the ~equiTed lmpl'cl':/emen1t1 :-equlred
h~~in "~iJbled ;;Co L~e ~(ms and conditions af this Section 8).. Devejoper, as principei
unejer tne ~,ygdlvis;tJn pertormEnc~ sacurity, ~ha!! be liab~~ ~o p~~~ ~nd to ~ndemntfy 'tr~
Board, upon 'Compiatien Q,f !Ouch construC'l.loi'1, the fir:ai toml ~a~t'JMb!;;; ~g$~ ~o tf'je3~i1!lrd
for com~jetjon of the R.eqlJired fmprn'Jementz, induding, but not iimi;$d 10, re~en:abj~
~;:mgll'1eerl"g, leSal ;;!nd eontinsent costs, ~3t~~r .,,'itt1 any ~l~ damages ,,,tlicn ~h~
Boord may !5ust3ln or. aecount of tl'le fatrure Qf Oawloper to fulffi! ll!H ~ !he p~\l1SiOl"l! of
tili$ Agreement,
NoMith5t3nd!ng the 'foregoinso tne Sgarc hsrJaby aCkno\visd&~s and agre~ztkat ~ertiiin
crr the DWnero :or future jJ~mer$ ;)f the Tract.,> sMwn tttl the ptat ma}i hav;!l Gartaln rights ~o
t...l<e over ;'81"forl'i'i~nce or ihe ~ql.!ir~o rmprovements if not p-erfQrm?d in a iim;eiy mannef
by De-reIOl'et, per 'M!tten l'lgrnmsnt{s) '.~th DeWllloper, Tl"H~ Board l'lSreby
8cknowteoges el'Jd ogr,ees that the CQl.mty Administrato!" and/or the Soordshafl Or.11!
exercii~ its righ'lS under this Section & pUl'\$lJant t~ and in accordance with the t~rms of
t"1..t cortCli.. Mum.poarty Agreement <:?:tecui.d by tilt;! Buard. Oaslin and certain of IDe
QtflJ!1ero of the Ttae'Z ihO~Jn en t~e Plat ~ co;;;y ::;f whIch Is ~ttaCt'~d tarata sa EAh;bit ~DrP
and madlll ~ part hereof,
9. )\11 ~fm~ terms, !:O'IJenartls and ccnditil:1l'ls l'lerc2:in ~ont3in~a alS: and ~Mll h,,, binding upon
Developer, th!\l Soard Brld '.hefr respecti-le ~ueeessers ::tr.d ~l'ieig:15,
(R~rrm:Jif1d~f Di .?4age !rrmntionaUy Le.ft 8/ank ,- .$jSfiatt:f\'~s ~it foJ!Q'ttin; page)
S1i";~ill~;;;
Miy~,6-,004 Dj :4\pm
From~KU~N MCCl0S~Y
mS02&2&2
f-tia]
P GUIiGi 2
Hi?
1~ 6 A8
~t~ ~l.Jrr~~ESS 'r"\J~~.r:rti!CF9 ~he Soard ana D~vei~lJef il5.Ve. ea13Se..q tni-f:: i4d'"',??rnf1:':"-',1 ,?~ ~"'t;:a ,Q.",,~r"!f~~
.- ..... _4 .,.'llI'.,..... '/_'-'.._I...,-,;r_"';~__"'__
.b~, yheir !:fury ~~J~c:i~d re!,re~ef!fat~res !hiS ~day of ~qJaYI '2C04~
'I
,
Signed. seaied and ~jjvfNea in the
pr~e:lC3 ci-:
PES!!N PARTNERSHIP #4. 1-TDn
a Florida iii'nii:Mi PWlitl1>i;!i\3 . ,
; ~ . - .'
.~ " ,....~jj.. " Ii /
: ; . In M . H,!':lr;,'
- 2YL::: ''''-'~'1:~, ..1 .
;af;-;ono~n:Je;tsbwn, T~ :ael1ara! ;.:~f'tni!,
! I J!i '!! /.~ ,
)\.i A\ J I' "
!In!1 }.., ,\ , L/
It .{;J}il l' l..
.Ii ,~ ~ . . >
;f'I.rQ'~~ '1 _ 1'1,,",,, ,j,. l_ "'", ''-....''':i''u.....~..,~ ~I~-
.~.~"H~I-.......l-.i4 <.J.I..,,"''';''' ~"... &A.ol", f'-i
TItle: ~'1". ,ni."d,< ~'L"-H~1.",k
Sy;
/"">.
f i
/! ?"\
!'.d-" "."
~~",,"j;!t'-L- ~
Print f~am~;. .::s~,.....,,- '-,,,..,.., \'-M....
~~ "'1':"
~'ilI .\' ~y"'- ,.. 1~ ~ ",'-";0'
~ ~ame:~ 'tU\t;f'...J At)..(.U'~
By:
:S1~"02224:5
M..~-,6-,004 Oi :4i pm
Fiom-KUDEN MCC~u$KY
rnS028,82
i-S&-I
P. 008/0 -12
F- Ii 7
16A8
{COLLiER COI)lvTt SIGNA TIjt~:= PAGE TO
(::()!,iS7Fii)CnCOl{)rJ AJ\j'OMAiiVTEjVApiC~ ~4'L'3REENiErjT ,F~,,]R ~St}i3-DiVlS!Of\i l'lv!PiztQVEA1ief;iT~~)
ArreST;
;""':,~,^il~;.,.J"'" ;:CD{~d'''''!.t'' ,,-,., =Cl~
""'"'". .""""'~ ,.; ;;...o.~...... '!ll'Ao.#....ol'I', ......ft..... ".,
r:!~
__, Oeputy ClerK
AppJ'OV\'rJd 4:' to i'urm any jWQal Si.th1cj0~Y;
Jennifer A. 8~ped!o. '!'\'s$istant County A1tom~1
s;rp:~{rr~:;:~:~
SOARu OF COUNTY- COiviMiSSJONiiiRS OF
~:CL~~ER ccuy..rrY~ FLCRJOA
J::l,,'
;=#~/'~~
, Chairrnal"!
,
~ Ruden
~~I McClosky
150 SECOND IE t;. JIB
~~
ST. PETERSBURG, FLORIDA 33701
POST OFFICE BOX 14034
ST. PETERSBURG. FLORIDA 33733
(727) 502-8218
FAX: (727) 502.8918
CHRISTINA.BREINER@RUDEN.COM
35608-0031
May 20, 2004
VIA HAND DELIVERY
Mr. John Houldsworth
Collier County Development Services
Engineering Review Section
2800 North Horseshoe Drive
Naples, FL 34104
Re: Mission Hills Shopping Center, Collier County, Florida / Plat
Dear John:
As per our conversations last week, enclosed please find the original Letter of Credit required
pursuant to the Construction and Maintenance Agreement for Subdivision Improvements (the
"Agreement") which we sent to your attention on Friday May 14th (and as required pursuant to the Multi-
Party Agreement, an unexecuted copy of which was previously delivered to your attention), in connection
with certain work anticipated to be performed by Destin Partnership #4, Ltd. in connection with the
Mission Hills Shopping Center.
As we discussed last week, our client has not yet closed on the purchase of the Mission Hills
Shopping Center, therefore the enclosed Letter of Credit (as well as the Agreement) are to be held by you
in escrow until such time as we have given you confirmation that our client has closed on the purchase of
the Mission Hills Shopping Center, and the Plat of Mission Hills Shopping Center is recorded in the
Public Records of Collier County, Florida.
In the event that our client does not close on the Mission Hills Shopping Center (and/or the Plat is
not recorded) on or before June 1,2004, please return the enclosed Letter of Credit and the Agreement to
our attention,
Thank you for your assistance in this matter. If you have any questions, please contact me.
.;'/'"
CXB:lxp
Enclosures
cc: Ms. Jennifer Belpedio, Esquire
Mr. Joseph A. Filippelli (w/enclosure)
Mr. Alan Thomas (w/enclosure)
Howard S. Miller, Esquire
?~d
~hristina M. Breiner
STP:420343: 1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
16A8
SUNTRU8T
LET'fER OF CREDIT NUMBER: P001292
l"iAY 19 r 200'"'.
THE SEMBLER COMPANY
5858 CENTRAL AVENUE
ST. PETERSBURG, FL 33707
ATTN: ALAN THOMAS
PLEASE FIND ATTACHED THE ORIGINAL LETTER OF CREDIT
IN FAVOR OF BOARD OF COUNTY COMMISSIONERS OF
TELEPHONE INGUIRIES MAY BE MADE TO NITA MCMILLAN
AT 404-230-5256 REGARDING OUR LETTER OF CREDIT
OR ANY AMENDMENTS THERETO.
PLEASE ADDRESS ALL CORRESPONDENCE TO:
SUNT RUST BAI\H<
25 PARK PLACE, 16TH FLOOR
STANDBY LETTERS OF CREDIT DEPT. - 3706
ATLANTA, GA 30303
109928 16/0n
16A8
SUNTRUST
IRREVOCAELE LETTER OF CREDIT P001292
PAGE
1
LETTER OF CREDIT NUMBER: P001292
ISSUANCE DATE: MAY 18, 2004
APPLICANT:
DESTIN PARTNERSHIP #4, LTD
5858 CENTRAL AVENUE
ST. PETERSBURG, FL 33707
BE I'.IEI::'-IC If:1RY :
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, C/O OFFICE OF THE
COUNTY ATTORNEY, COLLIER COUNTY
COURTHOUSE COMPLEX,
NAPLES, FL 34112
AND
AMSOlJTH BAN~(
3000 GALLERIA TOWER, SUITE 1600
BIRMINGHAM, AL 35244
ATTN: PROPERTIES DEPARTMENT
AND
EXXON MOBIL OIL CORPORATION (A NEW JERSEY CORPORATION)
C/O REAL ESTATE DEPARTMENT
3225 GALLOWS ROAD
FAIRFAX, VA 22037
ATTN: FUEL MARKETING REAL ESTATE MANAGER
AND
SUNCOAST SCHOOLS FEDERAL CREDIT UNION
801 E. HILLSBOROUGH AVENUE
TAt"1PA, FL 33680
ATTN: CINDY CURTIS
AND
WBF NAPLES, LLC
C/O MAXWELL PROPERTIES, INCORPORATED
6017 SANDY SPRINGS CIRCLE
ATLANTA, GA 30328
ATTN: STEVEN MAXWELL
FOR USD 2,075,561.20
(TWO MILLION SEVENTY FIVE THOUSAND FIVE HUNDRED SIXTY ONE 20/100
U.S. DOLL.ARS)
DATE OF EXPIRATION: MAY 17, 2005
PLACE OF EXPIRATION: AT OUR COUNTERS
?J
GENTLEivlEhi :
: j 09928 16ItD~.~ : ~:
SUNThUST
16AB
IRREVOCABLE LETTER OF CREDIT P001292
P{-iGE:
2
THE COUNTY SHALL BE THE ONLY BENEFICIARY THAT IS ENTITLED TO
DRAW ON THIS LETTER OF CREDIT. THE COUNTY MAY DRAW ON THIS
LETTER OF CREDIT UPON PRESENTI'1E}\.IT OF THE ORIGINAL LETTER OF
CREDIT AND DELIVERY TO THE LENDER OF (I) A WRITTEN STATEMENT
CERTIFYING THAT DESTIN HAS FAILED TO TIMELY CONSTRUCT AND/OR
MAINTAIN IMPROVEJ'1ENTS (THE "IMPROVEMENTS") FOR MISSION HILLS
SHOPPING CENTER, ASSOCIATED WITH THAT CERTAIN PLAT kNOWN AS
PLAT OF MISSION HILLS SHOPPING CENTER, OR A FINAL INSPECTION
SATISFACTORY TO THE COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY
HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE COUNTY; AND
(II) A WRITTEN CERTIFICATION, FROM THE ENGINEER OF RECORD,
STATING THE PERCENTAGES AND VALUE OF WORK COMPLETED DURING THE
APPLICABLE PAYMENT PERIOD (FOR WHICH PAYMENT HAS NOT YET BEEN
MADE), AND STATING THAT THE PORTION OF THE IMPROVEMENTS FOR
WHICH PAYMENT IS REQUESTED HAVE BEEN SUBSTANTIALLY COMPLETED.
EACH DRAW SHALL BE IN THE AMOUNT REGUESTED BY THE COUNTY, BASED
UPON THE PERCENTAGE OF THE IMPROVEMENTS COMPLETED AS OF THE DATE
OF SUCH REGUESTED DRAW.
WE HEREBY AGREE WITH YOU THAT ALL DRAFT (S) DRAWN IN COI'1PLIANCE
WITH THE TERl"IS OF THIS LETTER OF CREDIT MlIST BE f1PtRkED "DRAWN
UNDER SUNTRUST BANK LETTER OF CREDIT NO. P001292 DATED MAY 18,
2004", AND WILL BE DULY HONORED UPON DELIVERY OF THE DOCUMENTS
SPECIFIED ABOVE TO OUR OFFICE AT 25 PARK PLACE, 16TH FLOOR,
LETTER OF CREDIT DEPARTMENT - MC3706, ATLANTA, GEORGIA 30303.
THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST
BE PRESENTED FOR PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SHALL BE VALID UNTIL MAY 17, 2005 AND
SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE
ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS EXPIRATION UNLESS
AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE
ISSUER NOTIFIES THE BENEFICIARIES IN WRITING BY REGISTERED I~AIL
OR OVERNIGHT COURIER THAT THE ISSUER ELECTS NOT TO SO RENEW THIS
LETTER OF CREDIT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE
ISSUER'S UNDERTAKING AN SUCH UNDERTAKING SHALL NOT IN ANY WAY
BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY
DOCUMENT, INSTRUMENT OR AGREEMENT REFERENCED TO HEREIN OR IN
WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH ~EFERENCE SHALL
NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT,
INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH THE BENEFICIARIES THAT DRAFT(S)
CONTINUED ON NEXT PAGE
~...
109928 (6101)
16A8
SUNTRUST .
IRREVOCABLE LETTER OF CREDIT P001292 PAGE 3
DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF
CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN TH~
VALIDITY OF THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND
PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION 500.
SINCEHELY,
SUl\ll-RUST BAN~(
. IZED SIGNATURE
.J CONLEY, VP
MANAGER, STANDBY LETTERS OF CREDIT
10992816/011
16A8
MULTI-PARTY AGREFMENT
~\L THIS MULTI-PARTY AGREEMENT (this "Agreement") is made and entered into this U- day of
~2004, by and between DESTIN PARTNERSHIP # 4, L TD" a Florida limited partnership (hereinafter
"Destln") , WBF NAPLES, LLC, a Georgia limited liability company (hereinafter "waE") , AMSOUTH
BANK, an Alabama state banking corporation (hereinafter "AmSouth"), EXXON MOBIL CORPORATION,
a New Jersey corporation (hereinafter "Ex2wn") , SUNCOAST SCHOOLS FEDERAL CREDIT UNION, a
federally chartered credit union (hereinafter "Suncoast"), and BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County").
RECITALS
(A) Destin (or an affiliate of Destin), WBF, AmSouth, Exxon and Suncoast are the owners (or
contract purchasers) of certain property located in Collier County, Florida, which property is intended to be
developed as a retail/commercial shopping center known as Mission Hills Shopping Center (the "Shopping
Cen1er"). The Shopping Center property has been (or is intended to be) platted pursuant to that certain Plat
of Mission Hills Shopping Center (the "Elat").
(B) Pursuant to the terms of (i) that certain Agreement for Sale and Purchase of Property
between Destin Retail, Inc. and WBF dated effective January 16, 2004, as amended (the "WBF Contract");
(ii) that certain Agreement for Sale and Purchase of Property between Destin Retail, Inc. and AmSouth dated
effective August 8, 2003, as amended (the "Am South Contract"); (iii) that certain Agreement for Sale and
Purchase of Property between Destin Retail, Inc. and Exxon dated effective January 9, 2004, as amended
(the "Exxon Contract"); and (iv) that certain Real Estate Purchase Agreement between Destin Retail, Inc. and
Suncoast dated effective February 23, 2004 (the "Suncoast Contract") (such contracts referred to in (i)
through (iv) above, which were or shall be assigned by Destin Retail, Inc. to Destin, shall be collectively
referred to herein as the "Contracts"), Destin is required to perform certain infrastructure site
work/improvements within the Shopping Center, as more particularly described in Exhihit "A" attached
hereto and made a part hereof (the "Site Work").
(C) Pursuant to the terms of the Contracts and that certain Construction, Maintenance and
Easement Agreement Regarding Loop Road (the "Loop Road Agreement") Destin is required to construct
a certain 2-lane loop road (and appurtenances thereto as required by applicable governmental authority,
including, without limitation, lighting) between Vanderbilt Beach Road and Collier Boulevard, as more
particularly described in the Loop Road Agreement (the "Loop Road").
(D) The County has also required, as a condition to the County recording the Plat, that Destin
(or an affiliate of Destin) execute a certain Construction and Maintenance Agreement for Subdivision
Improvements, whereby Destin agrees that the Loop Road and a certain portion of the Site Work (as
described therein) will be completed (the ".c.MA").
(E) Pursuant to the terms of the Contracts and/or the CMA, with regard to performance of the
Site Work, Destin (or an affiliate of Destin) is required to obtain a letter of credit in the amount of the
estimated cost of the Site Work (or, with respect to the County, in the amount of one hundred ten percent
(110%) of the estimated cost of the Site Work required to be performed pursuant to the CMA) as determined
by Destin's engineer, in order to provide assurance to WBF, AmSouth, Exxon, Suncoast and the County that
sufficient funds are available to cover the costs to be incurred in connection with the performance of the Site
Work.
(F) Pursuant to the terms of the Loop Road Agreement and the Contracts, with regard to the
construction of the Loop Road, the amount of one hundred ten percent (110%) of the estimated cost to
construct the Loop Road is to be held in an escrow account (the "Loop Road Escrow") and disbursed
16Aa
pursuant to the Loop Road Agreement to pay the costs incurred in connection with the construction of the
Loop Road.
(G) Pursuant to the terms of the Contracts and/or the CMA, WBF, AmSouth, Exxon, Suncoast
and the County have the right to perform the Site Work and to construct the Loop Road, and to draw upon
the letter of credit and the Loop Road Escrow in connection therewith, as more particularly set forth below, in
the event that Destin (or an affiliate of Destin) fails to perform the Site Work and construct the Loop Road as
required by the Contracts and the CMA.
(H) The parties have agreed that Destin shall only be required to obtain one (1) letter of credit in
the amount of $2,075,561.00 (the "J..OC") , which LOC is hereby agreed to have satisfied the requirement of
the Contracts and the CMA that a letter of credit be obtained with regard to the Site Work; and the parties
have agreed to enter into this Agreement in order to clarify, in the event that Destin (or its affiliate) should fail
to perform the Site Work and/or construct the Loop Road in a timely manner, which party(ies) may draw upon
the LOC and the Loop Road Escrow, and when and how such draws will be made.
NOW, THEREFORE, the parties mutually hereto covenant and agree as follows:
1. Recital~. The above recitals are true and correct and are incorporated herein by reference.
2. Right~ tn Draw lIpnn the LOC and the Lnnp Rnad E~crnw Each of the parties hereto
shall have a right to request and receive payment under the LOC up to the maximum available balance of
the LOC (or, with respect to the County, to draw upon the LOG) and to draw on the Loop Road Escrow, for
the performance of the Site Work and construction of the Loop Road, but only to the extent provided in, and
in accordance with, the provisions set forth below:
(a) In the event that the Site Work, the Loop Road, or any portion thereof, is not
completed by or on behalf of Destin within sixty (60) days after the scheduled completion date as set forth
in the Construction Schedule attached hereto as Exhibit "8" (subject to delay caused by strikes, lockouts,
other labor difficulties, fire or other casualty, unusual weather conditions or acts of God, war, terrorism, riot
or insurrection, refusal or failure of governmental authorities to grant necessary permits and approvals for
the construction of the Site Work or the Loop Road or other causes, other than financial, beyond Destin's
reasonable control [collectively, "Force Mq,jeure"J), then WBF shall have the right in accordance with the
terms of the Development Agreement (provided it makes such election in writing delivered to Destin within
forty five (45) days thereafter) to complete the Site Work and the Loop Road (as applicable) as provided in
the WBF Contract, in the same manner as required of Destin hereunder, pursuant to the construction
contract entered into by Destin for the Site Work (the "Site Work Construction Contract") and the
construction contract entered into by Destin for the Loop Road (the "Loop Road Construction Contract")
(collectively, the "Contracts"), the plans and specifications prepared by or on behalf of Destin describing
the Site Work and the Loop Road, and such other construction documents as may be prepared by or on
behalf of Destin in connection with the Site Work and the Loop Road, all as more particularly set forth on
Exhibit "C" attached hereto and made a part hereof (collectively, the "Construction Documents") and in
accordance with the terms and conditions of the WBF Contract. If WBF exercises its right to complete
such work as set forth above, WBF shall deal directly with Destin's contractor(s) and other parties
performing the Site Work and constructing the Loop Road. WBF shall keep Destin fully and timely
apprised of the progress of construction of the Site Work and the Loop Road, and shall copy Destin on all
correspondence sent or received in connection therewith. WBF shall defend, indemnify and hold Destin
harmless for damages and personal injury to the extent occurring as a result of WBF's involvement in the
construction activities pursuant to this Section, and shall promptly repair all damage to the Shopping
Center occurring in connection therewith (such indemnity shall exclude the cost of performance of the
portion of the Destin Work performed by WBF).
In the event that WBF properly exercises its right to complete the Site Work and the Loop
STP:41079B:7
2
16A8
Road (as applicable) as set forth above, then WBF shall have the right, in order to pay for the reasonable
costs of performance of the portion of the Site Work and the Loop Road to be completed by WBF, to: (i)
request and receive payment under the LOC up to the maximum available balance of the LOC (pursuant
to the terms and conditions of Section 3 below, and subject to the other terms and conditions hereof) as
may be necessary to pay for all amounts due to Destin's contractor(s) under the Site Work Construction
Contract which have not yet been paid by Destin to such contractor(s), and (subject to the provisions and
requirements set forth herein, including requesting and receiving payment under the LOC in incremental
installments as work progresses) all amounts remaining due under the Site Work Construction Contract
for completion of the Site Work (excluding any portion of such Site Work that is required to be performed
by WBF pursuant to the terms of the WBF Contract), less any amount that is required to be paid by WBF
as set forth in the WBF Contract. All such amounts paid to WBF shall be used to pay for the Site Work
(excluding any portion of such Site Work that is required to be performed by WBF pursuant to the terms of
the WBF Contract) as such work is completed. Each such payment made to WBF shall be in the amount
requested by WBF, based upon the percentage of the Site Work completed between the date of the last
draw and the date of the requested draw, less any amount that is required to be paid by WBF as set forth
in the WBF Contract; and/or (ii) draw on the Loop Road Escrow as provided in and in accordance with the
Loop Road Agreement (to the extent that Destin is permitted to, and in the same manner as Destin is
required to, make draws thereunder), to pay for all amounts due to the contractor(s) under the Loop Road
Construction Contract which have not yet been paid by Destin, and (subject to the provisions and
requirements set forth in the Loop Road Agreement, including drawing on the Loop Road Escrow in
incremental installments as work progresses) all amounts remaining due under the Loop Road
Construction Contract for completion of the Loop Road. All such amounts drawn from the Loop Road
Escrow shall be used to pay for construction of the Loop Road. After final payment by WBF for the Site
Work, all amounts paid to WBF under the LOC which have not been paid toward such work shall be
delivered to Destin. After final payment by WBF for the Loop Road, all amounts remaining in the Loop
Road Escrow and/or drawn under the Loop Road Escrow which have not been paid toward such work
shall be disbursed pursuant to the Loop Road Agreement.
(b) In the event that WBF fails to exercise its right to complete the Site Work and the
Loop Road (as applicable) as provided above, within the time frame set forth above, then AmSouth, Exxon
and Suncoast (together with each of the other then contract purchasers/owners of any of the tracts within
the Shopping Center, other than the tract(s) owned by WBF or its successors/assigns), to the extent that
they desire to participate (collectively, the "Participating Parcel Owners"), shall have the right to complete
the Site Work and the Loop Road (as applicable) in the same manner as required of Destin hereunder,
pursuant to the Construction Documents and the terms of the Contracts (excluding the WBF Contract). In
order to exercise such right, the Participating Parcel Owners shall unanimously select a single
representative that shall act as agent and contact person for the Participating Parcel Owners (the
"Agent"). The Agent shall then deliver written notice to Destin of the Participating Parcel Owners' election
to complete the Site Work and the Loop Road. The Agent shall deal directly with Destin's contractor(s)
and other parties performing the Site Work and constructing the Loop Road, and the acts of the Agent
shall bind each of the Participating Parcel Owners. The Participating Parcel Owners shall keep Destin
fully and timely apprised of the progress of construction of the Site Work and the Loop Road, and shall
copy Destin on all correspondence sent or received in connection therewith. The Participating Parcel
Owners shall defend, indemnify and hold Destin harmless for damages and personal injury to the extent
occurring as a result of such Participating Parcel Owners' and/or the Agent's involvement in the
construction activities pursuant to this Section, and shall promptly repair all damage to the Shopping
Center occurring in connection therewith (such indemnity shall exclude the cost of performance of the Site
Work and construction of the Loop Road).
In the event that the Participating Parcel Owners properly exercise their right to complete
the Site Work and the Loop Road (as applicable) as set forth above, then the Agent shall have the right, in
order to pay for the reasonable costs of performance of the portion of the Site Work and the Loop Road to
be completed by the Participating Parcel Owners, to: (i) request and receive payment under the LOC up to
STP:41079B:7
3
16A8
the maximum available balance of the LOC (pursuant to the terms and conditions of Section 3 below, and
subject to the other terms and conditions hereof) as may be necessary to pay for all amounts due to
Destin's contractor(s) under the Site Work Construction Contract which have not yet been paid by Destin
or WBF to such contractor(s), and (subject to the provisions and requirements set forth herein, including
requesting and receiving payment under the LOC in incremental installments as work progresses) all
amounts remaining due under the Site Work Construction Contract for completion of the Site Work (to the
extent permitted herein and in the Contracts, excluding the WBF Contract). All such amounts paid to the
Agent under the LOC shall be retained by the Agent and used to pay for the Site Work as such work is
completed. Each such payment made to the Agent shall be in the amount requested by the Agent, based
upon the percentage of the Site Work completed between the date of the last draw and the date of the
requested draw; and/or (ii) draw on the Loop Road Escrow as provided in and in accordance with the Loop
Road Agreement (to the extent that Destin is permitted to, and in the same manner as Destin is required
to, make draws thereunder), to pay for all amounts due to the contractor(s) under the Loop Road
Construction Contract which have not yet been paid by Destin or WBF, and (subject to the provisions and
requirements set forth in the Loop Road Agreement, including drawing on the Loop Road Escrow in
incremental installments as work progresses) all amounts remaining due under the Loop Road
Construction Contract for completion of the Loop Road. All such amounts drawn from the Loop Road
Escrow shall be used to pay for construction of the Loop Road. After final payment by the Agent for the
Site Work, all amounts paid to the Agent under the LOC which have not been paid toward such work shall
be delivered to Destin. After final payment by the Agent for the Loop Road, all amounts remaining in the
Loop Road Escrow andlor drawn under the Loop Road Escrow which have not been paid toward such
work shall be disbursed pursuant to the Loop Road Agreement.
(c) In the event that Destin, WBF and/or the Participating Parcel Owners fail to
complete the Site Work andlor construction of the Loop Road on or before the date which is eighteen (18)
months from the date of approval of the final Plat of Mission Hills Shopping Center by Collier County (the
"Outside Construction Date"), then the County shall have the right to complete the Site Work and the Loop
Road (as applicable) in the same manner as required of Destin hereunder, pursuant to the Construction
Documents. In the event that the County exercises its right to complete the Site Work and the Loop Road
(as applicable) as set forth above, then the County shall have the right, in order to pay for the reasonable
costs of performance of the portion of the Site Work andlor the Loop Road to be completed by the County,
to: (i) draw on that portion of the LOC as may be necessary to pay for all amounts due to Destin's
contractor(s) under the Site Work Construction Contract which have not yet been paid by Destin, WBF or
the Participating Parcel Owners (or the Agent) to such contractor(s), and (subject to the provisions and
requirements set forth herein, including drawing on the LOC in incremental installments as work
progresses) all amounts remaining due under the Site Work Construction Contract for completion of the
Site Work. All such amounts drawn under the LOC shall be used to pay for the Site Work as such work is
completed. Each draw shall be in the amount requested by the County, based upon the percentage of the
Site Work completed between the date of the last draw and the date of the requested draw. All
disbursements requested by the County shall be made to the County upon delivery to issuer of the LOC of
a written certification, from the engineer of record, stating the percentages and value of work completed
during the applicable payment period, and stating that the portion of the Site Work for which payment is
requested has been substantially completed in accordance with the terms of the Construction Documents;
and/or (ii) draw on the Loop Road Escrow as provided in and in accordance with the Loop Road
Agreement (to the extent that Destin is permitted to, and in the same manner as Destin is required to,
make draws thereunder), to pay for all amounts due to the contractor(s) under the Loop Road
Construction Contract which have not yet been paid by Destin, WBF or the Participating Parcel Owners (or
the Agent) and (subject to the provisions and requirements set forth in the Loop Road Agreement,
including drawing on the Loop Road Escrow in incremental installments as work progresses) all amounts
remaining due under the Loop Road Construction Contract for completion of the Loop Road. All such
amounts drawn from the Loop Road Escrow shall be used to pay for construction of the Loop Road.
(d) After final payment for the Site Work, all amounts drawn under the LOC which
STP:41 0798:7
4
have not been paid toward such work shall be delivered to Destin. After final payment for the Loop Road,
all amounts remaining in the Loop Road Escrow and/or drawn under the Loop Road Escrow which have
not been paid toward such work shall be disbursed pursuant to the Loop Road Agreement.
16A8
3. Original LOC and L OC Draw Prnr.edlJre~,
(a) The original LOC shall be held by the County.
(b) WBF and the Agent, as applicable, shall be entitled to request and receive
payment of draws under the LOC as set forth above, as follows: (i) the applicable party performing the Site
Work shall deliver a written request for disbursement to the County c/o Engineering Services, 2800 North
Horseshoe Drive, Naples, Florida 34104, Attn: John Houldsworth, together with a written certification, from
the engineer of record, stating the percentages and value of work completed during the applicable
payment period, and stating that the portion of the Site Work for which payment is requested has been
substantially completed in accordance with the terms of the Construction Documents (collectively, the
"Draw Request"). The County engineer shall review the Draw Request upon receipt of same (and/or shall
visit the property and inspect the portion of the Site Work for which payment is requested). Within ten (10)
business days after the date of receipt by the County of the Draw Request (the "County Review Period"),
the County engineer shall determine whether the portion of the Site Work for which payment is requested
has been completed in compliance with the Construction Documents and County code requirements. In
the event that the County engineer determines that such portion of the Site Work has been completed in
compliance with the Construction Documents and County code requirements, the County shall, on or
before expiration of the County Review Period, present the LOC to the issuer thereof and execute an
assignment of proceeds application, on the LOC issuer's standard form, directing the LaC issuer to make
payment of the draw (in the amount set forth in the Draw Request) directly to WBF or the Agent (as
applicable) on or before expiration of the County Review Period. In the event that the County engineer
determines that the portion of the Site Work for which payment is requested has not been completed in
compliance with the Construction Documents and County code requirements, the County engineer shall
give WBF or the Agent (as applicable) written notice of same within the County Review Period, specifying
the manner in which such portion of the Site Work is deficient and setting forth the necessary steps to
remedy such deficiency. In the event that the County engineer fails to review the Draw Request andlor
inspect the portion of the Site Work for which payment is requested within the County Review Period (and
provide timely notice of deficiency, as required above), the County engineer shall be deemed to have
approved same and the County shall be required to present the LOC to the issuer thereof, draw on the
LOC in the amount set forth in the Draw Request, and pay the amount of the Draw Request to WBF or the
Agent, as applicable, within the County Review Period as set forth above.
4, Term of LOC The LOC shall remain in force and effect (subject to reduction in
connection with being drawn down as set forth above) until one (1) year from the date of issuance, and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
expiration until the date of completion of the Site Work, and preliminary approval of same by the County
(the "LaC Release Date"). On the LOC Release Date, the LOC may be terminated by Destin, without the
consent of any of the other parties hereto. Notwithstanding the foregoing, a replacement letter of credit
shall be delivered to the County on or before the LaC Release Date (naming only the County as
beneficiary) pursuant to the terms of the CMA, in the amount set forth in the CMA, upon termination of the
LOC (which replacement letter of credit shall terminate in accordance with the terms of the CMA). The
County must accept the replacement letter of credit prior to release of the LaC.
5. Reimbursement. In the event that WBF, the Agent or the County elects to perform the
Site Work and construction of the Loop Road as permitted herein, and the amount of the LaC shall be
insufficient to cover the reasonable cost of completion of the Site Work andlor the Loop Road Escrow
shall be insufficient to cover the reasonable cost of completion of construction of the Loop Road, then
Destin shall be responsible for reimbursing WBF, the Agent or the County (as applicable) for the
STP:410798:7
5
Destin shall be responsible for reimbursing WBF, the Agent or the County (as applicable) for the
difference (if any) between the reasonable expenses incurred by such party in connection with completion
of the Site Work andlor completion of construction of the Loop Road (less, with respect to WBF, any
amounts required to be paid by WBF as set forth above), and the Letter of Credit and/or the Loop Road
Escrow (as applicable).
16 A8 ,"'t
6. AcknowlAdgAm~mt of PartiAR. The parties hereto each acknowledge and agree that the
LOC may only be actually drawn upon by the County, and both the LOC and the Loop Road Escrow may be
drawn upon (and/or request for payment made thereunder, as applicable) in the order, and in the manner, set
forth in Sections 2 and 3 above; and (provided that the applicable party has complied with the terms and
conditions of this Agreement) there shall be no requirement that any other party sign off on or approve any
draw request permitted hereunder.
7. Binding EHAct. This Agreement shall be binding upon and shall enure to the benefit of the
respective parties hereto and their legal representatives, successors and assigns (which shall include any
party's lender).
8. COlJntArpartR. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original, but all of which when taken together shall constitute one and the same
instrument.
9. ConRtruction EaRAmAnt. Each party hereby grants to each other party, its contractors,
subcontractors, agents and employees a temporary easement upon the granting party's Tract for
purposes of performing the Site Work and constructing the Loop Road in accordance with the provisions
set forth herein. Such easement shall expire upon completion of the Site Work and the Loop Road, and
preliminary approval of same by the County.
STP:410798:7
6
IN WITNESS WHEREOF, this Agreement has been duly executed the day and year first above
written by the parties hereto.
16A8
DESTIN PARTNERSHIP #4, LTD.,
a Florida limited partnership
By: Destin Retail, Inc.,
a Florida corporation, its general partner
~~me.-Jf3.S~~!f;; ff~'lLL
Its. Ie . cd-=- --=-
TE OF FLORIDA
COUNTY OF PINELLAS
J . The 'Qregoin ins~ment w9s acknowledged before me this 11'1::1- day of May, 2004, by
, ,'>5 . ,II e 'as ,-e":.l.de4. of Destin Retail, Inc., a Florida corporation, general
partner of DES IN PARTNERSHIP #4, LTD., a FJPFida limited partnership, on behalf of such entity, who is
either [CHECK WHERE APPLICABLE) JC: personally known to me, or _ has produced a
driver's license as identification.
{SEAL}
/~~~\~~:r't\ Sharon M. Vizandiou
f*( J *~ MY COMMISSION # DD066046 EXPIRES
:^>"",;-',"'o/ October 21, 2005
~ilr..r.,~ 80NOfD THIIU T~O'r' FAIN INSuRANCE, INC
7 ) "
~~- rt . z:".~ ~ i-A-~
N~tary Public Sharon M. Vizandiou
Pnnt Name:
My Commission Expires: Ii) "2.1/0";
, ,
STP:41 0798:7
7
WBF NAPLES, LLC,
:yGeo~y
Na'me: ~ ~ II
Its: M~u'~rr
16A8
STATE OF ~J;1J1l4Ill
COUNTY OF FuL. 7b "I
5 The foregoing instrl.!."lent was acknowledged before me this (}!!I day of May, 2004, by
TE"Ii&l J: ~~las ---1::1IWAli81.. of WBF NAPLES, LLC, a Geo.mm limited liability
company, on behalf of such entity, who is either [CHECK WHERE APPLICABLE] -!6>ersonally known to
me, or _ has produced a driver's license as identification.
{SEAL}
STP:410798:7
Notary Public
Print Name:
My Commission Expires:
8
~~\\ \\\\\11\" "111/11l'~
~ ~~..fT:ff '~
~~~~&~.:\\SSION J<o~
~..,...'~ ~"~~
~ ':'~ JAN 'ZP.: ~
~*: 24 :*~
:;: : "" 2005 ~ : ;:;
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o '.' \\, .. '- ~ ~
~ )'./1 .......: \'Ov~
~"'AY ~v.,'~
'1111111/11/ ll\l\\\\\~'~"
EXXON MOBIL CORPORATION,
a New Jersey corporation
16A8
~k--
By: "
~?~ ~~~~
STATEOF~
COUNTY OF V
{SEAL}
STP:41079B:7
9
<A. "
SUNCOAST SCHOOLS FEDERAL
CREDIT UNION, a federally chartered credit
union
f . ~1 . ~
By: . {. . . U-i"U -C-
~:me~~~dir(~; -
16A8
STATE OF ~
COUNTY OF . '~~ L-
n li e foregoing instr ~ !,pt . was
lM , as C ~ of SUNCOA
a f rally chartered credit uni n, on behalf of such entity, wh
personally known to me, or _ has produced a
e this0 </VJy of May, 2004, by
COOLS FEDERAL CREDIT UNION,
it r [CHECK WHERE APPLICABLE]
dri 's license as identification.
{SEAL}
~\"\\'''"''''''''1.
~~ * 81" ~II~
~ ~ ......... C:1'c.t ~
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~ O,('.......~...".~I .'
"'fr,[J')HO'" .,' \ '
,-t', I.~' k
STP:410798:7
10
AMSOUTH BANK,
an Alabama state banking corporation
16AB
pr~7Ro~~~~~
Print Name: ~~~ ~~~L
By: ~N\G~
Name: E.m; J;o. ~. t!enee
Its: V;cerr~ I .en f-
STATE OF ~~/L.
COUNTY OF . ~
4L
T~e foregoing ins\'t.ment was acknowledged before me this 1:L day of May, 2004, by
eM' to . t' f,vll!e., as Ilt Prll..i>icLe.n-l- of AMSOUTH BANK, an Alabama banking corporation,
on behalf of such entity, who is either [CHECK WHERE APPLICABLE] 1 personally known to me, or
_ has produced a driver's license as identification.
{SEAL}
. LaTDShIa MonkpIt Clay
Bond No. 68946943N
IIaIary ,...., 1M SIaII of Ma....
{I .. n ..... ,..., " _
o....J ~
Notary Public
Print Name: /J1..7Qs hi a..
My Commission Expires:
lay
STP:41079B:7
11
ATTEST:
DWIGHT E. BROCK, CLERK
\\II\"H'II
,"'<,/\ . S~~~"'"
. ......,.....'~.J.....:1 0 ~
BY:t/Pif~). ~:.-.<j./t5l .-)J, 1\( )
, '?)',' ....., .'. " t 'C' D puty Clerk
. ~ ~ .' :;" ')~,\:/!l~. :,' ..,~.~~ . (_.. 1 e
:-...: '--... \.~ ~.~:,I ~\"""_':~ : ~.. .
~~t ~. ~-:J~~r:-n S
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',z~ ". . " .' '. .
U4 ...... ('",
. SllJ.3(~ ')'..>-'
'i/)!I'/j'
Approved as to form 8, ;egal Sufficiency
STP:41079B:7
16A8
BOARD ~F UNTY COMMISSIONERS OF
COLLIER NTY, FLORIDA I ...
~~~~
By:
Name: bi'l"hr" flA LA
Its: L)..)A'~,^-a,~
12
Item #
Agenda
Date
lie. s-A
+ ~7'oi'
~~~d 5 ,aft, .oc)
4=~
16A8
EXHIBIT A
SITE WORK
The following is the Site Work, to be performed in accordance all governmental laws, ordinances, and
regulations:
1. I nstall potable water and sewer lines to the boundary line of each of Tracts 1-9 shown on the Plat
(each individually a "Tract", and collectively, the "Shopping Center Tracts") in the approximate
locations shown on the Construction Documents, and of a lift station, if necessary (collectively,
"Utility Facilities").
2. Construct stormwater facilities (including the "Stormwater Retention Pond" and "Dry Pretreatment
Areas" on Tract 1 shown on the Plat in the approximate locations shown on the Construction
Documents) and of stormwater pipes at the boundary line of each of the Shopping Center Tracts
at the approximate locations shown on the Construction Documents (collectively, the "Stormwater
Facilities"), but not the stormwater pipes located on Tract 1.
3. Construct ingress/egress driveways between Vanderbilt Beach Road, Collier Boulevard (CR 951)
and the Loop Road, and the internal driveway described in (4) below as shown on the
Construction Documents, and stub the driveway entrances from such internal driveway into each
Tract (other than Tract 1), to the extent (if any) and in the approximate locations shown on the
Construction Documents ("Driveway Connections").
4. Construction of the internal driveway running along the west side of Tracts 2-4 and the north sides
of Tracts 5-9 as shown on the Construction Documents ("Internal Driveway") and the cross-
access driveway between Tract 2 and the Internal Driveway as shown on the Construction
Documents; provided, however, all curbing on the Tract 1-side of the Internal Driveway shall be
constructed by WBF.
5. Create the Conservation Area on Tract 1 in the approximate locations shown on the Construction
Documents.
6. Remove and fill the wetland areas shown on the Construction Documents ("Wetland
Improvements").
7. Clearing and grubbing, excavation, fill, compaction, and rough grading of Tracts 2-9 and portions
of Tract 1 (i.e., the Stormwater Facilities, Internal Driveway, and Conservation Area areas) as
more particularly shown on the Construction Documents ("Grading").
STP:41 0798:7
13
16A8
EX~IRIT "R"
Construction Schedule
STP:41079B:7
14
16A8
EXHIBIT "B"
CONSTRUCTION SCHEDULE
MISSION HILLS SHOPPING CENTER
WBF WORK DESTIN WORK
Not Later Than (NL T) Not Later Than (NLT)
Mobilization June 1 st June 20m
Erosion Control June 10m June 30m
Clear & Grub Complete June 20m July 15m
Die Retention Ponds July 30m
Clear Loop Road July 10m
Clear Collier ROW July 30m
Install Gravity Sewer Julv 30m
Internal Access Road Fill Julv 30m
Loop Road Fill Julv 30m
Water Systems Complete Aueust 30m
Storm Pipe Complete August 30m Aueust 30m
Florida Power & Lieht Conduits Installed September 15m
Lift Station Installed Seotember 15m
Force Main Installed Aueust 15m
Paving Base October 1 Sf October 1 St
Asphalt Paving Complete - All October 15th October 15m
Sidewalks Complete September 15m October 1 st
Offsite Turn Lanes Comolete October 15m
Lift Station Operational October 1 St
Water Systems Certified October 1 st October 1 st
Loop Road Streetlights October 15m
Loop Road Contract Complete November 1st
Landscape Complete November 15m
Stormwater System Complete November 1St
All Sitework Complete November 15m November 15m
F:lDe-ADestinWlnderbilt-Mission HiIIsIBID DOCUMENTS\CONSTRUCTlON SCHEDULE. doc
16A8
f;XI-IIBIT "e"
Construction Documents
STP:41 0798:7
15
EXHIBIT "C"
Destin Development Plans & Specifications
Infrastructure Contract
Mission Hills Shopping Center
Plans prepared by Design Tech International entitled "PLAT IMPROVEMENT PLANS
(PPL), MISSION HILLS SHOPPING CENTER, COLLIER COUNTY, FLORIDA, NWC
VANDERBILT BEACH ROAD & COLLIER BOULEVARD (C.R. 951)"
Sheet Description Date Rev. No. Rev. Date
Cover Sheet
2 Notes
3 Site Plan
4 Paving, Grading & Drainage
5 Water & Sewer Plan
6 Stormwater PPP
7 Sanitary Sewer Profiles
8 Details Sheet
9 Details Sheet
10 Water & Sewer Details
11 Water & Sewer Details
12 Water & Sewer Details
PS-l Sanitary Pump Station
together with:
LOOP ROAD CONTRACT
Mission Hills Shopping Center
Plans prepared by Design Tech International entitled "OFFSITE ROADWAY PLANS,
VANDERBILT BEACH ROAD - COLLIER BOULEVARD (C.R. 951), MISSION HILLS
DRIVE - BUCKSTONE DRIVE, COLLIER COUNTY, FLORIDA"
Sheet Description Date Rev. No. Rev. Date
Cover Sheet N/ A
0-2 TYPICAL SECTIONS 03/08/04
0-3 ROADWAY PLANS 03/08/04
0-4 ROADWAY PLANS 03/08/04
0-5 ROADWAY PLANS 03/08/04
0-6 ROADWAY PLANS 03/08/04
0-7 RAODW A Y PLANS 03/08/04
0-8 DRAINAGE & UTILITY PLANS 03/08/04
0-9 DRAINAGE & UTILITY PLANS 03/08/04
0-10 DRAINAGE & UTILITY PLANS 03/08/04
0-11 DRAINAGE & UTILITY PLANS 03/08/04
0-12 DRAINAGE & UTILITY PLANS 03/08/04
0-13 SWPPP 03/08/04
0-14 SWPPP 03/08/04
0-15 SWPPP 03/08/04
0-16 DRAINAGE DETAILS 03/08/04
0-17 DRAINAGE DETAILS 02/24/04
0-18 WATER & SEWER DETAILS 03/08/04
EPl Electrical Photometric Plan 08/07/03
ES 1 Electrical Site Plan 08/07/03
ES2 Electrical Site Plan 08/07/03
ES3 Details & Schedules Plan 08/07/03
01/19/04
01/19/04
01/19/04
01/19/04
01/19/04
01/21/04
01/19/04
01/19/04
01/19/04
01/19/04
01/19/04
Feb. 2004
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
N/A
1
1
1
N/A
N/A
N/A
1
N/A
1
F:\Dev\Deslin\ Vanderbilt-Mission HilIs\BID DOCUMENTS\EXHIBIT.C.050404.doc
16A8
03/08/04
03/03/04
03/08/04
03/08/04
03/08/04
03/08/04
03/08/04
03/08/04
03/08/04
03/08/04
03/08/04
Feb. 2004
03/19/04
03/19/04
03/19/04
03/19/04
03/19/04
03/19/04
03/17/04
03/19/04
03/19/04
03/19/04
03/18/04
03/19/04
Exhibit "C" (continuedl
IbA8
LANDSCAPE & IRRIGATION PLANS(ji)
Plans prepared by Design Tech International entitled
"MISSION HILLS SHOPPING CENTER, SDP LANDSCAPEIIRRIGA TION PLANS"
Sheet
1 of 10
2 of 10
3 of 10
4 of 10
5 of 10
6 of 10
7 of 10
8 of 10
9 of 10
10 of 10
Description
Cover Sheet
Landscape SDP Plan
Landscape SDP Plan
Landscape Detail Planting Plans & Legends
Landscape Detail Planting Plans & Legends
Landscape Detail Planting Plans & Legends
Landscape Notes & Details
Irrigation Plan
Irrigation Plan
Irrigation Notes & Details
Date
Rev. No.
Rev. Date
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
01/27/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
03/22/04
1
1
1
1
1
1
1
1
1
1
(f) \(HJvdeci ~ +-he
L~l~(t:ife 60~<:6
,t1Clvded. It'l ~
e)<.+-(n+ ~+- -}-h.e -p -e ('" rfle+e r
~ hO tA,jf1 (j n -these. p \0 y?J are
de. C-,'nl hOt'l o?- S (H 0Lbr(
F:\Dev\Dcstin\Vanderbilt-Mission HiIIs\BID DOCUMENTS\EXHlBIT.C.OS0404.cIoc
F:\Dev\Destin\ Vanderbilt-Mission Hills\BID DOCUMENTS\Exhibit.C.Continued.OSOS04.doc
16A8
Exhibit "C" (continued)
CONSTRUCTION CONTRACTS
o Destin's Loop Road Construction Contract with Better Roads. Inc. dated April
30, 2004 entitled "Mission Hills Shopping Center - Loop Road Construction" on
an AlA Document AIOl-1997 Edition, Standard Form of Agreement Between
Owner and Contractor where the basis of the payment is a STIPULATED SUM
@ ~ IJ '''I.z.J o/Zq.OO
o Destin's Shovvine: Center Drivewav and Turn Lane Construction Contract with
Better Roads. Inc. dated April 30, 2004 entitled "Mission Hills Shopping Center
_ Driveway(s) & Turn-Lane(s) Construction" on an AlA Document AIOl-1997
Edition, Standard Form of Agreement Between Owner and Contractor where
the basis of the payment is a STIPULATED SUM @ $55,205.00.
o Destin's Shopvine: Center Sitework Construction Contract with Bonness. Inc.
dated April 30, 2004 entitled "Mission Hills Shopping Center - Infrastructure
(PPL) Construction" on an AlA Document AIOl-1997 Edition, Standard Form
of Agreement Between Owner and Contractor where the basis of the payment is
a STIPULATED SUM @ $1,293,487.00.
F:IDevIDestin\ Vanderbilt-Mission HillslBID DOCUMENTS\Exhibit.C.Continued.050S04.doc
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: COLLIER COUNTY, C/O
COLLIER COUNTY AITORNEY'S OFFICE
ADDRESS: 3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
PARCEL LD. # 35540320008
*** 3389803 OR~ 3552 PG: 4088 ***
RECCRDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
C4!30!2004 at lO:57AM DWIGHT E, BROCK, CLERK
REC FEE
COPIES
16 A9
6.00
1. 00
);lQ!"~.
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
SXT 7240
OWNER(S):
BAUDIUO DELEON
LUCllA FUNEZ
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That Collier County, a political subdivision of the State of Florida, the owner and
holder of a certain Second Mortgage executed by Baudillo DeLeon ajkja Bauldilio
De Leon ajkja Baudilio De Leon and Lucila Funez to Collier County, recorded
June 7, 2000 in Official Records Book 2683, Page 3065, of the Public Records of
Collier County, Florida, securing that certain note in the principal sum of Five
Thousand Dollars, and certain promises and obligations set forth in said
mortgage note, upon the following described property, situate and being in said
County and State, to wit:
Lots 15 and 16, GLENNDALE SUBDIVISION, according
to the plat thereof, recorded in Plat Book 2, page 102,
Public Records of Collier County, Florida
hereby acknowledges full satisfaction of said Second Mortgage, and surrenders
the same as canceled, and hereby directs the Clerk of the Circuit Court of Collier
County to cancel the same of record,
.................".."." ,
.' - - . tCC,f':l):\' , "
DAT~thl&~i.'day of
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: ~Gf1rE. BRQ~,:et€~k
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, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER cau , FLORIDA
L.
By:
DONNA
C inIan's
,1 < . Oft 1 J .
Approve as to form and
legal sufficiency:
T~~J---
Thomas C. almer
Assistant County Attorney
Item #\ loA CL
Agenday ~ ~ l.+-d
Date -.-hJ,
RESOLUTION NO. 2004-143
16
Ala
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 13 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:
c::>
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NAME: BENJAMSON, MARTIN I. & LILLIAN E.
....
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LEGAL DESCRIPTION: Lot 13 Block 224, Unit 6 Part 1, Golden Gate, according to the
Plat thereof recorded in Plat Book 9, Page 4, of the Public Records of Collier County,
Florida.
REFERENCE#: 2481
FOLIO #: 36385240009
....:I
-
COST: $255.00
C"'..J ~
ev>!i;
~ 8 to<: The County 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
c::oo ::: ~Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
~ :: ~to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned
ev> ~ :by the noted property owner(s) in Collier County.
c...> :x::
.. ~ ~
@5 ~ : This Resolution passed and duly adopted by the Board of County Commissioners of
r-- ~ ~ Collier County, Florida, this day of , 2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: if~, d~"t
Donna ala, Chairman
Item# I{PAl()
Agenda- LZ1 ",J
Date T . "1JT
Date I L '7 (...--1'\ d
Rec'd I~
F: L1EN/ MSTR RESOLUTION
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16 A 10
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
BENJAMSON, MARTIN I.
& LILLIAN E.
6300 York Av S #208
Edina, Mn. 55435
DATE:
REF. INV.# 2481
FOLIO #: 36385240009
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 13 Block 224, Unit 6 Part 1, Golden Gate, according to the
Plat thereof recorded in Plat Book 9, Page 4, 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 13, and constituted a violation of county
regulations on December 8, 2003, 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
~ BY - : C. ,
~ De~~~it\\c .. \'I.t~' s
~ ~ Approv~t~~'~~,..,
~ _ legal sufficiency:
~E:; ~ 0' -
~::a=~ V\I\ r~
~ a 5 =Thomas C. almer, .xssistant County Attorney
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RESOLUTION NO. 2004-144
16
Ala
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 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: DION, CHERYL L.
LEGAL DESCRIPTION: Unit 41, West Wind Mobile Home Estates, a Condominium,
according to the Declaration of Condominium thereof recorded in official record book 630 at
pages 1883 to 1932, inclusive, of the Public Records of Collier County, Florida
...:l
.....
COST: $255.00
FOLIO #: 81621640004
REFERENCE#: 2455
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
" '\
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DWIGBT ~..-BR.O.cI( GMrk'f,.
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BOARD OF COUNTY COMMISSIONERS
::LLlER~OR)~
Donna F ala, ChaIrman
Item # I <t, AI t')
Agenda Lf ~ ':l-\ .--i<V I
Date Q\ , VI
Dale q -- a~ 0<.\
Rec'd
F: LIENI MSTR RESOLUTION
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16 AID
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DION, CHERYL L.
101 Grassy Key Ln.
Naples, Fl. 34112-8403
DATE:
REF. INV.# 2455
FOLIO #: 81621640004
LIEN NUMBER:
LEGAL DESCRIPTION: Unit 41, West Wind Mobile Home Estates, a Condominium,
according to the Declaration of Condominium thereof recorded in official record book 630 at
pages 1883 to 1932, inclusive, 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, and constituted a violation of county regulations on
October 27, 2003, 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
RESOLUTION NO, 2004- 145
16
Ala
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 oftwelve percent (12%) per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 28 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: ENDRES, JOHN D.
LEGAL DESCRIPTION: Lot 28, Block 10, OF NAPLES PARK SUBDIVISION, Unit 1,
e according to the Plat thereof recorded in Plat Book 1, at Page 106, of the Public Records of
~ Collier County, Florida said land lying and being in the County of Collier and State of Florida
...
~ COST: $255.00
REFERENCE#: 2453
FOLIO #: 62418880009
'-0 ...:
~ ~ The County shall (by regular U.S. mail) mail a copy of this Resolution along with the
CV") ~ a Notice of Assessment of Lien to the owner(s) of the above-described property, If within twenty (20)
~ 5 cj days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the
~ 8 ti Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and
o
::g ~:; to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned
~ ~ ..Q by the noted property owner(s) in Collier County,
o e-
Co.>:Z::
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.. 0::; ......
~ ,..,. ~ This Resolution passed and duly adopted by the Board of County Commissioners of
~ ~ ~ Collier County, Florida, this _ day of , 2004.
-. .........
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~ ~ .: ATTEST:
.....~
CV") ~ ~ DWIGBT K'B.RQCK, Clerk
I~. '/"'1/';~~: <?.'C;,
J3'1;": J. " .
"'" ~:J : DeE~~:Y Clerk ; ~-:> ..
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= i= "Ap,pto~'.l.~"'~
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_. :: ~ ~homas . Palmer, 'Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
)4
BY:
Donna Fi la, Chairman
Item# \k8JD
F: LIEN/ MSTR RESOLUTION
Agenda~~-'~ I
Date ~
Date Y-ef6 {)4-
Rec'd
~'-
Deputy Cler
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16
Ala
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
ENDRES, JOHN D.
710 105th Ave N
Naples, Fl. 34108-1842
DATE:
REF. INV.# 2453
FOLIO#: 62418880009
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 28, Block 10, OF NAPLES PARK SUBDIVISION, Unit 1,
according to the Plat thereof recorded in Plat Book 1, at Page 106, of the Public Records of
Collier County, Florida said land lying and being in the County of Collier and State of 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 28, and constituted a violation of county
regulations on September 9, 2003, 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
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RESOLUTION NO. 2004-~
16
Ala
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 21 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: GLOVER, LIZZIE H.
LEGAL DESCRIPTION: Lot 21 of Block A, in the Bondurant subdivision at Immokalee,
Florida, as recorded in the Public Records of Collier County, Florida.
COST: $590.00
REFERENCE#: 2478
FOLIO #: 24370600006
The County 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
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 and duly adopted by the Board of County Commissioners of
Collier County, Florida, this _ day of , 2004.
BOARD OF COUNTY COMMISSIONERS
::LLIERC1J:R)~
Donna FI la, Chairman
.L -
Item # \ (p A LD
Agenda 4,.:11 i)L{-
Date Q\
F: LlEN/ MSTR RESOLUTION
p
16 A 10
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
GLOVER, LIZZIE H.
318 S 2nd ST
Immokalee, FI, 34142
DATE:
REF. INV.# 2478
FOLIO #: 24370600006
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 21 of Block A, in the Bondurant subdivision at Immokalee,
Florida, as recorded in 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 21, and constituted a violation of county
+:
+:
+: regulations on December 5, 2003, and ordered the abatement of a certain nuisance existing on the
cr.
~ above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon
('Y")
~ you. The nuisance is:
c:a....
~ LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF
~ LITTER, WASTE OR ABANDONED PROPERTY.
,:x; You have failed to timely abate such nuisance; whereupon, it was abated by the
c:::>
+:
+: expenditure of public funds at a direct cost of THREE-HUNDRED NINETY ($390.00) DOLLARS
+:
and an administrative cost of Two-Hundred ($200.00) dollars for a total of FIVE-HUNDRED
NINETY ($590.00) 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: LlENS/ MSTR LNAL
c:::> ~
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.. = g This Resolution passed and duly adopted by the Board of County Commissioners of
~ ~ ~ Collier County, Florida, this _ day of , 2004.
~ .... =-=
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RESOLUTION NO. 2004-147
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
16
Ala
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 21 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:
c:>
.....
NAME: GLOVER, LIZZIE H.
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LEGAL DESCRIPTION: Lot 21 of Block A, in the Bondurant subdivision at Immokalee,
Florida, as recorded in the Public Records of Collier County, Florida.
FOLIO #: 24370600006
REFERENCE#: 2474
COST: $255.00
The County 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
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,
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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C. Palmer, Assistant County Attorney
Item # '(p A 'C>
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F: LIEN! MSTR RESOLUTION
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16 All
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
GLOVER, LIZZIE H.
318 S 2nd ST
Immokalee, FI, 34142
DATE:
REF. INV.# 2474
FOLIO #: 24370600006
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 21 of Block A, in the Bondurant subdivision at Immokalee,
Florida, as recorded in 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 21, and constituted a violation of county
regulations on December 1, 2003, 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: LlENS/ MSTR LNAL
RESOLUTION NO. 2004-148
16
AI,Q
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 3, 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:
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NAME: GOMEZ, JESUS
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LEGAL DESCRIPTION: Lot 3, in block 14, of NAPLES MANOR ADDITION, according to
the plat thereof, as recorded in Plat Book 969, at Page 621, of the public records of Collier
County, Florida.
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COST: $255.00
REFERENCE#: 2499
FOLIO #: 62102840009
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.;;: :: ~ This Resolution passed and duly adopted by the Board of County Commissioners of
C> ~:: Collier Coupty" ~~orida, this _ day of , 2004,
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The County 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
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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER C*' FLOd _
BY: ~ ~
Donna Fiala, Chairman
Item# \vAlO
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Date i~~{)c.t
Rec'd
F: LIEN/ MSTR RESOLUTION
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16 A 10
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
GOMEZ, JESUS
6034 SW 27TH St.
Miami, Fl. 33155
DATE:
REF. INV.# 2499
FOLIO #: 62102840009
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 3, in block 14, of NAPLES MANOR ADDITION, according to
the plat thereof, as recorded in Plat Book 969, at Page 621, 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 3, and constituted a violation of county
regulations on January 20, 2004, 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: LIENSI MSTR LNAL
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g5 ~ ~ This Resolution passed and duly adopted by the Board of County Commissioners of
m ~ ~ Collier County, Florida, this _ day of , 2004.
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RESOLUTION NO, 2004-~
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
16
Ala
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) 9-11, 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: GRAY EST., CHARLIE MAE
WILLIE JAMES UNDERWOOD EST.
LEGAL DESCRIPTION: Lot(s) 9, 10 and 11 of Block 2, of that certain subdivision known as
MAIN LINE subdivision, as recorded in the public records of Collier County, Florida.
COST: $350.00
REFERENCE#: 2450
FOLIO #: 56402760002
The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ d&
Donna Fi la, Chairman
Item #
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16 Ala
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
GRAY EST., CHARLIE MAE
WILLIE JAMES UNDERWOOD EST.
PO BOX 452
Lehigh Acres, FI, 33970
DATE:
REF. INV.# 2450
FOLIO #: 56402760002
LIEN NUMBER:
LEGAL DESCRIPTION: Lot(s) 9, 10 and 11 of Block 2, of that certain subdivision known as
MAIN LINE subdivision, as recorded in 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(s) 9-11, and constituted a violation of county
regulations on October 3, 2003, 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 ONE-HUNDRED FIFTY ($150.00) DOLLARS and
an administrative cost of Two-Hundred ($200.00) dollars for a total of THREE-HUNDRED FIFTY
($350.00) 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
RESOLUTION NO. 2004-150
16
Ala
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 9, 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:
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NAME: LA RUE, CLAUDE E.
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LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the Plat
thereof, on me and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67
and 68, subject to three-fourths oil, gas and mineral rights reservation and subject to
restrictions, reservations and limitations of record.
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~ ~ !: This Resolution passed and duly adopted by the Board of County Commissioners of
~ ~; Collier County, Florida, this _ day of , 2004,
o:::ro Jg +>
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is _ D)ytqm:-J;.. ~C;K, Clerk
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.... 1eg'it.s,uff19tenoy:
__~~~ ~W\_ D~
~ 5:5 g:;Thomas C. Palm\;, Assistant County Attorney
e:x:U...-.411i1Q
COST: $255.00
REFERENCE#: 2485
FOLIO #: 62092120004
The County 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
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.
D.C,
"
BOARD OF COUNTY COMMISSIONERS
COLLIER czp,TY' FLOR'~
BY: ~
Donna Fiala, Chairman
Item # \ (p A \ D
Agenda t!,.:~') -(:)1 I
Date -~\
Date y...:l <( -oY
Rec'd
F: LIEN! MSTR RESOLUTION
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16 A 10
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
LA RUE, CLAUDE E.
7012 Chadwell Rd SW
Huntsville, AI. 35802
DA TE:
REF. INV.# 2485
FOLIO #: 62092120004
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the Plat
thereof, on me and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67
and 68, subject to three-fourths oil, gas and mineral rights reservation and subject to
restrictions, reservations and limitations of record.
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 9, and constituted a violation of county
regulations on December 15, 2003, 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
RESOLUTION NO. 2004-~
16
Ala
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 26, 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:
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NAME: MELENDEZ, MIRANDA
....
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LEGAL DESCRIPTION: Lot 26, Block 181, Unit 6, Part 1, GOLDEN GATE SUBDIVISION,
according to the Plat thereof recorded in Plat Book 9, at Page(s) 2, of the Public Records of
Collier County, Florida.
-"
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COST: $255.00
REFERENCE#: 2457
FOLIO #: 36371040006
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p::: -" ~ This Resolution passed and duly adopted by the Board of County Commissioners of
~ ~ ~ Collier County, Florida, this _ day of , 2004.
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:z: Approved as to g.rM <!nd
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~ - legal sufficiency: ~
~E -pM.
.. :: ~ ~Thomas C. Palme , Assistant County Attorney
0:: .... ....
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QJ .....:I :z:; &loci
CIlI::: It....) t-I IlIQ
The County 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
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:Donna1~an J~
Item# \lPA- \D
Agenda +crr-C4
Date
Date ~r-dS"t)~
Rec'd
F: LIENI MSTR RESOLUTION
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16 A 10
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
MELENDEZ, MIRANDA
181 NW 106th Ave
Pembroke Pines, Fl. 33026-0000
DATE:
REF. INV.# 2457
FOLIO#: 36371040006
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 26, Block 181, Unit 6, Part 1, GOLDEN GATE SUBDIVISION,
according to the Plat thereof recorded in Plat Book 9, at Page(s) 2, 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 26, and constituted a violation of county
regulations on November 5, 2003, 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
04/29/2004 15:41
PAGE 01
16 All
Official Receipt - Collier County Board of County Commissioners
23'34032343
CODE ENFORCEMENT
CDPR1103. Official Receipt
I Trans Number" 3e ~oate
4761 7~ .. " 4/29.12004 9:13:32 AM, 4/2912004
Payment Slip Nbr
MS 129325
~
SPRINGS. PAULA
LElYTROPICAL ESTATES UNIT 2 BlK 19l0T 1
Payor: SPRINGS
Fee Information
Fee Code Oescf' Ion
06LMCA LOT MOWING-ADMIN, FEE
~MCF JOT MOWING & CLEARING-PAINe!
GL Account
11113891134390800000
11113891.13439080000O
Total
Payments
===f= Amount I
. . $155.00_
l,pavrnent Code ~l Account/Check Number
. CHECK . ~476
Total Paid
L$1~~:~
I $~
Total Cash
Total Non-Cash
Memo:
payment in full for oode case 2003100052 received 4.22.2004
Cashier/location: GARRETT _S I 1
User: POWEAS_J
~
"PLE1\S E bo NOr
RtLOeD LtEN.
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Collier County Board of County CommiSSioners
CD-Plus for Windows 95/NT
Printed:4/29/2004 9:14;04 AM
RESOLUTION NO, 2004- 152
16 Ala
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 1, 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: SPRINGS, MATTHEW J. & PAULA A.
LEGAL DESCRIPTION: Lot 1, Block 19, LELY TROPICAL ESTATES, unit 2, according to
the Plat thereof recorded in Plat Book 10, Page 89, of the Public Records of Collier County,
Florida.
COST: $255.00
REFERENCE#: 2452
FOLIO #: 55502640007
The County 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
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.
ColliecCQWlty, Florida, this day of
.......... "1, -
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Approved'as to form and
legal sufficiency: (). I ____
~Vv\ ~
Thomas C. Palmer, Assistant County Attorney
This Resolution passed and duly adopted by the Board of County Commissioners of
,2004.
.D.L.
's
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
)~
Item# \ loA \ D
Agenda Ll- 2.:1-1'" l
Date ~l -\.Tl
F: LIEN/ MSTR RESOLUTION
Date L\- L~"'D4
Rec'd
~~
Deputy Cl
16 Ale
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
SPRINGS, MATTHEW J. & PAULA A.
440 25TH Street SW
Naples, F134117
DATE:
REF. INV.# 2452
FOLIO #: 55502640007
LIEN NUMBER:
LEGAL DESCRIPTION: Lot 1, Block 19, LELY TROPICAL ESTATES, unit 2, according to
the Plat thereof recorded in Plat Book 10, Page 89, 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 1, and constituted a violation of county
regulations on October 13, 2003, 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
16~ ,I J
MEMORANDUM
Date:
April 29, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-153
,Final approval for the final plat of "Habitat Village"
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A11), approved by the Board of
County Commissioners on Tuesday April 27, 2004.
The original document is being retained in our office for the
public record.
If you should have any questions, please contact me at:
732-2646, ext. 7240.
Thank you.
Enclosure
16Al1
RESOLUTION NO, 04- 153
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN HABIT A T
VILLAGE, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADW A Y,(PUBLlC)
DRAINAGE, AND WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HABITAT VILLAGE
HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 25, 2001 approved the plat of Habitat Village 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. 01-57); 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 Habitat
Village, 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 Habitat Village
Homeowner's Association. The County has accepted a roadway dedication recorded at
O.R. Book 3524, Page 0089, Public Records of Collier County,
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2004.
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ApprovM" as to 0 and legal
sufficiency:
.G ,
BOARD OF COUNTY COMMISSIONERS
::LLlliR~=OJd
DONNA FIALA, CHAIRMAN
Item # \lp A I \.-
=da~
=1 If-~ro~
16/12
MEMORANDUM
Date:
April 29, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-154
Final approval for the final plat of "Calumet
Reserve"
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A12), approved by the Board of
County Commissioners on Tuesday April 27, 2004.
The original document is being retained in our office for the
public record.
If you should have any questions, please contact me at:
732-2646, ext. 7240,
Thank you.
Enclosure
16A12
RESOLUTION NO, 04- 154
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN CALUMET
RESERVE, 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 CALUMET RESERVE
HOMEOWNERS ASSOCIATION,
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
October 22, 1996 approved the plat of Calumet Reserve 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, 01-57); 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 Calumet
Reserve, 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 Calumet Reserve
homeowners association.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2004.
DA TE:--"~.b211,,,j
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. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /(J___ _ .d4.~
DO~HA~AN
10
ounty Attorney
Item # )(0 A \ L
',' ~gendaL 1-7_J -N.l
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16/417
MEMORANDUM
Date:
April 29, 2004
To:
..
Cormac Giblin
Housing & Urban Improvement
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
The Interlocal Agreement(s) and local Housing
Assistance Plan (HAP) between Collier County and
the City of Naples
Attached please find one of the two original documents, as
referenced above, (Agenda Item #16A17), approved by the Board of
County Commissioners on Tuesday April 27, 2004.
Our office is forwarding one of the originals to be recorded, and have
asked them to provide you with a copy of the recorded document.
After recordin~ the second original agreement will be held in the
Minutes and Records Department for the official public record,
If you should have any questions, please call me at
732-2646, ext. 7240
Thank you.
Enclosure
---__.~_..~'__"Y~,_."_.___._~"_._~"___""~,.,_,_,..._~_"_~..,__<'__....__,."..__".,'_.,~..__,_"'____._
Ann p, Jennejohn
16Al?
To:
Subject:
Giblin, Cormac
County/Naples SHIP Program & LHAP Plan
Good Morning Cormac,
We have received another document (package) in our office to attest re: the above subject,
Agenda Item # 16A17 of the last BCC Meeting.
This actually has a Resolution and a booklet re: the program, I will go ahead and attest the
Resolution (No, 2004-155) and send you a certified copy of that document; the booklet I am
assuming is for the public record and will be kept in the backup documentation for that Item #
and meeting date (April 27,2004). Also, there are several exhibits (which we do not attest)
that are a part of this booklet, I will be attesting the actual Resolution, so the exhibits will, in
all actuality, be covered under the signature on Resolution No, 2004-155.
If you have any questions, please call me 732-2646, ext, 7240
Ann
Minutes & Records Department
1
MEMORANDUM
Date:
June 2, 2004
To:
Cormac Giblin, Manager
Housing Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Certification to the Florida Housing Finance Corporation,
LHAP Planl SHIP Program
BCC Meeting of April 27, 2004
Agenda Item #16A17, Exhibit D
As per your request, enclosed is the original Exhibit D, which was a part of the
LHAP and SHIP Programs approved by the Board of County Commissioners on
April 27, 2004 (Agenda Item #16A17). After this document is forwarded to the
appropriate parties, please return the fully executed document to the Minutes and
Records Department.
If you should have any questions, please contact me at
732-2646, ext. 7240
Thank you.
Enclosures
16A17
COlliER COUNTY
and
CITY of NAPLES, Fl
STATE HOUSING INITIATIVES PARTNERSHIP
{SHIP} PROGRAM
LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
For the State of Florida Fiscal Years
2004/2005, 2005/2006, and 2006/2007
Collier County Financial Administration and Housing Department
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Phone (239) 403-2330 . Fax (239) 403-2331
www.colliergov.net
1
SHIP AR02-1
t(Q ft 17
CERTIFICATION
For Implementation of
RegUlatory Reform Activities
Required by S.H,I.P,
On behalf of Collier County Government, I hereby certify that the following information is true
and accurate as of the date of submission.
1) Permits as defined in s.163 .3164(7) and (8)* for affordable housing projects are
expedited to a greater degree than other projects; and
2) There is an ongoing process for review oflocal policies, ordinances, regulations,
and plan provisions that increase the cost of housing prior to their adoption.
3) The cumulative cost per newly constructed housing per housing unit, from these
actions for **FY 05 is estimated to be $291.11.
4) The cumulative cost per rehabilitated housing per housing unit, from these actions
for **FY05 is estimated to be $0.00.
/\
~".- ',- ~-(
itness ->
Date 9- [-os-
ate 9- r -os:
.-J
~c~6 rf
Witnes
Date
OR
Date
Attest (Seal)
Note: This form will be utilized beginning with **FY 2003/2004.
AUIlQIi As to .~~I.S., Signature
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* 162.3164(7), ~l~~aa.,s.t~fi.1~~i::\~Development order" means any order granting, denying, or
granting with conditions:im application for a development permit. 163.3164(8), Florida Statutes:
"Development permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action oflocal
government having the effect of permitting the development of land.
16AI?
I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S.
A. Name of the participating local government and Interlocal if Applicable:
Section 420.9072(5),F.S.
Collier County.
Interlocal : Yes X No
Name of participating local government(s) in the Interlocal Agreement;
City 0 f Nap les.
A copy of the Interlocal Agreement is attached as Exhibit H.
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3). F.A.C.
Creation ofthe Plan is for the purpose of meeting the housing needs ofthe very
low, low and moderate income households, to expand production of and preserve
affordable housing, to further the housing element ofthe Collier County
comprehensive plan specific to affordable housing.
c. Fiscal years covered by the Plan: Chapter 67-37,002,F.A,C.
L 200412005
X 200512006
X 200612007
D. Governance: Chapter 67-37.005(3)and(5)(i)F.A.C. and Section 420.9071(14)F.S.
The SHIP Program is established in accordance with Section 420.907-9079,
Florida Statutes and Chapter 67-37.007 Florida Administrative Code.
The SHIP Program does further the housing element ofthe Collier County
Comprehensive Plan.
E. Local Housing Partnership Section 420.9072(l)(a), F.S.
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups.
Some of the active partners in Collier County are:
Collier County Banking Partnership
Collier County University of Florida Extension Service
Habitat for Humanity of Collier County
The Saint Matthews House Emergency Shelter
The Saint Matthews House Wolf Apartments Transitional Living Center
2
Collier County Housing Authority
Collier County Hunger and Homeless Coalition
Catholic Charities of Collier County
Collier County Housing Development Corporation
Collier County Loan Consortium
Shelter for Abused Women and Children
Empowerment Alliance of Southwest Florida
16Al?
F. Leveraging: Chapter 67-37.007(l)(b)(c), FA.C. and Ssection 420.9075(l)(a) and (l)(b3, and (l)(c), FS.
The Plans are intended to increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing. SHIP
funds may be leveraged with or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or
programs.
G. Public Input: Chapter 67-37.005(3), FA.C.
Public input was solicited through face to face meetings with housing providers,
social service providers, local lenders and neighborhood associations. Public input
was solicited through the local newspaper in the advertising of the Local Housing
Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach Chapter 67-37.005(6)(a), FA.C.
The county or eligible municipality or its administrative representative shall advertise
the notice of funding availability in a newspaper of general circulation and periodicals
serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the
application period. Ifno funding is available due to a waiting list, no notice of funding
availability is required.
I. Discrimination: Section 420.9075(3)( c), FS.
In accordance with the provisions of ss. 760.20-760.3 7, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C.
Support services are available from various sources. Available support services may
include but are not limited to: Homeownership Counseling (Pre and Post), Credit
Counseling, Tenant Counseling and Transportation.
K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% ofthe average area purchase price in the statistical
3
16Al?
area in which the eligible housing is located, Such average area purchase price
may be that calculated for any 12-month period beginning not earlier than the
fourth calendar year prior to the year in which the award occurs. The sales price
of new and existing units, which can be lower but may not exceed 90% ofthe median
area purchase price established by the U.S. Treasury Department or as described
above.
The methodology used by Collier County (local government) is:
Bond Study Numbers provided by Florida Housing Finance Corporation
Independent Study (copy attached)
l U.S. Treasury Department
The purchase price limit for:
New Homes: $254.250
Existing Homes: $254.250
L. Income Limits, Rent Limits and Affordability:
Chapter 67-3 7.005(5)(e). FA.C. .and Section 420.907 J (2), FS.
The Income and Rent Limits used in the SHIP Program are updated annually from
the Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071 (19), (20) and (28), F.S, However it
is not the intent to limit an individual household's ability to devote more than
30% of its income for housing, and housing for which a household devotes more
than 30% of its income shall be deemed Affordable if the first institutional
mortgage lender is satisfied that the household can afford mortgage payments in
excess ofthe 30% benchmark and in the case ofrental housing does not
exceed those rental limits adjusted for bedroom size.
M. Wages to Work: Chapter 67-37.005(6)(b)(7)FA.C.
Should a eligible sponsor be used, Collier County has developed a qualification
system and selection criteria for applications for Awards to eligible sponsors,
which includes a description that demonstrates how eligible sponsors that
employed personnel from the WAGES and Workforce Development Initiatives
programs will be given preference in the selection process.
N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (j), FS.
In the case ofrental housing, the staffor entity that has administrative authority
for implementing the local housing assistance plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another
governmental entity provides the same monitoring and determination, a
municipality, county or local housing financing authority may rely on such
monitoring and determination of tenant eligibility. However, any loan or
grant in the original amount of$3,000 or less shall not be subject to these
annual monitoring and determination of tenant eligibility requirements. Tenant
4
16A11
eligibility will be monitored for at least annually for 15 years or the term of
assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for
continued occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37.005(6)(j)3, F.A.C..
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an
annual basis for each State fiscal year submitted.
The Collier County Board of County Commissioners finds that the moneys deposited
in the local housing assistance trust fund shall be used to administer and implement the
local housing assistance plan. The cost of administering the plan may not exceed 5
percent of the local housing distribution moneys and program income deposited into
the trust fund. A county or an eligible municipality may not exceed the 5 percent
limitation on administrative costs, unless its governing body finds, by resolution, that 5
percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local housing
assistance plan. The cost of administering the program may not exceed 10 percent of
the local housing distribution plus 5% ofprogram income deposited into the trust
fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent of
program income for administrative costs.
Collier County has adopted the above findings in the attached resolution, Exhibit E.
II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C.
5
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A. Name of Strategy: Purchase Assistance
a. Summary of the Strategy: The Purchase Assistance Program assists first-time
homebuyers by paying a portion of their down payment and closing cost
expenses. Funds may also be used to cover a portion ofpermitting fees or
impact fees due on new construction. Buyers of existing units are also eligible
for additional emergency repair to the unit purchased. The program provides
second mortgages to eligible applicants to assist in the purchase (and repair if
applicable) of new or existing single-family homes, duplexes, condominiums,
townhouses, or DCA approved manufactured homes.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005, 2006, and 2007.
c. Income Categories to be served: Purchase assistance will be available only to
low and very-low income applicants.
d. Maximum award as noted on the Housing Delivery Goals Charts: $10,000 per
unit.
e. Terms, Recapture and Default: All purchase assistance loans will be secured
by second mortgages. The interest rate on the loans will be 0%. No payment
will be required until the property is sold, transferred, refinanced, or is no
longer the primary residence of the homebuyer. At that time the balance of the
loan will be recaptured.
f. Recipient Selection Criteria: Applications will be taken on a first-come / first-
served basis from all applicants meeting the following selection criteria:
The applicant must be a first-time homebuyer. A first-time homebuyer is
defined as anyone ofthe following: not having ownership interest in a home
during the past three years, a single parent with children under the age of 18
who has recently been divorced and displaced, a displaced victim of domestic
violence, or a person displaced as the result of some governmental action. The
home to be purchased must be located within the boundaries of Collier
County, FL.
The applicant must be pre-approved by the lender providing the first mortgage
for the purchase. The purchase price ofthe home may not exceed the
maximum sales price allowed in Collier County by the SHIP Program.
g. Additional Information: The purchase assistance program will partner the use
of SHIP funds with private sector first mortgages to provide homeownership
opportunities to low and very-low income first-time homebuyers in Collier
County.
6
16Jl] "
'I'"
B. Name ofthe Strategy: Rehabilitation: Owner-Occupied
a. Summary of the Strategy: The housing Rehabilitation: Owner-Occupied
program assists very-low income homeowners by providing loans to pay for
necessary repairs. All identified repair work must include the correction of
housing code violations and! or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during state fiscal years
2005, 2006, and 2007.
c. Income Categories to be served: This program will assist only very-low
income homeowners.
d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per
unit.
e. Terms, Recapture and Default: All loans will be secured by a second mortgage
payable to the County. The interest rate on the loans will be 0%. Loans will be
forgiven at a rate of33.3% every five years. No payment will be required until
the property is sold, transferred, or is no longer the primary residence of the
homebuyer. At that time the balance of the loan will be recaptured.
f. Recipient Selection Criteria: Applications will be taken on a first-cornel first
served basis. Loans will be given to only very-low income homeowners. The
appraised value of the home must not exceed the maximum sales price
allowed in Collier County by the SHIP Program.
g. Additional Information: In cases where the cost of repair exceeds the
maximum award available to the borrower SHIP funds will be leveraged by
the homeowner's own funds, CDBG funds, HOME funds, or other alternative
sources.
7
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c. Name ofthe Strategy: Land Acquisition
a. Summary ofthe Strategy: The land acquisition program is designed to facilitate
the acquisition of vacant land which will be developed for affordable housing
opportunities by offering loans to non-profit housing providers to acquire such
land. The Collier County Financial Administration and Housing Department may
also use this program to purchase land to be used for affordable housing.
b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2005,
2006, and 2007.
c. Income Categories to be served: The eventual beneficiary must be low or
very-low income, and be selected on a first come, first served basis.
d, Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per
unit.
e. Terms, Recapture and Default: Land acquisition program funds will be made
available by loans secured by a second mortgage placed on the property
acquired. Loans will be given for a maximum term of20 years with an interest
rate of 0%. Yearly payments will be required until the property is sold,
transferred, or is no longer used to provide housing for low andior very-low
income individuals, At that time the balance of the loan will be recaptured.
f. Recipient Selection Criteria: A non-profit housing provider wishing to receive
land acquisition with new construction funds will be evaluated competitively
on the following criteria:
Financial strength of the agency
The ability of the developer to complete the development with the established
timelines
The capacity ofthe developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Wages to Work
program.
g. Additional Information: The SHIP funds used in the land acquisition program
will be leveraged by several public and private sources. The non-profit
agencies receiving these loans will be constructing housing units on the land
acquired with funding secured elsewhere in the public and private sector.
8
./.61111
D. Name of the Strategy: Demolition
a. Summary of the Strategy: Through the demolition with new construction
program low and very-low income homeowners of substandard housing may
receive a deferred payment loan to pay for the demolition of substandard
housing units found not to be cost effective or possible to rehabilitate.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005,2006, and 2007.
c. Income Categories to be served: Participants in this program must be low or
very-low income.
d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per
unit.
e. Terms, Recapture and Default: All loans will be secured by a second mortgage
payable to the County. The interest rate on the loans will be 0%. No payment
will be required until the property is sold, transferred, or is no longer the
primary residence of the homebuyer. At that time the balance ofthe loan will
be recaptured.
f, Recipient Selection Criteria: Applications will be taken on a first-cornel first
served basis. Loans will be given to only low and very-low income
homeowners. The appraised value of the home must not exceed the maximum
sales price allowed in Collier County by the SHIP Program.
g. Additional Information: In cases where the cost of demolition exceeds the
maximum award available to the borrower SHIP funds used in the strategy
will be leveraged by the homeowner's own funds. SHIP funds will also be
leveraged by the homeowner's new first mortgage when the new home is
built. Recipients ofloans from this strategy may also qualify for SHIP
purchase assistance program.
9
...--.-...."....---...-......"---.....- - . ~ '-'-""--'--'-"'~"-'"'
.l6Al?
E. Name of the Strategy: Special Needs Housing
a. Summary of the Strategy: Through the special needs housing strategy down
payment, land acquisition, or development assistance loans may be awarded to
non-profit organizations serving special needs clients for the purchase or
development of homes, apartments, or land.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005,2006, and 2007.
c. Income Categories to be served: The eventual beneficiary must be low or
very-low income, and be selected on a first come first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/unit.
e. Terms, Recapture and Default: Special needs housing funds will be made
available by loans secured by a second mortgage placed on the property
acquired. Loans will be given for a maximum term of20 years. The interest
rate on loans will range from 0% to 5%, and will be based on factors
including: need of the organization, the organization's ability to repay, and
non-profit or profit status of the organization. Yearly payments will be
required until the property is sold, transferred, or is no longer used to provide
housing for low and/or very-low income individuals. At that time the balance
of the loan will be recaptured. Units will be monitored for a period of 15 years
per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale
and First Right of Refusal for Affordable Housing will be given to Eligible
Sponsors as noted in Section 420.9075 (4)(f) Florida Statues.
f. Recipient Selection Criteria: A non-profit housing provider wishing to receive
special needs housing funds will be evaluated competitively on the following
criteria:
Financial strength ofthe agency
The ability of the developer to complete the development with the established
time lines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
g. Additional Information: The SHIP funds used in the special needs housing
program will be leveraged by several public and private sources. The non-
profit agencies receiving these loans will be constructing housing units on the
lands with funding secured elsewhere in the public and private sector.
10
_.~_.._,..... ""_. . .._......_M'_._'_".."._~_._,____.~."_
16Al?
F. Name of the Strategy: Housing Rehabilitation: Rental
a. Summary of the Strategy: The housing rehabilitation: rental program assists
non-profit housing providers by providing loans to pay for necessary repairs.
All identified repair work will include the correction of housing code
violations andl or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during state fiscal years
2005, 2006, and 2007.
c, Income Categories to be served: This program will assist only non-profit
housing providers who provide housing to low andlor very-low income
tenants on a first come, first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts:$3,000/unit.
e. Terms, Recapture and Default: All loans will be secured by a second
mortgage payable to the County. Loans will be given for a maximum term of
20 years. The interest rate on loans will range from 0% to 5%, and will be
based on factors including: need of the organization, the organization's ability
to repay, and non-profit or profit status of the organization. Yearly payments
will be required until the property is sold, transferred, or is no longer used to
provide housing for low andlor very-low income individuals. At that time the
balance of the loan will be recaptured, Units will be monitored for a period of
15 years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative
Code. Resale and First Right of Refusal for Affordable Housing will be given
to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues.
f. Recipient Selection Criteria: A non-profit housing provider wishing to receive
rehabilitation- rental funds will be evaluated competitively on the following:
Financial strength of the agency
Ability of the developer to complete the development with the established
time lines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Wages to Work
program.
g. Additional Information: SHIP funds will be leveraged by the non-profit
housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP
funds used the non-profit housing provider must contribute $2,
11
-VIiJ.?
16A17
G. Name of the Strategy: Disaster Relief
a. Summary ofthe Strategy: The disaster relief program offers loans to low and
very-low income homeowners whose homes need repair to correct life
threatening, health and safety defects after a natural disaster, Corrections will
also be made in order to alleviate exposure to natural environmental elements.
b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years
2005, 2006, and 2007.
c. Income Categories to be served: All recipients in this program must be low or
very-low income.
d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per
unit.
e. Terms, Recapture and Default: All loans will be secured by a second
mortgage payable to the County. The interest rate on the loans will be 0%. No
payment will be required until the property is sold, transferred, refinanced, or
is no longer the primary residence of the homebuyer. At that time the balance
of the loan will be recaptured.
f. Recipient Selection Criteria: Applications will be taken on a first-cornel first
served basis. Loans will be given to only low and very-low income
homeowners. The appraised value ofthe home must not exceed the maximum
sales price allowed in Collier County by the SHIP Program, All units assisted
must have life threatening, health and/or safety defects. Corrections will also
be made in order to alleviate exposure to natural environmental elements.
g. Additional Information: In cases where the cost of repair exceeds the
maximum award available to the borrower SHIP funds will be leveraged by
the homeowner's own funds. Repair may also be leveraged by homeowner's
insurance, the homeowner's first mortgage, and any equity amassed in the
home.
12
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III. LHAP INCENTIVE STRATEGIES
Section 420.9071 (J 6), F.S.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects.
a. Established policy and procedures: Collier County Resolution No. 2004-_
adopted April 27th, 2004, speeds the rezone, approval, and permitting of
developments for affordable housing.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review oflocal policies, ordinances, regulations
and plan provisions that increase the cost of housing prior to their adoption.
a. Established policy and procedures: The executive summary system used by
the Collier County Board of County Commissioners serves as a process for an
going review of items seeking Board action that may affect affordable
housing. Every County Ordinance, Resolution, Contract, Bid, Award,
Agreement, and Policy must have an executive summary attached which is
reviewed as to its effect on affordable housing.
13
IV.
EXHIBITS:
l~l#.,_
1641?
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) FA.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005), F.A.C.
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Chapter 67-37.005(7), FA.C.
Signed Certification is attached as Exhibit D.
E. Adopting Resolution: Section 420.9072(2)(b)2, FS.
Original signed, dated, witnessed or attested adopting resolution is attached as
Exhibit E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: Section 420.9072(3)(a), FS.
lfchanged from the original ordinance, a copy is attached as Exhibit G. - N/A
H. Interlocal Agreement: Section 420.9072, FS.
A copy of the lnterlocal Agreement is attached as Exhibit H.
14
16Al?
EXHIBIT A- ADMINISTRATIVE BUDGET
A. The responsible entity for administration of this program is the Collier County Financial
Administration and Housing Department. The F AH Director shall have the authority to fully
administer the SHIP program within the constraints ofthis plan.
B. The Collier County Financial Administration and Housing Department will use 10% ofthe
SHIP funds for the administration ofthe program.
C. Breakdown of the administrative budget for the Collier County SHIP program State-Fiscal
Years 2005, 2006, & 2007 is as follows:
Salaries & Benefits
S upp lies
Training
Advertising
Professional Services
Other Equipment
Office Rent! Utilities
FY2005
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
TOTAL
$212,000
FY2006
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
$212,000
15
FY2007
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
$212,000
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16A17
16A17
Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County
(1) The local government will advertise the availability ofSffiP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection ofrecipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
1
October 2003
16Al?
Page 2
Certification
Exhibit D
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (Lll-ITC) Program shaIfcomply with the income, affordabilityand other LllITC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(19) The prnvt~iotls~ Chapter 83-220, Laws of Florida _has or ~ has not
be'€' 'lh1.~_.d'I" .;
: "'~ .L~1F~~.. 'r;
-=- .,,' ..' '," ..;, 4" f",
- . ~~ . _. ..... ~~.,.
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. . .; ..~:. :"'".:-, -,1/ I ..,:> 4.. ~/"
.~' .;" ~. ~ 't'~\l '" ,.,;" ..~~ '~,~~.
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"'. -
.L .
~~A < d "-~
Chief' lected Official or designee
DONNA FIALA. CHAIRMAN
Type Name and Title
Date
APPROVED AS TO FORM AND LEGAL
:p~:~
PATRICK G. WHITE
ASSISTANT COUNTY ATTORNEY
2
October 2003
RESOLUTION NO, 2004-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR
FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007 AS
REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM
A WARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS
OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN
AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP
ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING
FINANCE CORPORATION FOR REVIEW AND APPROVAL;
AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS;
APPROVING THE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES; AND
APPROVING THE EFFECTIVE DATES,
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq" Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for 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, the Board of County Commissioners of Collier County Florida
enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier
County Local Housing Assistance Plan; and
WHEREAS, through Resolution No. 93-159 the Board of County Commissioners
adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP
funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and
WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local
governments must develop a new one to three year Local Housing Assistance Plan
outlining the local government's use of SHIP Funds; and
Page 1 of3
16Al?
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 Act limits the administrative costs of the Local Housing
Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of
County Commissioners, by this resolution, increases the percentage to a maximum of ten
percent (10%); and
WHEREAS, it is in the best interest of Collier County to qualify for the SHIP
Funds, and all action taken by the County in furtherance of such qualification is for a
valid County purpose.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that:
I. The Board of County Commissioners hereby approves the Three Year
Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007.
2. The maximum award schedule for SHIP Funds under the Local Housing
Assistance Program shall be $15,000 per eligible unit.
3. The average cost per unit for eligible housing benefiting from SHIP
Awards shall be $100,000,
4, The maximum cost per unit for eligible housing benefiting from awards
made pursuant to the SHIP program shall not exceed $254,250 for new and existing
eligible housing units as mandated by the D.S, Treasury Department.
5, The annual administration costs of the Local Housing Assistance Program
shall be maintained at ten percent (10%) of the local SHIP allocation.
6. The Chairman of the Board of County Commissioners is authorized to
submit the Local Housing Assistance Plan, a copy of which is attached hereto and made
part hereof, to the State of Florida Housing Finance Corporation for its review and
approval.
Page 2 of3
16A17
16Al?
7, The Chairman of the Board of County Commissioners is authorized to
execute the certifications annexed to the Housing Assistance Plan on behalf of the
County,
8, The Chairman of the Board of County Commissioners is hereby
authorized to execute the Interlocal Agreement between Collier County and the City of
Naples adopting the Parties' implementation of the Local Housing Assistance Plan
adopted herein by reference,
9. The Board hereby adopts as its policy in compliance with sec. 420.9701
(16), F,S., a program to be administered by County staff that will assure that permits as
defined in s. 163,3164 (7) and (8), F.S., for affordable housing projects are expedited to a
greater degree than other projects and permits,
10, This Resolution shall take effect immediately upon its adoption.
This Resolution adopted after motion, second, and majority vote favoring same.
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
ATTEST:
By:
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
~
ASSIST ANT COUNTY ATTORNEY
Page 3 of3
16A17
Exhibit F
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
INFORMATION SHEET
LOCAL GOVERNMENT: Collier County
CHIEF ELECTED OFFICIAL (Mayor, Chairman, ete,): Donna Fiala, Chairman
ADDRESS: 3301 Tamiami Trail South
Naples. FL 34112
SHIP ADMINISTRATOR: Cormac Giblin
ADDRESS: 2800 North Horseshoe Drive Naples, FL 34104
TELEPHONE:(239) 403-2330
FAX:(239 ) 403-2331
EMAIL ADDRESS:cormacgiblin@colliergov.net
ADDITIONAL SHIP CONTACTS: Lauren Beard. Wendy Klopf. Denton Baker
ADDRESS: Same as above.
EMAIL ADDRESS:LaurenBeard@colliergov.net.WendyKlopf@colliergov.net.
DentonBaker@colliergov.net
INTERLOCAL AGREEMENT: YES: City of Naples
The following information must be furnished to the Corporation before any funds can be disbursed.
LOCAL GOVERNMENT EMPLOYER FEDERAL ill NUMBER:
MAIL DISBURSEMENT TO:
ADDRESS:
OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM:
X: NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED,
Provide any additional updates the Corporation should be aware of In the space below:
Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N, BRONOUGH ST, STE 5000
TALLAHASSEE, FL 32301 Fax: (850) 922-7253
16 Al ?
Exhibit H.
Collier County
Local Housing Assistance Plan
FY 2005, 2006, and 2007
INTERLOCAL AGREEMENT
TIDS INTERLOCAL AGREEMENT made and entered into this
day of
April, 2004 by and between Collier County, a political subdivision of the State of Florida,
acting by and through its Board of County Commissioners (the "County") and the City of
Naples, a municipal corporation created and existing under the laws of the State of
Florida, acting by and through its City Council ("City"):
WITNESSETH:
WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing
Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to the County and eligible
municipalities within the County pursuant to an interlocal agreement; and
WHEREAS, Collier County is an approved County and the City of Naples is an
eligible municipality within the County; and
WHEREAS, the County and City desire to distribute SHIP allocations pursuant
to this Interlocal Agreement; and
WHEREAS, the County and the City have detennined the SHIP funds can be
more effectively and efficiently utilized and managed when the County and City work
cooperatively to address the community's affordable housing needs,
16Al?
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
covenants and agreements hereinafter set forth, the parties hereto agree as follows:
1. The City and the County do hereby agree that the monies in the Fund
which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall
be allocated between the County and City as follows:
City 9.28%
County 90.72%
For Fiscal Year, 2004-05 the State allocated 9.28% of the SHIP funds to the City and
90.72% to the County. Therefore, no less than 9.28% of the total allocation will be
earmarked for the City of Naples in any given fiscal year. These percentages are based
upon the March 2004 SHIP program allocation distribution schedule. The City of Naples
may distribute a portion of its allocation to housing activities within the Urban Housing
Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier
County and the City of Naples.
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the distribution of
monies in the Fund which are to be allocated between the County and the City. This
lnterlocal Agreement entered into this day of April, 2004 shall expire on the 30th
day of June, 2007, unless at such time the City and the County mutually agree to extend
this Agreement or terminate said Agreement under the provisions of Section 8.
2
16Al?
3. The City and the County direct the Florida Housing Finance Corporation
(the "Corporation") to distribute and allocate the monies in the Fund in accordance with
this Interlocal Agreement and authorize the Corporation to rely on their stated intent and
their authority to execute this Interlocal Agreement.
4. Provided this Interlocal Agreement remain effective between the City and
the County, both parties agree that they will not do anything to jeopardize the other
party's right to receive its allocation from the Fund.
5. The parties to this Agreement understand that the statute requires an
incentive plan for providing affordable housing and they agree to cooperate in ensuring
that the requirements and spirit of the statute are satisfied.
6. The parties to this Agreement recognize the contributions of the joint City/
County Affordable Housing Commission (ARC) and agree to appoint ARC members to
the Affordable Housing Advisory Committee. The County's Financial Administration
and Housing office will be responsible for the overall administration of the programs
assisted with SHIP funds and shall receive administration monies from the SHIP
allocation. Said administration allocation shall not exceed 10% of the total SHIP
allocation in accordance with 420.9075 (6) and County Resolution 2004-
. The
County will establish, administer, and audit a Local Housing Assistance Trust Fund in
accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition,
the County will submit the required annual report on behalf of the interlocal entities.
3
16Al?
7. If at any time during the term of this Interlocal Agreement, the City or the
County which are parties to this Interlocal Agreement believe that the intent of the parties
as set forth herein is not being accomplished, or that the terms of the Interlocal
Agreement are not fair, such entity may, upon the giving of ninety days written notice,
renegotiate the terms and provisions of this Interlocal Agreement to be effective on the
first day of the next fiscal year. If the parties are unable to so renegotiate the terms and
provisions of this Interlocal Agreement prior to the commencement of the next fiscal
year, the noticing party shall cease to be party to this Interlocal Agreement and this
Interlocal Agreement shall terminate and be of no further force or effect as to such party
and the funds shall be allocated according to population pursuant to Section 420.9072 (9)
and Section 420.9073, Florida Statues.
8. If either party shall cease to be eligible for allocation and distribution,
such party's allocation of the funds shall remain in the Fund to be used by the
Corporation.
9. For all purposes of this Interlocal Agreement, the term "Interlocal
Agreement" shall mean this Interlocal Agreement.
10. Both parties acknowledge the SHIP enabling legislation, the rules
promulgated to implement same, and that the Statute and the rules are incorporated herein
as if they were reprinted.
4
16Al?
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL
~~
PATRICK G. WHITE
ASSISTANT COUNTY ATfORNEY
DATED:
A TrEST:
, CITY CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
, CITY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
DONNA FIALA, CHAIRMAN
CITY OF NAPLES, a municipal
corporation
By:
BILL BARNETT , MAYOR
5
16 AI1
RESOLUTION NO. 2004- 155
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR
FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007 AS
REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM
AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS
OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN
AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP
ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING
FINANCE CORPORATION FOR REVIEW AND APPROVAL;
AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS;
APPROVING THE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES; AND
APPROVING THE EFFECTIVE DATES.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for 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, the Board of County Commissioners of Collier County Florida
enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier
County Local Housing Assistance Plan; and
WHEREAS, through Resolution No. 93-159 the Board of County Commissioners
adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP
funds for fiscal years 1992-1993,1993-1994, and 1994-1995; and
WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local
governments must develop a new one to three year Local Housing Assistance Plan
outlining the local government's use of SHIP Funds; and
Page 1 of3
16A17
I,
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 Act limits the administrative costs of the Local Housing
Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of
County Commissioners, by this resolution, increases the percentage to a maximum of ten
percent (10%); and
WHEREAS, it is in the best interest of Collier County to qualify for the SHIP
Funds, and all action taken by the County in furtherance of such qualification is for a
valid County purpose.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that:
1. The Board of County Commissioners hereby approves the Three Year
Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007.
2. The maximum award schedule for SHIP Funds under the Local Housing
Assistance Program shall be $15,000 per eligible unit.
3. The average cost per unit for eligible housing benefiting from SHIP
Awards shall be $100,000.
4. The maximum cost per unit for eligible housing benefiting from awards
made pursuant to the SHIP program shall not exceed $254,250 for new and existing
eligible housing units as mandated by the U.S. Treasury Department.
5. The annual administration costs of the Local Housing Assistance Program
shall be maintained at ten percent (10%) of the local SHIP allocation.
6. The Chairman of the Board of County Commissioners is authorized to
submit the Local Housing Assistance Plan, a copy of which is attached hereto and made
part hereof, to the State of Florida Housing Finance Corporation for its review and
approval.
Page 2 of3
16A17
7. The Chairman of the Board of County Commissioners is authorized to
execute the certifications annexed to the Housing Assistance Plan on behalf of the
County.
8. The Chairman of the Board of County Commissioners is hereby
authorized to execute the Interlocal Agreement between Collier County and the City of
Naples adopting the Parties' implementation of the Local Housing Assistance Plan
adopted herein by reference.
9. The Board hereby adopts as its policy in compliance with sec. 420.9701
(16), F .S., a program to be administered by County staff that will assure that permits as
defined in s. 163.3164 (7) and (8), F.S., for affordable housing projects are expedited to a
greater degree than other projects and permits.
10. This Resolution shall take effect immediately upon its adoption.
This Resolution adopted after motion, second, and majority vote favoring same.
DATED>~-"3D -0'-1
"
,rhc-:;\1t3 . f'>:"rl \ I,
- """," ~'"Y
, A )fES;r ' , . ,~:~h ",
; l.-::i/~,t? : ~:'~'~,'
t} -. """" ' u,~
~? ~;f6m:' ~' ; CLE
U';~J ,~/'-'-'~'" 1)
, ';" ..~~_... '-I
, <.:" "" ,---__I " ,
, ,,~""'~d FORM AND LEGAL
SUm{:~ENty :
~e~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
)~
By:
ASSISTANT COUNTY ATTORNEY
Item# L~A rJ
~~~~d<l+. J7-D~
Date '-I'" ()s'''0 L{-
Rec'd
Page 3 of3
Retr.:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
Exr 7~40
3389755 OR: 3552 PG: 3995
RECORDED In the OFFICIAL RECORDS of COLLIER COUNTY, PL
04(30/2004 at 10:49AK DWIGHT B. BROCK, CLBRK
RBC PEB
COPIES
16
24.00
5.00
Al ?
Exhibit H.
Collier County
Local Housing Assistance Plan
FY 2005, 2006, and 2007
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into this JJs-r day of
April, 2004 by and between Collier County, a political subdivision of the State of Florida,
acting by and through its Board of County Commissioners (the "County") and the City of
Naples, a municipal corporation created and existing under the laws of the State of
Florida, acting by and through its City Council ("City"):
WITNESSETH:
WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing
Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to the County and eligible
municipalities within the County pursuant to an interlocal agreement; and
WHEREAS, Collier County is an approved County and the City of Naples is an
eligible municipality within the County; and
WHEREAS, the County and City desire to distribute SHIP allocations pursuant
to this Interlocal Agreement; and
WHEREAS, the County and the City have determined the SHIP funds can be
more effectively and efficiently utilized and managed when the County and City work
cooperatively to address the community's affordable housing needs.
16 Al 7
OR: 3552 PG: 3996
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
covenants and agreements hereinafter set forth, the parties hereto agree as follows:
1. The City and the County do hereby agree that the monies in the Fund
which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall
be allocated between the County and City as follows:
City
9.28%
County
90.72%
For Fiscal Year, 2004-05 the State allocated 9.28% of the SHIP funds to the City and
90.72% to the County. Therefore, no less than 9.28% of the total allocation will be
earmarked for the City of Naples in any given fiscal year. These percentages are based
upon the March 2004 SHIP program allocation distribution schedule. The City of Naples
may distribute a portion of its allocation to housing activities within the Urban Housing
Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier
County and the City of Naples.
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the distribution of
monies in the Fund which are to be allocated between the County and the City. This
Interlocal Agreement entered into this tJ./sr day of April, 2004 shall expire on the 30th
day of June, 2007, unless at such time the City and the County mutually agree to extend
this Agreement or terminate said Agreement under the provisions of Section 8,
2
OR: 3552 PG.: )997
L6 AI i
3. The City and the County direct the Florida Housing Finance Corporation
(the "Corporation") to distribute and allocate the monies in the Fund in accordance with
this Interlocal Agreement and authorize the Corporation to rely on their stated intent and
their authority to execute this Interlocal Agreement.
4. Provided this Interlocal Agreement remain effective between the City and
the County, both parties agree that they will not do anything to jeopardize the other
party's right to receive its allocation from the Fund.
5. The parties to this Agreement understand that the statute reqUIres an
incentive plan for providing affordable housing and they agree to cooperate in ensuring
that the requirements and spirit of the statute are satisfied.
6. The parties to this Agreement recognize the contributions of the joint City/
County Affordable Housing Commission (ARC) and agree to appoint ARC members to
the Affordable Housing Advisory Committee. The County's Financial Administration
and Housing office will be responsible for the overall administration of the programs
assisted with SHIP funds and shall receive administration monies from the SHIP
allocation. Said administration allocation shall not exceed 10% of the total SHIP
allocation in accordance with 420.9075 (6) and County Resolution 2004-
. The
County will establish, administer, and audit a Local Housing Assistance Trust Fund in
accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition,
the County will submit the required annual report on behalf of the interlocal entities.
3
OR: 3552 PG: 3998
16 Al 7
7. If at any time during the term of this Interlocal Agreement, the City or the
County which are parties to this Interlocal Agreement believe that the intent of the parties
as set forth herein is not being accomplished, or that the terms of the Interlocal
Agreement are not fair, such entity may, upon the giving of ninety days written notice,
renegotiate the terms and provisions of this Interlocal Agreement to be effective on the
first day of the next fiscal year. If the parties are unable to so renegotiate the terms and
provisions of this Interlocal Agreement prior to the commencement of the next fiscal
year, the noticing party shall cease to be party to this Interlocal Agreement and this
Interlocal Agreement shall terminate and be of no further force or effect as to such party
and the funds shall be allocated according to population pursuant to Section 420.9072 (9)
and Section 420.9073, Florida Statues.
8. If either party shall cease to be eligible for allocation and distribution,
such party's allocation of the funds shall remain in the Fund to be used by the
Corporation.
9. For all purposes of this Interlocal Agreement, the term "Interlocal
Agreement" shall mean this Interlocal Agreement.
10. Both parties acknowledge the SHIP enabling legislation, the rules
promulgated to implement same, and that the Statute and the rules are incorporated herein
as if they were reprinted.
4
*** OR: 3552 PG: 3999 ***
16 Al 7
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
_ 'il;,
"Au'~i1~;!
DATS~;:':~~ ',vo (; '," I"
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I :." ..'\ 1.. . ,"1 . r2; ;
" . lit . .- ',' '2.:' -: 0 G
Dj, D~ ,.~E: . oc'" ~l:.-ERK .
" I.r; "-'t ~ \1,
, s1gnat~.,_11;- ,
APPROVED AS TO FORM AND LEGAL
~~
PATRICK G. WHITE
ASSISTANT COUNTY ATTORNEY
DATED: 'f-~~i
ATTEST:
~A~~.7l~~ I:::.
RA A. NOR AN ,C tc ERK
APPROVED AS TO FORM AND LEGAL
S~ICIENCYb .
, KJ J-- \) \J~
ROBERT D. PRITT , CITY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By' rg ~
DONNA F .RC\firt~
CITY OF NAPLES, a municipal
corporation
BY~.
BILL BARNETT , MAYOR
Item# l(R A-ll
Agenda L~Zl- '
Date
5
ITEM #16Bl
APRIL 27,2004
BCC-REGULAR MEETING
HAS NOT BEEN
RECEIVED IN THE
OFFICE OF MINUTES
AND RECORDS AS OF
MAY 16,2005
Date:
To:
From:
Re:
16
MEMORANDUM
May 11, 2004
Jeffery A. Klatzkow
Office of the County Attorney
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Easement Use Agreement between H. Albert Forero
and Maria C. Forero and Collier County.
Enclosed please find one (1) copy of the document as
referenced above (Agenda Item 16B2) approved by the Board of
County Commissioners on April 27/ 2004.
If you have any questions, please call 774-8411.
Thank you
Enclosure
82
16 ti2
MEMORANDUM
Date:
May 11 , 2004
To:
Norman Feder
Transportation Division Administrator
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Easement Use Agreement between H. Albert Forero and Maria C.
Forero and Collier County
Enclosed please find one (1) copy of document as referenced above (Agenda Item
#16B2), as approved by the Board of County Commissioners on April 27, 2004.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
16
82
EASEMENT USE AGREEMENT
This Easement Use Agreement (The "Agreement") is made as of this ") l:'i..day
of April, 2004, by and between H. ALBERT FORERO and MARIA C. FORERO
(hereinafter the "Foreros"), and COLLIER COUNTY (hereinafter "County").
WHEREAS, the Foreros are the current fee owners of that certain real property
known as Lot 1, Block E, Westlake, Unit No.2, according to the Plat as recorded in Plat
Book 10, Page 94, of the Public Records of Collier County, Florida (hereinafter the
"Subject Property"); and
WHEREAS, as set forth in Plat Book 10, Page 94, there is a 25 foot Public Utility
& Drainage Easement held by Collier County which burdens the southernmost portion of
the Subject Property (hereinafter the "Easement"); and
WHEREAS, the Foreros have constructed a cabana within the Easement, which
cabana is directly above an existing drainage grate and pipe; and
WHEREAS, the County has no present objection to the continued use of the
cabana within its Easement, provided that the Foreros agree to the terms and conditions
set forth below, which terms and conditions the Foreros agree to abide by.
NOW, THEREFORE, in consideration of the sum of$IO.OO and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties do hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. The Foreros will give the County whatever access the County requires to
maintain the existing drainage grate and pipe. The Foreros agree to waive any claim of
damage to the cabana arising out of the County's maintenance of the existing drainage
grate and pipe, whether such damage is intentional or unintentional.
3. The County agrees that until otherwise notified, the Foreros may continue the
use ofthe cabana within the Easement. The County retains the right, however, in its sole
discretion, to demand by written request that the cabana be removed from the Easement,
which the Foreros will do at their sole cost and expense within a reasonable time from
receipt of such request.
4. This Easement Use Agreement shall be recorded in the Public Records of
Collier County, Florida, at the Foreros' sole cost and expense. This Agreement is
intended to bind the parties, together with their respective successors, assigns and heirs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
3407904 OR: 3572 PG: 0446
RlCORDBD in OffICIAL RBCORDS of COLLIBR COUNTY, fL
OS/25/2004 at 03:06PM DWIGHT B. BROCK, CLBRK
RBC fBE 10.50
DOC-.70 .70
COPIBS 2.00
Retn:
CLBRK TO 'HB BOARD
INTBROffICB 4TH fLOOR
BI' 8406
'J. l... 8 2
.,-lJ
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIG~;;~~,~~~~,~lerk COLLIER C~OUNTY' FLORId;DA
... "r~"'1l"" ........... 01\."'" ".
_:::'~~: .... '~"? '. ' f-. _ /
:~'dfitO..,.,. ...... By: ~ ~,;
iitt , 5"! l)>~};'1'><:~ Donna Fi 'I., Chairman
-..'.., .r""...,..,'...' ."."=.' . ....=.., ".,' .... ~_._.n's
;. A ~ >' .:' t" +;~'~:_... , .,~ :.~., \PI,. I"' ""1
WI~~' ,'-' ~.l'\L1~'~' ~'0I11-
~l~',:,~ ~ .-;.; h , .,.~.....~~.~,,:'......- "
~J- ,/ '
~. ;,.-' . ~.'
1 ness ature)
Print Name: ~~+ 13<Nc.f: J'7 "t.....
It {] titl7(' ,-
Witness (Sig~ .
Print Name: 1/, ~
(l{i~ ~~
"
, ~\0ru2Z((l6
~/
hiless (Signature)
Print Name: 14.)!?,.,t- bCVCJi'J.~~
Vv~ ~A7'
aria C. Forero
I c.. # 'f
Ut. .' (/71
Witness (S~)
Print Name: ' 'vJ({1
4l6-
~ _ f4'br UZ2.t no
=*
=*
=*
c:::>
:::t::'
STATE OF FLORIDA
COUNTY OF COLLIER
~
(J'I
--:J
~
~
C'l
The foregoing Easement Use Agreement was acknowledged before me, the
undersigned authority, on this 8> day of April, 2004, by H. Alb~rt Forero and Maria
Forero, who ( ) ar.e personally known to me or (vfproduced flOY1dll
I~ On "Ids LtC!.en~ as identification.
~CAA~
Notary Public/Stat~ .of~lorida. ~
Name: \ha.ila rMClLMl S
My Commission expires: 3( 181 08
c::::>
IoI==a
IoI==a
--:J
=*
=*
=*
Ap'
",.~t..",
.i,'lfl ~ KARLA MCCAMISH
i.! :~ MY COMMISSION # DO 300637
. '.i EXPIRES: March 16, 2008
Bonded Thru Notal',' Public UndolWrlters
Item #
Ib B t..
A,ge, nda l-I /1\7 /.. u
Dale ~l
~ ~~,ti), S 111 }D L1
~ t'SS (J. T
'=Jlh~
..
1685
MEMORANDUM
Date:
April 29, 2004
To:
Margaret Ramos
Adopt-A-Road Coordinator
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Agreements with:
Your Child Care
Harrison-Barry
First Assembly of God
Scott Gundeck, General Contractor
Enclosed please find one (1) copy of each document as referenced above (Agenda
Item #16B5), as approved by the Board of County Commissioners on April 27,
2004.
If you should have any questions, please call me at
732-2646, ext 7240
Thank you.
Enclosures (4)
1685
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this
~ day of \'\\,...J i.. '" ,2004, by and between Collier County, through its Transportation
Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer
group, FIRST ASSEMBLY OF GOD (hereinafter called the GROUP).
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for
litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the
effort of maintaining a litter-free Collier County.
WHEREAS, by signature below, the GROUP agree to adopt the segments of
roadway known as C.R. 951 from RATTLESNAKE-HAMMOCK ROAD TWO
MILES NORTH, and acknowledges the hazardous nature of picking up litter, and
agrees to the following terms and conditions:
THE GROUP SHALL:
1. Participants in the GROUP agree to obey and abide by all laws and regulations
relating to safety on a particular adopted roadway section.
2. Perform litter removal on the Adopted Roadway Section in accordance with
the Florida Department of Transportation's Accident prevention Manual, Safe Field
Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the
Florida Department of Transportation Design Roadway and Standard Index 601 and 602
(610 for interstate), all of which by this reference are incorporated herein.
3. Only allow such person to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participating youths
must be at least 14 years of age and the GROUP shall provide at least one adult
supervisor for every 5 youths, ages 14-17, who is participating in the litter removal
activity. There shall at all times be at least one person 18 years of age or older who is
generally responsible for supervising all litter removal activities.
4. Not bring persons to observe the activity if the person is under the age of 14 and
is not an official participant.
5. The GROUP shall conduct at least two safety procedure meetings per year for its
participating members. Participants must sign a hold harmless Agreement, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity
pursuant to this Agreement.
6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and
set up dates and times for their safety meetings.
7. Remove litter during good weather conditions only.
8. The GROUP shall perform litter-pick-up on one side of the road at a time.
9. Remove litter during daylight hours only.
10. Not pick up litter at construction sites, in tunnel or on median.
1685
'1
:~
11. The GROUP shall park all vehicles well clear ofthe adopted roadway and at least
20 feet from the edge of the payment.
12. The GROUP hereby adopts a section of road at least two miles long for a two-
year period, and pick up litter a minimum of once monthly.
13. The GROUP shall be required to pick up all litter when the appearance of the
adopted roadway section is objectionable.
14. The Group shall obtain required supplies and material from the County.
15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP
during trash pickups.
16. The GROUP participants shall wear COUNTY supplied and approved safety
vests while on the road right-of-way.
17. Ensure that all participants wear safety vests at all times during the litter removal
activity. The local maintenance office should be contacted to obtain safety vests, traffic
control signs and litter collection bags at least five (5) days prior to litter removal activity
and return the same when activity is complete.
18. Not wear clothing, which will hinder the sight of participants.
19. The GROUP shall coordinate pickup details with the County's project coordinator
at least one week prior to a pickup.
20. The GROUP shall place filled trash bags at the adopted site sponsor signs for
pickup and disposal by the COUNTY as soon as possible thereafter.
21. After each pickup, the adopting GROUP coordinator will file a report detailing
the number of people involved, number of bags of litter collected, composition and
estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by
the COUNTY for making the reports and should be filed with the COUNTY project
coordinator.
22. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the organization, which
the volunteer group represents.
23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to
the COUNTY within two workdays following cleanup or, (2) with COUNTY
Coordinator's permission, be retained by the GROUP during Agreement period.
THE COUNTY SHALL:
1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs.
2. Provide GROUP with outline pertaining to safety regulations.
3. Remove the filled trash-bags as soon as possible after the pickup.
4. Remove litter from the adopted section only under unusual circumstances, i.e. to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for
keeping the area free oflitter.
If, in the sole Judgment ofthe County Project Coordinator, it is found that the
adopting GROUP is not meeting the terms and conditions of this Agreement, the The
adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no
longer able to meet the terms and conditions of the Agreement. In this event, the
1685
GROUP is responsible for immediately returning all County-owned materials to the
County project coordinator.
The COUNTY recognizes the GROUP as the adopting organization for the sections of
road known as C.R. 951 from Rattlesnake-Hammock Road for two miles north, and
the GROUP accepts the responsibility of picking up litter on this section of road and
promoting a litter-free environment in the community for a period beginning April 1,
2004 and ending March 31, 2006 (minimum of two years).
The GROUP covenants and agrees that it will indemnify and hold harmless
Collier County and ifs officers, agents and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, neglect or omission by the GROUP or by any
person performing litter removal as part of the GROUP during the performance of the
Agreement whether direct or indirect, and whether to any person or property to which
Collier County or said parties may be subject, except that neither the GROUP nor any of
its members shall be liable under this provision for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of
Collier County, and its officers, employees or agents.
The Agreement shall remain in effect until terminated. Collier County or
GROUP may terminate this Agreement for any reason upon 30 days notice.
This Agreement is for litter removal activities only. No beautification activities
are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date and year written above
COUNTY:
ATTE-8T:"" "', BOARD OF COUNTY COMMISSIONERS
~w]~:i'~.. ~~c~, Clerk OF COLLIER COUNTY, FLORIDA
_- l."J ,,' ,', ~" " ~
: _.-?,~:' :' ,:":,::'-"-) '..~.;\ , j
: "1: I.'" , I'i"'" .' '. ,
" 1Jy"" ~ \ I j'. .
~ ~~ :~. ~tt~~,",' .~. .' ..,e. By DODD '~rmaD~
", ...-......A.. ~ i- }'t.
I,. ',/_'.:'
... ..::~
fo./ f. _. .... \f"\
",..., ,.... .'~\\.
~.I:; 1,):'t *" ~...)") .-'
Item # IlL> B~
Agenda 11_ dl-l'\
Date'" U
(
//1
1685
GROUP:
GROUP: FI
BY
LYOFGOD :
,President
:1 . y) ('\ l/ \ {) M 1\ l \. rJ (2 \./"'"\
Group's President (print) \
-:f ~ V\. "E F\ A tA. "'" '"J
G.roup's Adopt-A-Roa~ Chr~rman (print) .
3~OS \ \'\r L(,q" LV,.. V\.. ty::r'''"')
Group's Adopt-A-Road Chairman's Address
J.?;it ~ 71 LPl b ')- l. ~., f:, /_ ",- ( ~-o t.(
Phone # (day) Phone # (night)
Approved as to form and legal sufficiency:
, . 1 Itl!)
/\ IJ _'~ (~JejJJ\S'Kl~'jr'v\_I\,:'-
Ja4queline Hubbard
As~tant County Attorney
--- ._-------,._-~
1685
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this
2- "'"Z-day of Ma~,2004, by and between Collier County, through its Transportation
Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer
group, SCOTT GUNDECK, GENERAL CONTRACTOR,. heinafter called the
"GROUP").
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for
litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the
effort of maintaining a litter-free Collier County.
WHEREAS, by signature below, the GROUP agree to adojt the segment of
roadway known as DESOTO BLVD. from 18TH AVE SE to 34T AVE SE.and
acknowledges the hazardous nature of picking up litter, and agrees to the following terms
and conditions:
THE GROUP SHALL:
1. Participants in the GROUP agree to obey and abide by all laws and regulations
relating to safety on a particular adopted roadway section.
2. Perform litter removal on the Adopted Roadway Section in accordance with
the Florida Department of Transportation's Accident prevention Manual, Safe Field
Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the
Florida Department of Transportation Design Roadway and Standard Index 601 and 602
(610 for interstate), all of which by this reference are incorporated herein.
3. Only allow such person to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participating youths
must be at least 14 years of age and the GROUP shall provide at least one adult
supervisor for every 5 youths, ages 14-17, who is participating in the litter removal
activity. There shall at all times be at least one person 18 years of age or older who is
generally responsible for supervising all litter removal activities.
4. Not bring persons to observe the activity ifthe person is under the age of 14 and
is not an official participant.
5. The GROUP shall conduct at least two safety procedure meetings per year for its
participating members. Participants must sign a hold harmless Agreement, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity
pursuant to this Agreement.
6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and
set up dates and times for their safety meetings.
7. Remove litter during good weather conditions only.
8. The GROUP shall perform litter-pick-up on one side ofthe road at a time.
16,85
9. Remove litter during daylight hours only.
10. Not pick up litter at construction sites, in tunnel or on median.
11. The GROUP shall park all vehicles well clear of the adopted roadway and at least
20 feet from the edge of the payment.
12. The GROUP hereby adopts a section of road at least two miles long for a two-
year period, and pick up litter a minimum of once monthly.
13. The GROUP shall be required to pick up all litter when the appearance of the
adopted roadway section is objectionable.
14. The Group shall obtain required supplies and material from the County.
15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP
during trash pickups.
16. The GROUP participants shall wear COUNTY supplied and approved safety
vests while on the road right-of-way.
17. Ensure that all participants wear safety vests at all times during the litter removal
activity. The local maintenance office should be contacted to obtain safety vests, traffic
control signs and litter collection bags at least five (5) days prior to litter removal activity
and return the same when activity is complete.
18. Not wear clothing, which will hinder the sight of participants.
19. The GROUP shall coordinate pickup details with the County's project coordinator
at least one week prior to a pickup.
20. The GROUP shall place filled trash bags at the adopted site sponsor signs for
pickup and disposal by the COUNTY as soon as possible thereafter.
21. After each pickup, the adopting GROUP coordinator will file a report detailing
the number of people involved, number of bags of litter collected, composition and
estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by
the COUNTY for making the reports and should be filed with the COUNTY project
coordinator.
22. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the organization, which
the volunteer group represents.
23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to
the COUNTY within two workdays following cleanup or, (2) with COUNTY
Coordinator's permission, be retained by the GROUP during Agreement period.
THE COUNTY SHALL:
1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs.
2. Provide GROUP with outline pertaining to safety regulations.
3. Remove the filled trash-bags as soon as possible after the pickup.
4. Remove litter from the adopted section only under unusual circumstances, i.e. to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for
keeping the area free of litter.
If, in the sole Judgment of the County Project Coordinator, it is found that the
adopting GROUP is not meeting the terms and conditions of this Agreement, the The
adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no
1685
longer able to meet the terms and conditions of the Agreement. In this event, the
GROUP is responsible for immediately returning all County-owned materials to the
County project coordinator.
The COUNTY recognizes the GROUP as the adoptin~ organization for the section of
road known as Desoto Blvd. from 18th Ave. SE to 34t Avenue SE and the GROUP
accepts the responsibility of picking up litter on this section of road and promoting a
litter-free environment in the community for a period beginning February 1,2004 and
ending January 31, 2006 (minimum of two years).
The GROUP covenants and agrees that it will indemnify and hold harmless
Collier County and ifs officers, agents and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, neglect or omission by the GROUP or by any
person performing litter removal as part of the GROUP during the performance ofthe
Agreement whether direct or indirect, and whether to any person or property to which
Collier County or said parties may be subject, except that neither the GROUP nor any of
its members shall be liable under this provision for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of
Collier County, and its officers, employees or agents.
The Agreement shall remain in effect until terminated. Collier County or
GROUP may terminate this Agreement for any reason upon 30 days notice.
This Agreement is for litter removal activities only. No beautification activities
are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date and year written above
COUN1:.V~" "" , ,
_---, ~, . \:C'i~f.C
_ ,~.". oW.
-.~ ....~.. . . '
AT:rV~l'~'" ...... "', ".
r>..:::..rff' ..-,...., 1" '
~ RJ1I't~',B1tOCK~CI~rk
~ ~ :"'< l\\1.':-, -i.....-~.. '~:.F\ t
r t""'." "..' '. \_." ".r....' .
,. (" : 4,i'~,> 'J"...' \ ' -<
~, ~'~ .~:~-: >~...;,~,y', .') .:' Ii,:. .
By.- ,/{
\"~e~ft~~. er~t~.s
slglatu'V'i ;<p.nj. -
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~, d4~
DO A ALA, Chairman
Item# \(oBC)
AgendaL{.--dl --c4
Date
g:~d +- ~~-o<4-
Dep". ~~
1685
GROUP:
GROUP: SCOTT GUNDECK, GENERAL
~~
S -1L G \ V ,President
C01( und e.C~
, Group's President (priD:t)
::"cC5if- G U VI r\ e'c (~
Group's Adopt-A-Road Chairman (print)
Lfq3q 2.0 ~ 5' ,t, U~J~~Fl Sq{(,
Group's Adopt-A-Road Chairman s A dress
(~1li) <6zc:; -Cfb0 c.. l7~q) 353 - 87 foC>
Phone # (day) Phone # (night)
1685
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this
_day of ,2004, by and between Collier County, through its Transportation
Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer
group, HARRISON-BARRY (heinafter called the "GROUP").
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for
litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the
effort of maintaining a litter-free Collier County.
WHEREAS, by signature below, the GROUP agree to adopt the segment of
roadway known as WEBER BOULEVARD, SOUTH and acknowledges the hazardous
nature of picking up litter, and agrees to the following terms and conditions:
THE GROUP SHALL:
1. Participants in the GROUP agree to obey and abide by all laws and regulations
relating to safety on a particular adopted roadway section.
2. Perform litter removal on the Adopted Roadway Section in accordance with
the Florida Department of Transportation's Accident prevention Manual, Safe Field
Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the
Florida Department of Transportation Design Roadway and Standard Index 601 and 602
(610 for interstate), all of which by this reference are incorporated herein.
3. Only allow such person to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participating youths
must be at least 14 years of age and the GROUP shall provide at least one adult
supervisor for every 5 youths, ages 14-17, who is participating in the litter removal
activity. There shall at all times be at least one person 18 years of age or older who is
generally responsible for supervising all litter removal activities.
4. Not bring persons to observe the activity if the person is under the age of 14 and
is not an official participant.
5. The GROUP shall conduct at least two safety procedure meetings per year for its
participating members. Participants must sign a hold harmless Agreement, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity
pursuant to this Agreement.
6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and
set up dates and times for their safety meetings.
7. Remove litter during good weather conditions only.
8. The GROUP shall perform litter-pick-up on one side of the road at a time.
9. Remove litter during daylight hours only.
10. Not pick up litter at construction sites, in tunnel or on median.
1685
11. The GROUP shall park all vehicles well clear of the adopted roadway and at least
20 feet from the edge of the payment.
12. The GROUP hereby adopts a section of road at least two miles long for a two-
year period, and pick up litter a minimum of once monthly.
13. The GROUP shall be required to pick up all litter when the appearance of the
adopted roadway section is objectionable.
14. The Group shall obtain required supplies and material from the County.
15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP
during trash pickups.
16. The GROUP participants shall wear COUNTY supplied and approved safety
vests while on the road right-of-way.
17. Ensure that all participants wear safety vests at all times during the litter removal
activity. The local maintenance office should be contacted to obtain safety vests, traffic
control signs and litter collection bags at least five (5) days prior to litter removal activity
and return the same when activity is complete.
18. Not wear clothing, which will hinder the sight of participants.
19. The GROUP shall coordinate pickup details with the County's project coordinator
at least one week prior to a pickup.
20. The GROUP shall place filled trash bags at the adopted site sponsor signs for
pickup and disposal by the COUNTY as soon as possible thereafter.
21. After each pickup, the adopting GROUP coordinator will file a report detailing
the number of people involved, number of bags of litter collected, composition and
estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by
the COUNTY for making the reports and should be filed with the COUNTY project
coordinator.
22. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the organization, which
the volunteer group represents.
23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to
the COUNTY within two workdays following cleanup or, (2) with COUNTY
Coordinator's permission, be retained by the GROUP during Agreement period.
THE COUNTY SHALL:
1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs.
2. Provide GROUP with outline pertaining to safety regulations.
3. Remove the filled trash-bags as soon as possible after the pickup.
4. Remove litter from the adopted section only under unusual circumstances, i.e. to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for
keeping the area free oflitter.
If, in the sole Judgment of the County Project Coordinator, it is found that the
adopting GROUP is not meeting the terms and conditions of this Agreement, the
COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or
cancel the program at any time.
1685
The adopting GROUP may also, upon 30 days notice, terminate this Agreement if
they are no longer able to meet the terms and conditions of the Agreement. In this event,
the GROUP is responsible for immediately returning all County-owned materials to the
County project coordinator.
The COUNTY recognizes the GROUP as the adopting organization for the section of
road known as Weber Boulevard, South and the GROUP accepts the responsibility of
picking up litter on this section of road and promoting a litter-free environment in the
community for a period beginning April 1 , 2004 and ending March 31, 2006 (minimum
of two years).
The GROUP covenants and agrees that it will indemnify and hold harmless
Collier County and its officers, agents and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, neglect or omission by the GROUP or by any
person performing litter removal as part of the GROUP during the performance of the
Agreement whether direct or indirect, and whether to any person or property to which
Collier County or said parties may be subject, except that neither the GROUP nor any of
its members shall be liable under this provision for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of
Collier County, and its officers, employees or agents.
The Agreement shall remain in effect until terminated. Collier County or
GROUP may terminate this Agreement for any reason upon 30 days notice.
This Agreement is for litter removal activities only. No beautification activities
are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date and year written above
COUNTY:
.c.
BOARD OF COUNTY COMMISSIONERS
::COLL~~':J:
DON A FIALA, Chairman
Item # rC:, AS
.C
OGle ti~L~~~
Hec'd
oY.<~L~O
Deputy k - ~
1685
GROUP:
GROU+.. SO. N-BARRY
BY:
,President
Group's President (print)
/J,/({~ ,;'( ~ 1-1,'1-<<., ~ is ,,1\1 ~ [J I/-R..fe 'f
Group's Adopt-A-Road Chairman (print)
/6 ( ",JEL?ci'':'' .jZi..VD .I::.,...v'((/-. A/k/JU!-d
Group's Adopt-A-Road Chairman's Address
tr5~-35S;7 'r55~-3~_~7
Phone # (day) Phone # (night)
Approved as to for,m and legal sufficiency:
1685
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this
_day of ,2004, by and between Collier County, through its Transportation
Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer
group, YOUR CHILD CARE,. heinafter called the ""GROUP").
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for
litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the
effort of maintaining a litter-free Collier County.
WHEREAS, by signature below, the GROUP agree to adopt the segment of
roadway known as AIRPORT -PULLING ROAD from U.S. 41 to RADIO ROAD.and
acknowledges the hazardous nature of picking up litter, and agrees to the following terms
and conditions:
THE GROUP SHALL:
1. Participants in the GROUP agree to obey and abide by all laws and regulations
relating to safety on a particular adopted roadway section.
2. Perform litter removal on the Adopted Roadway Section in accordance with
the Florida Department of Transportation's Accident prevention Manual, Safe Field
Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the
Florida Department of Transportation Design Roadway and Standard Index 601 and 602
(610 for interstate), all of which by this reference are incorporated herein.
3. Only allow such person to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participating youths
must be at least 14 years of age and the GROUP shall provide at least one adult
supervisor for every 5 youths, ages 14-17, who is participating in the litter removal
activity. There shall at all times be at least one person 18 years of age or older who is
generally responsible for supervising all litter removal activities.
4. Not bring persons to observe the activity if the person is under the age of 14 and
is not an official participant.
5. The GROUP shall conduct at least two safety procedure meetings per year for its
participating members. Participants must sign a hold harmless Agreement, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity
pursuant to this Agreement.
6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and
set up dates and times for their safety meetings.
7. Remove litter during good weather conditions only.
8. The GROUP shall perform litter-pick-up on one side of the road at a time.
9. Remove litter during daylight hours only.
1685
10. Not pick up litter at construction sites, in tunnel or on median.
11. The GROUP shall park all vehicles well clear of the adopted roadway and at least
20 feet from the edge of the payment.
12. The GROUP hereby adopts a section of road at least two miles long for a two-
year period, and pick up litter a minimum of once montWy.
13. The GROUP shall be required to pick up all litter when the appearance of the
adopted roadway section is objectionable.
14. The Group shall obtain required supplies and material from the County.
15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP
during trash pickups.
16. The GROUP participants shall wear COUNTY supplied and approved safety
vests while on the road right-of-way.
17. Ensure that all participants wear safety vests at all times during the litter removal
activity. The local maintenance office should be contacted to obtain safety vests, traffic
control signs and litter collection bags at least five (5) days prior to litter removal activity
and return the same when activity is complete.
18. Not wear clothing, which will hinder the sight of participants.
19. The GROUP shall coordinate pickup details with the County's project coordinator
at least one week prior to a pickup.
20. The GROUP shall place filled trash bags at the adopted site sponsor signs for
pickup and disposal by the COUNTY as soon as possible thereafter.
21. After each pickup, the adopting GROUP coordinator will file a report detailing
the number of people involved, number of bags of litter collected, composition and
estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by
the COUNTY for making the reports and should be filed with the COUNTY project
coordinator.
22. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the organization, which
the volunteer group represents.
23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to
the COUNTY within two workdays following cleanup or, (2) with COUNTY
Coordinator's permission, be retained by the GROUP during Agreement period.
THE COUNTY SHALL:
1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs.
2. Provide GROUP with outline pertaining to safety regulations.
3. Remove the filled trash-bags as soon as possible after the pickup.
4. Remove litter from the adopted section only under unusual circumstances, i.e. to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for
keeping the area free of litter.
If, in the sole Judgment of the County Project Coordinator, it is found that the
adopting GROUP is not meeting the terms and conditions of this Agreement, the The
adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no
longer able to meet the terms and conditions of the Agreement. In this event, the
1685
GROUP is responsible for immediately returning all County-owned materials to the
County project coordinator.
The COUNTY recognizes the GROUP as the adopting organization for the section of
road known as Airport-Pulling Road from U.S. 41 to RADIO ROAD and the GROUP
accepts the responsibility of picking up litter on this section of road and promoting a
litter-free environment in the community for a period beginning February 1,2004 and
ending January 31, 2006 (minimum of two years).
The GROUP covenants and agrees that it will indemnify and hold harmless
Collier County and ifs officers, agents and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, neglect or omission by the GROUP or by any
person performing litter removal as part of the GROUP during the performance of the
Agreement whether direct or indirect, and whether to any person or property to which
Collier County or said parties may be subject, except that neither the GROUP nor any of
its members shall be liable under this provision for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of
Collier County, and its officers, employees or agents.
The Agreement shall remain in effect until terminated. Collier County or
GROUP may terminate this Agreement for any reason upon 30 days notice.
This Agreement is for litter removal activities only. No beautification activities
are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date and year written above
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
d~
Item# \ ~ c;t:)
~~~;da '1_ Tl-t)4-
~:~d l..} tisti-t
__'.___"""~'___"_'_'___'__"^_'_U__~_'<__"~"__""__"-,--~---
1685
GROUP:
,President
{\~'-\ ~ ( v.. {L.-~ 0 P.o .~
Group's President (print)
Group's Adopt-A-Road Chairman (print)
~')~f} ~~\f'~;'~-~<
Group's Adopt-A-Roa Chairman's Address
I)l/-)~ ')X'
Phone # (day) Phone # (night)
Approved as to form and legal sufficiency:
~~JJJ~'--'
ITEM NO.:
v~::iC:;" (i!:. IHi=-
DATE REC~QUf~T't AfrORI,1E:V
1686
FILE NO.:
0'1- r~ fYJ .... OOCJO 'I
7~O~ Ff.S 23 AM II: 49
ROUTED TO:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9189; Rev. (197)
REQUEST FOR LEGAL SERVICES
(l'Iease type or print)
Date: 2/07/03
To: Office of the County Attorney, Attn: Jfte."I_d~1l1! ~inl!oIIlt- .JA J(
From: Pamela J. Lullch
Department: Transportation
Title: Landscape Projed Manager
Division: Alternative Tranaportation Modes
Telephone # Umportant): 774-8494
Re: Review of Landscape Maintenance Agreement between Collier County and
Brynwood Preserve (Subject)
BACKGROUND OF REQUESTIPROBLEM:
(Describe problem and give background information - be SDeclflc. concise, and artlculate.)
Attached are the following:
1. Landscape Maintenance Agreement
2. ExhiIJit A- Landsalpe MaIntenance Specifications (Standard specification in my office)
3. Exhibit D- Landscape and irrigation Plan (In my otlice)
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item haslhas not been previously submitted.
(If previously submitted provide County Attorney's OIl'ice File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way 0( legal services.)
There is landscaping within the ROW. Waldrop Engineering has provided an Interlocal
agreement. This agreement has good legal description but it needs to be incorporated in the
Landscape Agreement instead (Rosa, using the Pinewoods agreement as boilerplate). The
question is who should be entering into the agreement: the developer and the homeowners
association or the homeowner's association and is a quit claim appropriate in this case.
OTHER COMMENTS:
cc: Diane Flagg, Alternative Transportation Modes, MPO Director
Mitch Riley, ROW Permit Inspection Manager
CM requests must be copied to your appropriate Divislon Hrad or Constitutional OIl'icer.)
~ l~' )01
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1686
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board of County Commissioners (Attn: Trish)
FROM:
Jeffrey A. Klatzkow, Assistant County Attorney (8492)
DA TE:
August 2, 2004
RE:
Standard Landscape Maintenance Agreement between Collier County
and Brynwood Preserve Resident's Association
Please record the attached Agreement and forward a copy of the recorded
document to our office. Appropriate recording fees are provided.
Thank you.
cc: Pam Lulich, Landscape Project Manager (w/attachments)
1
LIST OF DOCUMENTS TO BE RECORDED
1686
1ST PAGE NUMBER OF
DOCUMENT 8.5 X 11 = $10 TOTAL COST
DESCRIPTION 24 X 36 = $30 ADD'L PAGES
Brynwood Preserve
Resident's Assoc.
Landscape
Maintenance
Agreement $ 10.00 15 137.50
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$ 137.50
1686
WALDROP ENGINEERING, P.A.
10641 AIRPORT ROAD NORTH #32
NAPLES, FL 34109
PH.239-596.9191
1765
AMSOUTH BANK
NAPLES, FL34119
63-466/631 237
7/11/2004
PAY TO THE
ORDER OF
Collier County Clerk of Courts
$ **137,50
One Hundred Thirty-Seven and 50/1 00*************** ********************************* ************* *****************~
DOLLARS
1I.001.?b Sill 1:0(;:\ ~Ol.(;(;al: 1.(;1.0 2g 2 ?agu.
M'
MEMO
1686
MEMORANDUM
Date:
August 9, 2004
To:
Jeffery A. Klatzkow
Office of the County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Landscape Installation and Maintenance Agreement
between The Brynwood Preserve Residents
Association and Collier County, for landscaping
within the Right-of-Way on Livingston Road
Enclosed please find one (1) recorded copy of the document as
referenced above (Agenda Item 16B6) approved by the Board of
County Commissioners on April 27, 2004.
If you have any questions, please call 774-8406.
Thank you
Enclosure (1)
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
3451957 OR: 3618 PG: 1765
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL
08/03/2004 at 10:59AM DWIGHT E. BROCK, CLBRK
RBC FBB 137.50
1686
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this "2..' ""-day of c;~ \. \. ,
2004, by and between Collier County, Florida, a political subdivision of the State 0 Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and Brynwood Preserve Residents' Association, Inc. , a Florida not-for-profit
corporation, whosemailingaddressis:c/oIPM.3435IOthSt.North.Suite 201, Naples, FL 34103
(hereinafter referred to as the "Association").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Livingston Road (hereinafter referred to as "Road"); and
WHEREAS, Section IV -B-12 ofthe Construction Standards Handbook for Work Within The
Public Rights-Of-Way, Collier County, Florida (2003) provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit to
Perform Work and/or Maintenance in Public Rights-ol-way".
Landscaping Permit Within the public rights-ol-way: A private owner, Developer or
civic or homeowners' association desiring to landscape within a public right-ol-way
shall submit a landscape and irrigation construction documents prepared by a
licensed landscape architect for County review, The Permit application shall include
three (3) sets of detailed plans indicating the existing right-ol-way facilities and the
type and location of the proposed plantings, location of electrical and irrigation
systems(s). After acceptance of the landscape and irrigation plans, a landscape
agreement shall be prepared by the contracting parties and approved by the County
attorney's office. (See Appendix for example) The purpose of the landscape
agreement is to ensure that the Permittee, or his successors or assign, shall be
responsible to maintain such material and irrigation system until removed or unless
otherwise specified; and
WHEREAS, in keeping with the above, the Developer of Bryn wood Preserve applied for a
Landscaping Permit Within the Public Rights-of-Way, and submitted landscape and irrigation
construction documents prepared by a licensed landscape architect for County review. A copy of this
Permit and the plans are attached hereto as Schedule "A". The Association shall follow the Collier
County Maintenance specifications attached as Schedule "B".
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as
follows:
1 of4
OR: 3618 PG: 1766
1686
~
1, County hereby grants to the Association the right to use those portions of the Road
depicted in Schedule "A", for the sole purpose set forth in Schedule "A".
2. The Association agrees to maintain the improvements set forth in Schedule "A"
(hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the
County executes a release from indemnification as discussed below.
3. Should the Association fail to construct or maintain the Improvements in accordance
with Schedule "A" or law, the County may provide notice to the Association in writing, specifying
the nature of the deficiency. Within five working days following receipt of such notice, the
Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the Improvements results in a situation where public safety is at
risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's
written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the
need for prior notice to the Association, and will promptly bill the Association for all actual costs
incurred in effecting the repairs. The Association shall reimburse the County for such costs within
thirty days of receipt of the County's bill.
4. The Association, as Indemnitor hereunder, shall indel11I1ify and save harmless the
County, as Indemnitee hereunder, including all employees of the County, from any loss or damages
Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties,
interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the
County arising out of the Association's use ofthe Road for the purposes set forth in this Agreement,
including the construction and removal of the Improvements. The Indemnitee shall not undertake to
settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder
without the prior consent of Indemnitor, such consent to not be unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association has
ceased to use the Road for the purposes stated within this Agreement and the Road has been restored
as set forth below, at which time, following receipt ofthe Association's written request, the County
will execute a release from indemnification in favor of the Association.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and effect
in perpetuity from the date first set forth above, and shall be binding upon the parties and all their
successors in interest. The Agreement may be freely terminated as of right by either party, with or
without cause, upon written notice to the other. If the Association exercises this right, or if the
County exercises this right based upon the Association's substantial breach ofthis Agreement, then
20f4
OR: 3618 PG: 1767
1686 t;~
upon written demand by County, the Association, at its sole cost and expense, shall remove the
Improvements and will restore the Road to the condition that existed immediately prior to the
effective date of this Agreement. If the County exercises this right, or if the Association exercises
this right based upon the County's substantial breach of this Agreement, then the County will be
responsible for any removal of the Improvements or restoration ofthe Road. Except for the above,
neither party will be liable to the other for any damages or claims resulting from the termination of
this Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with, or for
the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit,
including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
10. This Agreement is the entire agreement between the parties, and supercedes all previous
oral and written representations, agreements and understandings between the parties. This
Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended
in any way, save by written agreement signed by both parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY
NONE
30f4
OR: 3618 PG: 1768
16' 86 ,.,~
~~~
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
:~~
IA. e\-'-tl-t f oj
STATE OF FLORIDA
COUNTY OF LEE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IL~ j .J-~
Donna Fiala, Chairman
RESIDENTS'
By:
Signed and acknowledged on this _day of February, 2004, before me, the undersigned
notary public, by John Steven Kempton, , President of Bryn wood Preserve Residents' Association,
Inc. a Florida corporation not-for-profit, on behalf of the corporation. H vi is personally known to
me or [ ] produced as identification.
Legal Form and Sufficiency:
Public \. \
P . ted Name: '1Ve ~
My Commission Expires: J \ - /)~ -d(JJ5
40f4
\~ ~B~ 1
r~yl
~d1s':2--1J~
~ D
uty ,.'
OR: 3618 PG: 1769
PERMIT TO PERFORM WORK AND/OR MAINTENANT6 86
IN PUBLIC RIGHT-OF-WAY
TRANSPORTATION OPERATIONS DEPARTMENT
2705 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104
ROW Section Telephone #659-5767 Inspection Telephone # without Building Permit: 403-2417
Inspection Telephone # with Building Permit: 643-9757
A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES.
FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. ~
Right-ot-Way Permit Number20945-E
Department: Transportation Operations
Date Issued: 04/28/2004
SDP/AR Number:
PSP Number:
Project Name: BRYNWOOD Preserve
Project Address: Livingston Road
Subdivision: Byrnwood Preserve
Section: 18 Township: 49-S
Lot:
Range: 26-E
Building Permit Number:
Block:
Unit:
Tract
,I, ...... ,1,"'4'" ,....u............u,............ ............ ........l.L.L~ ~J.A .u............... .........1..1. AA...J.J....,.,A ........ .U,J..LA ".............I.J.J.J... .1..1..1..1. 1.,1.... ......,1,1..1..1. .L.u... J....J.... J.J.J. ~lJ. "'.....................1.... .I....,l,J....... ,u.....l.J..I............. .............. .......l..u LA...... .u....LJ........I .L.I...........L .......i.J..u..........I..I..u... .ld. ...~
Folio No.
Type of Construction: Landscaping Detail: Installing and maintaining landscape
The work herein described and permitted is to be commenced on or about
completed no later than Expiration date for work described:
And
10/31/2004
......... J.J..I.J....J..l.l.lJ..L J..lJ..lJ......... ........10....,1. .L.L...J.J.,l.,l........I,..." I."J.J.J.J."A. J..I.J.,LJ.J.J.1J.41.... "....,1......... 1..."'......... ~ ~ "........... ...... ,L"............" .lo...... ,1,....1. .,I. ...A......... .I...................... ...J.... A..".LA .LJ.A J..L"''' ""....l....,1. .1,... ......... ......... ......***********~.............,1. ...A.......,1. ...'"
Property Owner Name: Pulte Home Corporation Contractor's Name: Waldrop Engineering
Property Owner's Address: 9148 Bonita Beach Rd. #10 Business Address: 10641 Airport Rd. N #32
City: Bonita Spri State: FL Zip: 34135 City: Naples State: FL Zip: 34109
Telephone Number: 498-7711 Telephone Number: 596-9191
Notes:
1,Work shall be performed in accordance with approved
plan, Conditions ot Permit appearing on reverse side,
stipulations specified as part ot this permit and in
accordance with Collier County Ordinance # 03-37 and
the "Public Right-ot-Way Construction Standards
Handbook," latest edition,
2, Applicant declares that prior to tiling this application
he has ascertained the location of all existing utilities,
both aerial and underground, Any changes to any utility
shall be the responsibility of the Permittee tor all cost.
3, This permit is contingent upon Permittee obtaining
necessary rights ot entry for construction and
maintenance where required right-of-way for public use
has not been dedicated and accepted by Collier County,
4, If the application is made by any person or firm other than the
owner of the property involved, a written consent from the property
owner shall be required prior to processing of the application,
5,Transportation Operations Department approval does not exempt
the permittee from gaining approval from any State, Federal or Local
Agencies having jurisdiction over the proposed work,
6, If right-of-way permit is issued in conjunction with a building
permit, the right-ot-way permit expires upon completion of the
building,
7. I have read the Collier County Right-of Way Permit Notes and
Conditions and agree to conduct all work in accordance with the
County Ordinance 03-37, as amended and all applicable all County
and State, codes and Laws, as amended, Under penalties of
perjury, I declare that I have read the foregoing permit application
and that facts stated in il are true.
Permit Status: Issued MR 8Y:_~~
DA TE: 04/28/2004 '
Staff Remarks: SIIIIdJw COIJIIIIInts/cllllltiJls If 8IdCabI8
Also Visit our Web Site @ http://www.colliergov.neVtransportation/prowl/detault.cfm
SEE REVERSE SIDE FOR CONDITIONS
1686
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ICODE PLANTING PLAN PREPARED FOR: PUL TE HOl\.lE CORPORATION =::E:.~ =~~~~ST\DO
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PUL TE HOME CORPORATION
BRYNWOOD PRESERVE
PREPARED FOR: PUL TE HOME CORPORATION
NAPlES. COlLIER COU/IrTY. FLORIDA
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PRODUCTIONS INC.
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PUlTE HOME CORPORATION
BRYNWOOD PRESERVE
PREPARED FOR: PULTE HOME CORPORATION
NAPLES, COLLIER COUNTY, FLORID"
OR: 3618 PG: 1773
1686
SCHEDULE "B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPEClFICA TIONS
These specifications are intended to provide the information by which private entities may
understand the minimum requirements of Collier County relative to maintaining County rights of
ways. Records of all specification requirements shall be kept and made available to the County's
representative upon request.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as
those areas, if existing, along the outside edge of the sidewalks of adj acent properties.
All turf shall be mowed with mulching type mower equipment to eliminate the need
to bag and transport grass clippings. Should bagging be necessary, the bagged
clippings shall be collected and removed at no additional cost. Grass shall be cut at a
height of three and one half inches (3 )12"). The frequency of cutting will be weekly or
fifty-two (52) times.
Mechanical edging of the turf shall be done with each mowing along all sidewalk
edges, back of concrete curbs, around all planting beds, utility service boxes, street
light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal
blade edging is not permitted along back of curbing. Grass root runners extending
into the mulched areas shall be cut and removed when the edging is performed.
Edging will also be required in all turf areas around isolated trees, sprinkler heads,
valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets,
sidewalks or other areas resulting from edging shall be removed. No herbicide shall
be used for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All
sidewalks shall be blown clean, but no clippings or other debris shall be blown or
allowed to be deposited on other adjacent property or accumulate on right-of-way
areas.
B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail
bases, and curb joints as well as other mulched areas by chemical and/or hand
removal will be performed weekly or as necessary to provide a weed free and well
maintained area.
C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of
any plant's foliage below ten-foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be
inspected and pruned on a weekly or an as needed basis, so to maintain the proper or
required heights for visibility, vehicular movement purposes and desired shape or
10f8
OR: 3618 PG: 17686
form as determined by County's representative. Pruning shall also include removal of
water sprouts, suckers and any dead or diseased foliage or branches.
During the first week of October and April, ornamental grasses, such as Fountain
grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a
twelve inch (12") or twenty-four (24") height based upon the type of plant.
Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be
pruned at the direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a
minimum height of one hundred twenty inches (120"). Shrubs and groundcovers
adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of
clearance from the edge of the pathway. IT is recommended that adjacent shrubs and
groundcovers be maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOV AL: With each service, all sites shall be cleaned by removing all
trash or debris to include, but not limited to; paper, bottles, cans, other trash, and
horticultural debris. All debris or trash pick-up shall be performed "prior" to mowing
in all turf areas.
The disposal of all trash and debris must be at a proper landfill or disposal site.
E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area
measured from the face of the curb and gutters including turn lanes shall be cleaned
with each site service to remove any accumulation of debris or objectionable growth
so to maintain a neat and safe condition.
F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier
County Maintenance of Traffic (MOT) Policy, copies of which are available through
Risk Management or the Purchasing Department. The Developer shall obtain and
review the County MOT policy requirements prior to submitting a bid.
The Developer will be responsible for obtaining copies of all required manuals,
MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related
documents, so to become familiar with the requirements. Strict adherence to the
requirements of the MOT policy will be enforced under this Contract.
To assist in employee visibility; approve bright day glow red/orange colored safety
vests shall be worn by employees when servicing the area.
G. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defined
as any large shrub, tree, or palm with foliage above a ten foot (10'_ level.
All canopy trees and palms shall be pruned on a continuous basis to create and
maintain a seventeen-foot (11') canopy clearance over the roadways and a ten-foot
(10') canopy clearance over all pathways. Canopy trees shall be selectively pruned
twice per year in April and September so to thin the interior canopy of cross
branching and to shape the canopy of the trees. The County's representative shall
20[8
OR: 3618 PG: 1f~
86
approve a professional licensed to prune tress under the direction of a Licensed
Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do
the pruning and sharpening. The work shall be performed per ANSI AS300
"Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done
in a professional manner in accordance with "Pruning Standards" of the national
Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pruned
to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the
horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to
(10) ten green fronds shall be left at the head after pruning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
The work shall be done in a professional manner in accordance with acceptable trade
standards and practices. The palms shall not be climbed with tree spikes to remove
the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or
lift. All debris from the pruning shall be removed and the site shall be left on a clean
and neat manner.
When the annual or bi-annual heavy pruning work is being performed with the use of
a lift or boom truck, it is required that the adjacent traffic or turn lane to the work
area, be closed using traffic control devices and signage per the current FDOT traffic
control standards and indexes.
H. FERTILIZATION Granular fertilization of shrubs and groundcovers shall be applied
by hand in a twelve-inch (12") wide radius ring around the base ofthe plants.
Granular fertilization of the trees and palms shall be determined by the caliper
(diameter) of the trunk and broadcast by hand in a band around the plant's base from a
distance of 12" to the drip line of the palm, whenever possible.
An 8 oz. cup equals one (I) pound. Trees and palms shall receive one (1) cup per
one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three
foot (3') of height or spread. Shrubs and groundcovers shall receive one-half (112) cup
per eighteen inches (18") of height or spread. All fertilizer shall be swept off all
sidewalks, concrete curbing and paving.
The fertilizer shall be applied as set forth in the following schedule.
Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees.
The (13-3-13) fertilizer shall be applied at a rate often (10) pounds per one thousand
(1000) sq ft. for all areas. Four applications of (13-3-13) fertilizer will be applied
yearly during the months of February, May, July, and October.
30f8
OR: 3618 PG: 1776
16B6
Palms
Developer shall apply approved by County's representative palm fertilizer during
February, May, July, and October as specified below.
Should yellowing occur on the top of the fronds, manganese sulfate will be required
and if on the lower fronds, Sul-Po-Mag or equivalent will be required to be applied
with the palm fertilizer at the rates specified.
I. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have
mulch placed to provide for a four inch (4") non-compacted or unsettled depth
measured from the existing soil grade. The area to receive the mulch shall be raked
level to establish the proper finished grade and have all weeds removed prior to the
placement ofthe mulch. Two inches must be applied to replenish this mulch twice a
year, November and during May.
J. LANE CLOSURE Lane closure for median maintenance shall be limited. Upon
proper placement ofthe lane closed signs, pre-warning signs, arrow boards, traffic
cones form the existing soil grade. The area to receive the mulch shall be raked level
to establish the proper finished grade and have all weeds removed prior to the
placement of the mulch. Two inches must be applied to replenish the mulch twice a
year, during November and during May.
K. IRRIGATION SYSTEMS The irrigation systems shall be checked and repaired as
necessary. Each zone shall be manually turned on at the valve once a week and a
thorough inspection conducted to ascertain proper operations ofthe system. Quick
coupling valves, if existing shall be reviewed weekly and operated quarterly to insure
proper operation. Maintenance responsibilities will include cleaning and adjustment
of heads, nozzles, installation or replacement of risers, repair of minor PVC piping
breaks or subsurface piping or restricted sprinkler lines, replacement of damaged
valve boxes/lids and adjustment of controller and rain shut off switches for settings
and operations. Where required, the Developer shall maintain on site reclaimed water
irrigation signage.
SUBSURFACE IRRIGATION SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the
Right-of-way. Mechanical metal blade edging is permitted along the back of curbing.
Weekly Service Requirements:
1. A visual inspection of the subsurface irrigation systems shall be performed
weekly to determine if the systems are functioning normally and if cuts, leaks,
piping damage, flooded areas exist, and repair as necessary. This shall also
include review and re-setting of the controller and in-ground moisture sensor
40f8
OR: 3618 PG: 1777
1686
adjustments or other rain sensing devices as needed.
2. System Computerl Controller
a. Operate, adjust, and set controller to provide proper operation of the
systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon
moisture sensor readings.
d. Operate controller on automatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by-pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to
review valves for leaks; pressure gauge operation; proper settings and
are clean of debris or mulch.
4. Pump Sites
a. fuspect for proper operations.
b. The Developer shall record and provide to the County's representative
the well water flow meter readings for the two well locations on the
General Maintenance Report Sheets.
5. Review system water source connections to include water meters, backflow
preventers, gate valve points of connection and main lines for proper
operation.
Monthly Service Requirements:
1. Automatic Control Valve Assembly
a. Manually operate valves, and clean valve assembly filters.
2. Backflow Assembly
a. Review assembly for proper operation and clean filter as needed.
3. Quick Coupling Valves
a. Review boxes and operate valve.
4. Pump Sites
a. Once a month, the Developer will trouble shoot each pump station,
checking amperage draw and document the results for future
reference.
b. Manually run the system to ensure proper coverage and that no
sprinkler head and nozzle are spraying onto the roadway. Clean
and adjust sprinkler heads and nozzles and irrigation shields to
ensure proper coverage.
c. The Developer will check all zone wiring and solenoid conditions
through the use of an OHM meter and document the results for
50f8
OR: 3618 PG: 1778
1686
future reference.
d. The Developer will clean the strainers filters and inspect them for
wear at the Pump Station.
5. Manually run the system with open flush caps and review sprinkler head
indicators located at the end of zones.
6. Review pressure gauge readings at control valve assemblies for each zone,
as well as gauges located at the end of zones where present to determine
the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
1. Review all subsurface system piping, valve assemblies, wiring, moisture
sensors and controllers for overall operation and provide adjustments as
required to assure proper operation and irrigation application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
1. Each median zone shall be manually turned on at the valve to ascertain
proper operation of the system.
2. Repair system for any blown-off heads, broken lines or leaks around
heads or valves.
3. Check the controller and rain sensing devices for proper operation and
settings.
4. The Developer shall further adjust all sprinkler heads tgo ensure that
all landscaped areas receive one hundred percent (100%) irrigation
coverage.
5. Within all work areas the Developer shall review the plant material
and turf for dry conditions and if found correct the problem.
Monthly Service Requirements:
1. Manually run the system, clean and adjust sprinkler heads/nozzles and
concrete donuts as necessary to ensure proper coverage and that there
are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-of-way zone shall be manually
turned on at the valve to ascertain proper operation ofthe
system.
b. Repair system for any blown-off head, broken lines or leaks
around heads or valves.
c. Check the controllers and rain sensors for proper operation and
settings.
60f8
OR: 3618 PG: 17! 6 86
d. The Developer shall further adjust all sprinkler heads to ensure
that all landscaped areas receive one hundred percent (100%)
irrigation coverage.
e. Within all work areas the Developer shall review the plant
material and turf for dry conditions and if found correct the
problem.
General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing
agency establish water restrictions, the irrigation systems shall be
inspected and all other controllers set to the mandated hours of
operation set by the District or Agency. Subsurface systems are
exempt from water restrictions.
2. Replace defective heads or nozzles, install or replace defective risers
and repair minor breaks or restricted sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Maintenance
Developer.
4. Inspect, clean, and replace, if necessary, screen/filters within the
sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in
sod areas are to be kept at sod level. All valve boxes in plant beds are
to be kept two inches (2") above finished mulch.
6. One hundred percent (100%) irrigation coverage shall be maintained
within all irrigated landscaped areas while this Contract is in effect.
7. Notification to the County's representative is required when acts of
vandalism or accidents have occurred to the irrigation system. Photos
shall be taken and provided to the County's representative at no added
cost.
Miscellaneous Irrigation Maintenance Responsibilities:
}, Should the temperature be forecast to be below thirty-four (34)
degrees, the Developer shall be responsible for turning the irrigation
system off in order to protect plants from possible freeze damage.
2. It shall be the Developer's responsibility to notify the County's
representative of any irrigation problems or additional irrigation
maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, i.e.
power-in 110 volt and 24-volt fuses, 24 volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start
relay, main fuses and capacitors when necessary.
H, BRlCK P AVERS All median brick paving shall be pressure cleaned twice per year, in
70f8
*** OR: 3618 PG: 1J.8b*B 6
April and November, to remove marks, gum and other dirt that may be deposited on
the surface areas. Upon finding damaged areas, the developers shall clean-up debris
if present, and or flag off the areas with protective barriers and/or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
1. PEST CONTROL Trees, Palms, Shrubs, Groundcovers, and Sod must be closely
monitored for pests and diseases and must be treated appropriately by a licensed Pest
Control Operator approved by the County's representative.
80f8
1688
MEMORANDUM
Date: June 17, 2004
To: Kelsey Ward, Purchasing Agent
Purchasing Department
Administrative Services Division
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract No. 03-3505 with Space Imaging LLC,
"Consultant Services for Developing a
Roadway Asset Database"
Enclosed please find three originals for the document as
referenced above, approved by the Board of County Commissioners
on April 27, 2004 (Agenda Item #16B8).
Kindly forward the documents to the appropriate parties for their
records. The Finance Department and Minutes & Records Department
have their copies.
If you should have any questions, please contact me at:
774-8406.
Thank you.
Enclosures (3)
ITEM NO.:
t(g~Y
16Br)
DATE RECEIVED: tJ
."~H(';:" (r,'':'' fH.E-
'~".. ,....)_ \....- "
'(11 JNTY A-ro"-'"'RNcy
\'.IV. I l! U 1:. ,
FILE NO.:
ROUTED TO:
0'1 - PRC- OOO~ V
zoo~ JUN - 8
6).'
~
~~
6/Jb/t> ~
C C " )i2/r
(7'U
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
June 4, 2004
<;~,v1
Office of the County Attorney
Attention: Scott Teach
Kelsey Ward, Senior Purchasing & Contracts Agent 'l\qyJ
Purchasing Department, Extension 8949
Administrative Services Division
Re: Contract No. 0~..95;jDeveloPing a Roadway Asset Database"
Space Imaging LLC; Contractor
To:
From:
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 27,2004; Agenda Item 16(8)(8).
This item was previously submitted on RLS 04-PRC-00050.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Scott, This is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning
the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: 8eth Yang, Transportation Services
1688
MEMORANDUM
TO:
Sheree Mediavilla J ~ ~\ ~ 'f'-
Risk Management Department DV ~~J'
1/1YU)
FROM:
Kelsey Ward, Senior Purchasing & Contracts Agent
Purchasing Department
DATE: June 4, 2004
RE: Review of Insurance for Contract No. 03-3505; "Developing a
Roadway Asset Database"
Space Imaging LLC; Contractor
This Contract was approved by the BCC on April 27, 2004; Agenda Item
16(B)(8).
Please review the Insurance Certificate in this Agreement for the
above-referenced contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 8949.
DUE RECEIVED
...
JUN - 4 2004
RISK M'ANAGEMEN7
C: Beth Yang, Transportation Services
1688
;
Contract 03-3505
"Consultant Services for Developing a Roadway Asset Database"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this L'-\-Way of ~'V\r'- "-
'-
2004, 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 Space Imaging LLC, authorized
to do business in the State of Florida, whose business address is 12076 Grant
Street, Thornton, Colorado, 80241 (hereinafter referred to as the
"CONSUL T ANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Consulting
Services for Developing a Roadway Asset Inventory Database of the
CONSULTANT (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:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1,1. CONSULTANT shall provide to OWNER professional Consultant services
in all phases of the Project to which this Agreement applies,
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 perioo 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
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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
CONSUL TANT.
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
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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 r:nake available to any third
person, firm or organization, without OWNER's prior written consent, or unless
incident to the proper performance of the CONSUL }ANT's obligations
hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information
,
concerning the services to be rendered by CONSULTANT hereunder, and
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.
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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.
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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 the
j
Project, not otherwise provided for in this Agreement or not customarily furnished
in Collier County in accordance with generally accepted Professional practice.
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:
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(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
(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 ~ONSUL TANT
as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary
limitati~ns;
(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
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(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 Project Schedule attached
hereto and made a part hereof as Schedule C. Time is of the essence with
respect to the performance of this Agreement.
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
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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.
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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 above; provided,
however, such activity shall be conducted only during normal business hours,
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ARTICLE EIGHT
INDEMNIFICATION
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.
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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, 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
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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.
12,2, If, after notice of termination of this Agreement as provided for in paragraph
12.1 above, it 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
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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 seryices 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.
ARTICLE THIRTEEN ,
TRUTH IN NEGOTIATION REPRESENTATIONS
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
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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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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,
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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, FL 34112
Attention: Steve Carnell, Director of Purchasing
Fax: 239-732-0844
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:
Space Imaging
12076 Grant Street
Thornton, CO 80241
Fax: 303-254-2204
Attn: Charles Stees, Chief Financial Officer
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.
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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,
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 61 numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement
between the parties hereto and shall supersede, replace and nullify any and all
prior agreements or understandings, written or oral, relating to the matter set
forth herein, and any such prior agreements or understanding shall have no force
or effect whatever on this Agreement.
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
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Professional
Services Agreement for Consultant Services for Developing a Roadway
Asset Inventory Database the day and year first written above.
ATTEST:
qwig.lilt.J;;fl,~rock, Clerk
,,'; -:';':. f :"::i>:\
OC.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
)~
By: ~
of Courts
Commissioner Donna Fiala, Chairman
Approved as to form and
'e~jJ71LL
Scott Teach
Assistant County Attorney
Item# l~
Agenda u_ a' _N I
Date ~
Date '^__I'-h1 I
Ree'd U,.J ...!-l...Lt(
Space Imaging LLC
D(ID)1\ ~(l.<\..--
First Witness
By:
\ --6.7
( j ;--.
Signature
~Y\ Loc..~Y'~
Type/Print Witness Name
Charles S~ Stees
~.
ClUSAcr\l L~w~
Type/Print Witness Na e
CFO
Type Name and Title
(CORPORATE SEAL)
18
SCHEDULE A
SCOPE OF SERVICES
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Development of a Roadway Asset Inventory Database
RFP No. 03-3505
Februa~25~,2004
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Provided by:
Space Imaging, LLe
Phone 407-736-9777
Fax 407-736-9773
lis PACE
IMAGING@
Yisuallnfllrmation. Visible Results.
Development of a Roadway Asset Inventory Database
Data Collection, Conversion, and Asset Management System Integration Services
for
The Collier County Transportation Services Division
Introduction
The Space Imaging team recognizes that Collier County wishes to maximize the life all of the roadway
infrastructure assets while extending the least amount of financial resources. This process involves
assessing the value and condition of all of its existing assets and referencing that information to an
.
accurate and up-to-date Geographic Information System (GIS) basemap. This will provide the
framework necessary to the development of a Roadway Asset Inventory Database.
This project involves the development and implementation of an Asset Management System that
leverages a relational database management system (RDBMS) and enables the County to maintain all
assets at a most desirable condition, within time, budgetary and policy constraints. The Space Imaging
Team understands that the overall goal of the project is to create an accurate and comprehensive
roadway asset inventory database for all County maintained roads (approximately 1,330 miles). This
phase will deal with 300 miles of roads, originally prioritized by the Transportation Services
Division.
The Space Imaging Team is also providing information related to the creation of a Pavement
Management System. Alternatives are provided for specific data collection methodologies, as well as
the costs associated with these methods. We understand that the goal of this Pavement Management
System is to assess the overall health of the County-maintained roadway network (approximately 1,330
centerline miles) and to develop maintenance policies to maintain the network at a level of service
conducive to the high standards of the County's residents.
The database will be compatible with Maintenance Star,. Cartegraph, or any other RDBMS-based Asset
Management Software for future data integration. The data will integrate directly with the County's
enterprise-wide GIS system and delivered as ESRI shapefiles or Arc Info coverages. The data will also be
compatible with ESRI's Spatial Database Engine (SDE) and ArcGIS software and may be delivered in
Geodatabase format, if deemed an appropriate solution by the County. All data will overlay with the
County GIS basemap, delivered in the Florida State Plane East Coordinate System, NAD83 Projection
20
(US Feet) and compliant with National Spatial Data lnfrastructure (NSDI) as well aJ. thQ~ea
Geographic Data Committee (FGDC) requirements.
21
Scope of Work
16B8
Task A - Linear Reference System Creation
A linear reference system will be created for the 300 miles of roads, as referenced in Appendix A. Space
Imaging will collect a new centerline from the digital imagery obtained during the video-based asset
collection and segment it on a per-milepost basis. This new centerline will serve as the base reference
layer, to which all assets will be related to in a thematic mapping environment.
For example, all roads will be identified and added to the transportation geodatabase. Once in the
database, the segments will be given a unique identification number to represent the centerline segment.
Each segment will be referenced to a particular milepost along that particular stretch of road.
All mileposts will begin at zero, beginning from the southernmost point and working to the north and
the same technique will be used from west to east. In the case that a milepost has already been assigned
to a particular stretch of road, the existing milepost system on the road segment will be used for
referencing purposes.
Task B - Data Development Manual Creation
The Space Imaging Team will meet with appropriate Collier County personnel to discuss all issues
concerning data collection and delivery. The main purpose of this Data Development Manual will be to
ensure that all of the assets identified by the County are collected along with their associated attribution.
The Space Imaging Team will create the manual and will present it to the County project manager for
their review. The County project manager will review and revise the document and present it back to
the Space Imaging Team for final revisions. Both parties will sign the final version of the document,
which will be used as the reference for feature (point and linear) data collection and processing.
We have included in Appendix B, a sample Data Development Manual that outlines a project approach
similar to Collier County's Asset Inventory Database. This document is provided only as ,a reference
and illustration to our experience in this area. A manual will be developed specifically for Collier
County during this task and all activities performed will be geared specifically to the County's needs
and goals.
Task C - Sample Data Development and Evaluation - Pilot Collection of 30 linear miles of video,
asset extraction, and attribute collection.
Pilot Collection consisting of 30 linear miles containing a representative sample of asset data. This pilot
area will be presented to the County in a formal pilot data collection deliverables meeting. Once the
pilot data is deemed to be acceptable, the remaining 270 linear of miles of road will be collected and
delivered as per a delivery schedule defined by Space Imaging and the TSD. Data and attributes will be
prioritized for extraction and subsequent delivery, as specified by the TSD.
Task D -- Delivery of Roadway Asset Inventory Database for 300 miles of primary roads, as
referenced in Appendix A
22
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Van-based video data collection for the remaining 270 miles of County maintained roads, as referenced
in Appendix A. TIris includes an inventory of the assets and associated attributes listed in Appendix C.
Task E - Supply GEOVISTA Software to Collier County and Provide Training and User
Documentation.
Space Imaging will supply the GEOVIST A data extraction software to Collier County based on the
specific user need (number of licenses) for updating the features and attributes. Currently, there are two
options for viewing and extracting the video collected in the field:
GEOVIST A 360" Viewer - This is a VIEWER designed to integrate ESRI GIS software with the
GEOSP AN digital imagery and is used for the VIEWING of assets only. This software is available
for users of the data who would like a way to view the imagery collected with GEOSP AN van in a
GIS-based environment.
GEOVIST A 360" Visual Surveyor - This is a standalone application that allows users to extract
GPS coordinates in a visual environment and extract attributes for placement in an MS Access or
SQL database environment. This is the software that the County will utilize to extract additional
features, not included in this phase of the project, on-site and in a GIS-based, visual environment.
Task F - Supply 4 Personal Data Assistants (PDAs) loaded with ArcPad Software and GPS-enabled
data collection abilities.
TIris task has been removed from the scope of work.
Task G -- Conversion of the Signals Cartegraph (Version 4.0) database to Version 6.0.b
Space Imaging will convert the existing Cartegraph signals database from Version 4.0 to Version 6.0.
The conversion process will involve the creation of a data mapping document that describes the data in
its current form and maps where the data will reside after the conversion is complete. Collier County
TSD will review, revise (if ne~essary) and eventually sign off on a final data conversion document.
Once the conversion is complete, the converted database will be delivered to the County for review and
final acceptance. The County will have 30 days to review and accept the final data conversion.
Task H -- Pavement Condition assessment for approximately 1,330 miles of County Roads.
The pavement condition assessment work plan assumes a close cooperative working relationship with
County personnel. Our approach will be to work closely with the County to model the pavement
management process used by the County and to make improvements to that process considering current
technoiogy and policies of the Transportation Services Department. To accomplish each objective and
achieve the ultimate pavement management system goal, the work plan is designed to:
Review agency files, past maintenance activities, organizational structure and other information relevant
to the pavement system;
. Define the physical extent of the system to be studied;
· Determine the specific type and scope of services to be provided;
23
. Determine the desired reporting format;
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· Provide required engineering input and define the Final Work Plan
· Conduct a network inventory and condition assessment of all roads;
The PMS development phase will allow us to review available material and clarify the County's
objectives.
A meeting to set direction for the remainder of the project will include a discussion of how the network
is divided into sections, the distress survey, development of parameters, and the use of historical data.
The data collection phase will then be undertaken. The data will be collected, reduced, verified and
passed on for input to the PMS in logical sections. Quality control will be provided early in the process.
The option selected by the TSD provided below will include the following method of data collection:
. Video-Based Pavement Distress Data Collection and Analysis
Summary of Tasks
Our proposed solution involves the study, survey and design of the system for the management of the
foregoing assets, including coordination of the process of system implementation. The following steps
will be implemented as part of the scope of services to be performed:
A) Linear Reference System Creation for 300 miles of primary roads, as referenced in Appendix
A.
B) Data Development Manual Creation
C) Sample Data Development and Evaluation - Pilot Collection of 30 linear miles of video, asset
,
extraction, and attribute collection.
D) Delivery of Roadway Asset Inventory Database for 300 miles of primary roads, as referenced
in Appendix A
E) Asset Inventory Database Update Application -
a. GEOVISTA 3600 Viewer
b. GEOVIST A 360" Visual Surveyor
F) Supply 4 PDAs and associated data collection software and GPS capabilities
G) Conversion of the signals Cartegraph (Version 4.0) database to Version 6.0.b
H) OPTIONAL -- Pavement Condition assessment (for approximately 1500 miles) with options
(i.e windshield vs. ground penetrating radar, etc.)
24
Detailed Scope of Work to be Performed
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1
Task A - Dynamic Segmentation and Linear Reference System Creation
Assumption: Space Imaging will generate a new road centerline from the video-based data collection
for the 300 miles of roads included in this phase of the project.
Space Imaging will employ dynamic segmentation to create a linear referencing system that will be used
as the base layer for tracking, analyzing, and reporting asset information. This linear reference system
will allow for the tabular data developed in the data collection piece of this project to be displayed,
queried, analyzed, and visualized in a GIS using dynamic segmentation.
The Space Imaging Team has access to existing data sources that are currently available for use as a base
layer for the linear referencing system. This data-is already segmented on a per-block basis and can be
used for address geocoding, routing, roadway characteristics inventory (pavement width, shoulder
width, median width, etc.), as well as other transportation-related activities.
Street Centerline data overlaid with Collier County Orthophotography
The Space Imaging Team will work with the County to develop the most effective linear reference
system that will efficiently store data related to the County-maintained roads and the related asset
infrastnicture.
Item #
1
mentation and LRS Creation
Total Cost
$27,203
Task B -- Data Development Manual Creation
Assumption: Collier County will make all necessary personnel available to meet with the Space
Imaging Team. Collier County will provide the Space Imaging Team with an ESRI Shapefile or ArcInfo
coverage for all routes to be inventoried and a "Feature Attributes Specifications" document (identified
as Attachment B in the RFP).
25
The Space Imaging Team will meet with appropriate Collier County personnel to clisCU~ a9 is~e8
concerning data collection and delivery. Many factors need to be considered when undertaking a
project of this size and scope.
First, it is necessary to determine the data to be collected and to identify the methods that will be
employed during the collection. The Space Imaging Team has extensive project experience in
coordinating this type of activity and currently has material available to provide Collier County with
examples of such project Data Development Manuals. The main purpose of this Data Development
Manual will be to ensure that all of the assets identified by the County are collected along with their
associated attribution.
The Space Imaging Team will create the manual and will present it to the County project manager for
their review. The County project manager will review and revise the document and present it back to
the Space Imaging Team for final revisions. Both parties will sign the final version of the document,
which will be used as the reference for feature (point and linear) data collection and processing.
We have included in Appendix B, a sample Data Development Manual that outlines a project approach
similar to Collier County's Asset Inventory Database. This document is provided only as a reference
and illustration to our experience in this area. A manual will be developed specifically for Collier
County during this phase.
Item #
1
Task Descri tion
Task B - Data Develo ment Manual Creation
Total Cost
$9,594
Task C -- Sample Data Development and Evaluation
Once the Data Development manual has been reviewed and approved, the Space Imaging Team will
conduct a pilot project that is designed to collect a representative sample of County-maintained
roadway segments. This pilot area will represent one-percent (10%) of the total project area, or 30
centerline miles of roadway.
The Space Imaging Team will work with County personnel to ensure that this pilot area contains a
representative sampling of data. This pilot project will contain enough data so that the County can
assess the process of collection, as well as the deliver ables, making sure that the process is acceptable
and meets Collier County expectations for this project.
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16 BQ .~
This pilot data set will be delivered in the format required (ESRI shapefile or Arc Info coverage) an't will
comply with all standards established by the Collier County GIS Taskforce. All data will be compatible
with ESRI's Spatial Database Engine (SDE) as well as the ArcGIS platform. Furthermore, the data will
overlay with the County basemap and projected, as required in the Florida, State Plane East Coordinate
System, NAD83 Projection (US Feet).
This sample data set will be compatible with any of the listed asset management vendors, because it will
be delivered in the required format (ESRI Shapefile or ArcInfo coverage) as well as in a Relational
Database Management System (RDBMS) format. As a result, the delivered data can be directly imported
into any Asset Management System software environment, including, but not limited to, Maintenance
Star, Cartegraph, or any other RDBMS.
Once this data set is delivered, the Space Imaging Team, (with the County's approval), will assist the
County in conducting an accuracy assessment of the collected data. The Space Imaging Team will then
refine their collection techniques to ensure that all assets are being collected at the accuracy and
precision that meets and exceeds the County's expectations for this project.
Item #
1
Task Descri tion
Task C - Sam Ie Data Collection - GEOSP AN
Total Cost
$13,942
Task D -- Delivery of Roadway Asset Inventory Database
The final deliverables for this project include the delivery of an ESRI Shapefile or ArcInfo coverage that
contains the entire Roadway Asset Inventory information. All of the assets (point and linear) will be
delivered as digital images with an image catalog built-in. This can be accomplished in a couple of
ways:
1. The files are delivered in ESRI Shapefile or ArcInfo format with a hotlink to the image of
the asset. Hotlinks are also provided to reference the meta data linked to each asset
record.
2. The database would be delivered with an image catalog built into it, using a unique
identifier for each asset record. Each asset record will have a link to the image as well as
to the asset metadata.
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Video-Based Asset Collection
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:I
GEOVAN
GEOSP AN has received a United States patent on its GEOVIST A technology for the real time integration
of Six Degrees of Freedom (6-DOF) spatial information with the collection of images from a moving
platform, and on its methodology for non-coplanar surveying with this information. This technology is
implemented in a GEOV AN enabling the rapid collection of visual geographic information and the
surveying methodology that allows accurate surveys at the desktop. In one pass, a GEOV AN collects
spatial information defining all the geographic elements that can be seen from a public way. The rapid
collection process creates a single point in time reference point that enables accurate inventory
procedures for managing the geographic elements referenced in the database.
The significance of the GEOSP AN patent is that our competitors need two cameras for each single
camera in a GEOV AN to obtain stereo coverage. Furthermore, non-coplanar surveying is more
accurate because multiple images at different locations are used to determine the location of the
surveyed points.
GEOVIST A 6-DOF Collection Technology
GEOSP AN uses multiple redundant location systems to provide precise 6- DOF data collection within all
urban environments. This collection also is correlated to the cameras, such that, precise location is
available for every single image collected. To enable latitude, longitude, and elevation to be collected in
real time, a Global Positioning Satellite (GPS) receiver is used. Since these three pieces of information
alone only account for half the required 6-DOF data, a second device is also employed. This device is
referred to as an Inertial Navigation System or INS. INS devices use ring laser gyroscopes to measure
28
, 1 6 B8!,;l
very tiny changes in angular velocity. Every subtle motion of the vehicle is caphrred and integrated with .
the GPS data to provide precise roll, pitch and yaw information for each image. LNS systems are
typically used today in all major commercial and military aircraft.
The combined use of these two systems also provides for position and rotational redundancy. Once a
stationary GEOV AN has received GPS location data, the INS system can be used to calculate position
information. The concept is that if you know where you are and you can measure all the changes in
velocity over time, you can also determine where any new position is simply by keeping track of all the
movements over time. This redundancy is what enables GEOSP AN collection vehicles to always know
where they are even inside tunnels and the dense urban canyons. GPS alone cannot provide continuous
coverage in the urban landscape. All GPS systems must have a clear view of the sky to receive the
satellite signals. In many cases the satellite signals that are received have bounced off many buildings
before they reach the receiver and cause a false reading. The redundancy from the INS system provides
the information required to eliminate these limitations of GPS technology while at the same time takes
advantage of the GPS information when it is available. GPS only systems are left literally in the dark
inside the dense canyons of downtown environments. The combined precision of these systems
eliminates the need for traditional Distance Measuring Equipment.
To extend the 6-DOF information accuracy collected in the field, GEOSP AN also employs stationary
GPS base stations located with a clear view of the satellites. This ground-based receiver is used to
remove additional satellite signal errors caused by the earth's atmosphere and any errors that may be
introduced by the US Department of Defense. Data collected from base stations is then processed along
with the vehicle collection data to update all image locations to an even higher degree of precision.
GEOVIST A Image Technology
GEOVIST A images are collected using broadcast quality cameras and lenses. Collection Vehicles contain
up to 6 cameras mounted 9 feet above the street pointed in all directions to provide a complete
panoramic coverage of the street scene. High Resolution (1360xl024) digital cameras are triggered
simultaneously at prescribed distance intervals to ensure multiple images of every asset.
Cameras mounted within the collection vehicle are further calibrated to provide their precise location
within the vehicle,. exact camera roll, pitch and yaw, and specific lens attributes to account for the
camera focal length and lens distortion properties. Image clarity is a key requirement of most GIS
systems. GEOSP AN uses the latest technology in totally automatic image exposure control. Since this
process is fully automatic, up to six cameras can be operated in the variable lighting environments
within urban areas. Sunlight and shadow compensation is totally resolved to the highest capability of
modern broadcast quality cameras.
GEOVIST A Six-Degrees-of-Freedom Digital Imagery
Six-Degrees-of-Freedom (6-DOF) information describes the precise location of the camera where the
image was taken. Unless you can access this information, you can never know with certainty what you
are looking at. The term 6-DOF is what refers to this camera location in precise terms. It describes the
latitude, longitude, and elevation of where the camera was at the time the image was captured, In
addition, it also includes the roll, pitch and yaw of the cameras to define where the camera was exactly
29
pointed. These 6 parameters mean that if you took another camera to this location and po!te9.t S 13
same roll, pitch and yaw direction; you would get the same exact picture yourself. 'When the latitude
and longitude of thousands of images are mapped in a GIS system, the map can be used as an index to
all the images contained in your GIS.
This ability to organize large numbers of images is what is required to effectively use images within a
GIS. The patented GEOSP AN Rapid Data Collection Vehide is what permits the collection of this 6-
DOF information for every image quickly so that images can be collected at low cost' for large
geographic areas.
GEOVIST A Non-Coplanar Desktop Surveying
Non-coplanar desktop surveying goes beyond just viewing images. It permits specific points within an
image to be located to a high degree of precision. GEOSP AN 6-DOF data collection is so precise that
when a single point is located within any two images, its latitude, longitude, and elevation can be
precisely calculated. Patented GEOSP AN software tools work with the 6-DOF data directly to permit
any user with minimal training to perform surveying directly from GEOVIST A images on a traditional
desktop personal computer. This remarkable ability is only possible because of the high GEOSP AN
image quality integrated with the high accuracy of GEOSP AN 6-DOF collection. These two technologies
are integrated into collection vehicles to capture up to 42 images per second or over 150,000 images per
hour. With a continuous set of images, non-coplanar desktop surveying is possible for any point visible,
,
in any direction from the roadway.
GEOVIST A Data Accuracy
There are three components of non-coplanar desktop surveying accuracy:
1) Accuracy of the vehicle navigation solution.
2) Accuracy of each camera's calibration.
3) Particular Survey Geometry.
Each component will be described in detail in the following sections. The combined horizontal accuracy
of surveyed points within 100 feet of the Rapid Data Collection Vehicle will be within one meter.
Accuracy is cross-checked to ensure that we achieve this result.
Vehicle navigation solution
GEOV AN technology combines Global Positioning System (GPS) data (augmented by Real Time
Differential Corrections) and Inertial Navigation System (INS) data to provide real-time position relative
to the van. In post-processing, the base station data replaces the Real Time Differential corrections. The
differentially corrected GPS solution provides intermittent location data while the INS provides a
continuous reference trajectory. The end result of post-processing is that the INS data and the GPS data
are best fit into a unified navigation solution. Precise location of the Base Station (in WGS-84
coordinates) is critical to achievement of the required accuracy. Attitude accuracy (roll, pitch, and yaw)
is better than a tenth of a degree in all axes.
30
Accuracy of each camera's calibration
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Camera calibration includes both the 6-DOF offset of the camera with respect to the van navigation
solution and also the characterization of how image pixels map into lines-of-sight in camera coordinates.
In the design of the GEOV AN, care was taken to assure that the fixed cameras retain their geometry
with respect to the navigation system. GEOSP AN's camera calibration techniques typically result in
residual errors that are sub-pixel in magnitude.
Particular survey geometry
In non-coplanar desktop surveying, the user is free to choose which two (or more) images of an object
sjhe will use in the survey. Images, which were taken close together typically, yield nearly parallel
lines of sight in a survey, resulting in greater range uncertainty than would result from lines of sight
with high crossing angles. GEOSP AN's non-coplanar desktop surveying software computes the
uncertainty of the survey measurement, taking the uncertainties in the original image locations and
factors them through the geometry of the particular survey, reporting the composite uncertainty.
GEOVISTA Collection Procedures
GEOSP AN Rapid Data Collection Vehicles can travel in all areas accessible to the public along
established roads and access ways. The following diagtam shows a typical camera configuration:
Six cameras located around the GEOV AN are designed to provide a complete panoramic view to all
things visible from the street. Three special camera settings provide for optimal views with special
emphasis on the right of way. Cameras numbered #1 and #3 are used for front and rear views plus
special focus on the boulevards. Cameras numbered #2 are specialS.S mm ultra-wide angle lenses with
the widest possible field of view without introducing "fisheye" effects. These wide-angle lenses have an
820 field of view. At 30 feet from the van, we can typically capture two story buildings and still see the
edge of pavement or curb. They are specifically set up to provide full view of sidewalks, shoulders and
31
right-of-way. As the GEOVAN moves down the street, camera images can be captured~vQ DB.
This assures that every possible camera angle is captured for every asset. During GEOSP AN processing,
each camera view is evaluated to determine which specific image best shows the full features of each
asset. GEOV AN cameras are mounted approximately 9 feet above the ground. This higher viewpoint
means that all cameras will see over the top of all parked cars and mini-vans.
~~
f
Project Activities and Quality Control Procedures
We have prepared a plan for Collier County to inventory and visualize County assets as needed. While
the plan will be further tailored to satisfy County management, it is currently structured to provide the
County with a low-cost asset inventory together with the tools to gather additional attribute information
as needed from the imagery by County personneL GEOSP AN will customize and incorporate the
required Data Development Manual procedures and training for ongoing management of County assets.
Pre-Production Activities
During the Pre-Production phase the following steps will be completed or scheduled:
Obtain All Available County Data - GEOSP AN will request:
Any available aerial imagery
Any available street centerline and street name data
Criteria for Data Development Manual - GEOSP AN will prepare a detailed "Data Development
Manual" that includes all facets of options and rules for data extraction purposes. The Data
Development Manual will be sent to the County for review. Any changes to the database options or
collection procedures will be made at this time.
Database Designed - Specific to the County needs for each dataset with review and approval by the
County. The database will be compatible with Maintenance Star, Cartegraph, or any other relational
database software.
Additional Programming - Changes identified to ensure accuracy of each dataset will be added to the
existing extraction program.
Preliminary Survey of Existing Video - Production team will assign control sections.
Schedule Data Capture - GEOSP AN will schedule the field data capture.
Pre-Production Phone Conference with County - Purpose of the conference IS to determine the
procedures and approaches to the work. Submission of an elech"onic example of the database with a
printout will be presented to the County prior to the meeting to allow time for review.
Project and Equipment Preparation - GEOV AN operators will be briefed on the project, equipment
checked, test runs conducted and the location of local GPS base stations established.
Refine Production Process - any adjustments resulting from the Pre-Production meeting will be
implemented as needed.
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:/
,
Digital Video Capture
Completely capture approximately 300 miles of County streets. The image capture will take from 4-6
weeks with two GEOV ANs.
Process and Edit Video
The imagery is edited to remove any unnecessary video. Each road segment must pass a QA test prior to
being accepted for delivery. Positional accuracy is cross-checked to ensure that we achieve sub-meter
survey results. This process involves comparing survey results from different runs that overlap as well
as comparing the results to the available orthophotos. If the results do not meet specs, the data is
rejected.
Rework: Capture and Process
All road segments that were found to be missing or of inadequate quality will be re-driven and
reprocessed.
Prepare Asset Extraction Rules and Training
Our proposal for Collier County includes an emphasis on procedures and training. We will meet with
your personnel to establish a complete rulebook for extracting assets from our imagery. We will then
customize our training upon the agreed upon procedures. The procedures and training will include
agreed upon procedures and training for consistent quality control. These procedures will be pattemed
around the proven methods used by GEOSP AN when it provides asset data extraction service for its
customers.
GEOSP AN is unique in our ability to display GP.S point locations and associated attribute data in its
digital imagery. This simplifies the QA process because the operator can usee" the location, size and
orientation of the sign drawn around the sign in the video. The QA personnel can flag any questionable
value for verification in the field.
Install System and Data
GEOSP AN will deliver the video and the GEOVIST A 360" Visual Surveyor installed on two libraries of
DVDs. GEOSP AN will retain one copy for support purposes. GEOSP AN will work with the County
Project Manager to install the data.
System Documentation and Training
GEOSP AN will provide onsite training.
Presentation of Report - A conference call between the County and GEOSP AN to will be held to convey
a final report on project to the County.
Documentation - With the software, GEOSPAN provides a fully illustrated Users Guide in hard copy
and digital form. It includes step-by-step instructions for program functionality, interaction with the
"'"
JJ
imagery, mappmg engmes and GPS extraction.
delivery .
In addition, technical support J pftBJ1ter
1
Training - On-site training or Web-EX demonstrations are available options for staff. Training is
designed around the Users Guide to ensure an easy reference after the initial training.
Task Deliverables
. Sub-meter GPS location and associated attribution of visually captured assets along 300 miles
of County-maintained roads. This includes:
o Data collection using a van-based imaging system, as described above and delivery of
the assets and attributes listed in Appendix C.
o Sub-meter field data collection of stormwater assets and attributes listed in Appendix
C.
. The files are delivered in ESRI Shapefile or ArcInfo format with a hotlink to the image of the
asset. Hotlinks are also provided to reference the metadata linked to each asset record.
. The database will be delivered with an image catalog built into it, using a unique identifier
for each asset record. Each asset record will have a link to the image as well as to the asset
meta data.
Item Task Description Total Cost
1 Task D - Data Collection and Delivery - GEOSP AN $141,828
2 Task D - Data Collection and Deliverv of Stormwater Features. $70,914
***NOTE: ?ome features listed in Appendix C will not be captured during the data collection phase due to visual obstructions
or other physical impediments. We propose that these be captured during the ground-based field survey of the stormwater
infrastructure and QA/QC process. If the field-based data collection option is not chosen, Space Imaging will not be
responsible for re-imaging any missed assets along the route of travel. If an asset can be identified in the imagery, it will be
placed in the Asset Inventory Database.
Task E - Supply GEOVIST A Software to Collier County and Provide Training and User
Documentation.
GEOVIST A 360" Viewer - This is a VIEWER designed to integrate ESRI GIS software with the
GEOSP AN digital imagery and is used for the VIEWING of assets only. This software is available for
users of the data who would like a way to view the imagery collected with GEOSP AN van in a GIS-
based environment.
GEOVIST A 3600 Visual Surveyor
GEOSP AN's unique 3600 desktop data collection and viewing capability will bring maximum imagery
to the desktop to meet the County's asset inventory objectives including optional Countywide Intemet
viewing access to the imagery and full integration with Hansen, Cartegraph, SAP, or any other Asset
Management Software.
34
1688 I
Our products include complete life-cycle management concepts including support from direct interface
with field data collectors to central web storage and access. We have included a multimedia CD to
demonstrate many of these advanced end-to-end concepts including the display of planned or new
assets in the video even after our asset inventory work has been completed. The seamless integration
between extracted asset data and major databases such as Access or SQL provide for the ability to
visualize County data to better manage the Asset infrastructure.
The 3600 Visual Surveyor software allows easy access to asset inventory information by any of the
following methods:
. Point at a location on the map (Brings up camera looking at the location)
. Select asset location symbol from map (Brings up asset data form)
. Select asset location symbol in video (Brings up asset data form)
. Optional entry of two street names (Brings up image in intersection)
Once the 3600 Visual Surveyor software brings up the Video Viewer, the user has control to change
views, and to drive forward or backward. Up to four Video Viewers can be open at one time.
The 3600 Visual Surveyor software enables GPS point extraction for any location viewable in the
GEOVIST A Video by simply selecting the same pixel representing the desired location in at least two
video frames. GPS point locations are displayed in every GEOVIST A video frame with coverage of that
location. Imagine being able to view any location along your Countywide street network with the click
of a mouse. This software provides visual confirmation of what has been inventoried and allows
retrieval of the database records by simply clicking on the object in the GEOVISTA imagery. This
capability also shows assets that have been removed but still exist in the video.
GEOVIST A 3600 Visual Surveyor software is compatible with all Microsoft Windows™ operating
systems.
The GEOVIST A Video will require approximately 300 gigabytes of storage space and can reside
anywhere on the County network. This includes a complete panoramic view consisting of six 1360 x
1024 images every 50 ft. Images can be taken more frequently if desired.
Deliverables:
. All point and linear features will have sub-meter accuracy.
. All point features will be delivered with X,Y,Z location, milepost, offset, survey, digital
image, route, feature type, and attribute data.
. All linear features will be delivered with from/to milepost values, route, survey, digital
image, feature type, and attribute data.
. Metadata will be created during field data collection and will specify location date, operator,
road name/lD, feature type and attributes according to County specifications.
All data will be delivered to the County in a format that is viewable by ESRI ArcGIs software or
equivalent. The County will have forty-five (45) days to perform a quality check on the data.
35
16 B8 .~
Item =# Task Description Total Cost
1 Task E - GEOVIST A 3600 Viewer - One License $637
2 Task E - GEOVISTA 3600 Visual Surveyor - One License $3,185
3 Task E - GEOVISTA 3600 Training $2,263
Task F -- Supply 4 Personal Data Assistants (PDAs) loaded with ArcPad Software and GPS-enabled
data collection abilities. (This task has been eliminated from the scope of work.)
Task G -- Conversion of the Signals Cartegraph (Version 4.0) database to Version 6.0.b
Space Imaging will convert the existing Cartegraph signals database from Version 4.0 to Version 6.0.
The conversion process will involve the creation of a data mapping document that describes the
data in its current form and maps where the data will reside after the conversion is complete.
Collier County TSD will review, revise (if necessary) and eventually sign off on a final data
conversion document.
Once the conversion is complete, the converted database will be delivered to the County for review
and final acceptance. The County will have 30 days to review and accept the final data conversion.
Item #
1
Task Descri tion
Task G - Conversion of CG Si als DB V4.0 to V6.0
Total Cost
$6,102
Task H -- Pavement Condition assessment for approximately 1,330 miles of County Roads.
1. Pavement Management System Background
Collier County currently has maintenance responsibilities for approximately 1,330 centerline miles of
roadway. The roadway network consists of local streets to major arterial routes and is comprised
primarily of asphalt concrete (AC) pavement, with a majority of the roadways consisting of 2-lane roads.
To enhance its current pavement management process, Collier County is now looking to implement a
computerized pavement management system that will:
. Warehouse multiple years of pavement information (construction records, materials information,
traffic data, deflection testing results, and condition information) on a section-by-section basis
. Project future pavement conditions
. Project future pavement rehabilitation needs (short- and long-term needs) based on pavement
conditions and any other criteria specified by the County
. Provide detailed reports
. Provide a logical basis for identifying and selecting roadway improvement projects
. Link with the County's existing geographical information system (GIS) to provide graphical
summaries of data and analysis results.
. Be easy to use and be located within the County's offices
36
16 B 8' ~
To achieve these pavement management goals, Collier County is looking for assistance from a
pavement- engineering consultant with experience and expertise in pavement management systems for
local transportation agencies. Specifically, Collier County is seeking assistance to implement an efficient
system that can be operated using the County's in-house staff and resources. The pavement consultant
is to provide these services as a subconsultant to Space Imaging, Inc. (SI) as part of 51's asset
management contract with the County. Major tasks required for the pavement management initial
implementation effort include the following:
· Inventory of roadways
. Collect pavement condition data
· Analyze the collected survey data
. Upload condition data into the County's pavement/ asset management software
· Customize the engineering models in the pavement management software to Collier County's
conditions
· Implementing (installing) the system at the County's offices
· Providing the County's staff with training on use of the pavement management system
To assist with these efforts, ERES Consultants (a division of Applied Research Associates, Inc) proposes
to collect and analyze the pavement condition data, upload the data into the pavement management
software, and help SI and its other teaming partners in the customization and implementation of Collier
County's pavement management software. Specifically, ERES is to provide options concerning the
following collection methodologies:
· Collect digital images of the pavement surface using a vehicle-based camera system
· Process the digital images at a computerized workstation to identify pavement distresses and
calculate a pavement condition index
· Perform a windshield survey, utilizing 5 common distresses and generating a Pavement
Condition Index (PCI) for each segment of road.
· Upload the pavement distress data and index information into the county's pavement
management software
· Assist sI in customizing the engineering models in the pavement management software. In
particular, ERES will help develop pavement performance models and pavement repair decision
trees. The performance models will be used to predict future pavement conditions, and the
decision trees will help Collier County develop future pavement repair programs.
· Assist SI in the training of Collier County staff in the use of the pavement management software.
2. Project personnel plan
Introduction
This project will involve collecting roadway images and data, customizing software, integrating with
Collier County's GIS, and training. To ensure the success of this effort, ERES has brought together a
team of pavement engineers, information technology (IT) experts, GIS specialists, and technicians who
are experienced in these critical areas.
In addition, the ERES team will work closely with SI and the Collier County staff to complete the
required tasks. Involvement in the project by Collier County staff will allow the County to maximize the
use of its staffing resources and ensure staff "buy-in" of the County's pavement and asset management
systems.
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Proposed Project Team
The organizational chart for the ERES team is provided in figure 2.1, and the team's staffing assignments
are summarized in table 2.1. The staffing assignment table identifies the leader and pertinent
supporting staff for each proposed project task. Additional discussions about the proposed project
team, each leader's role on the project,' and each leader's qualifications are provided in the paragraphs
that follow.
Figure 2.1 Organizational chart.
Al
tion Task Leader ortin Staff
P ART A: PAVEMENT CONDITION SURVEY DATA COLLECTIONjPROCESSING
Paul Foxworth
Gaylord
Cumberled e
Darin Le di
Brian McClenahen
Brian McClenahen
Technician
Tro Shaffer
Lori Ro ers
Kick-off Meeting
Carl Rascoe
A2
Site Mobilization
Carl Rascoe
A3
Collect Digital Images
Gaylord
Cumberledge
Gaylord
Cumberledge
Process Digital Images (Pavement
Distress)
Upload Updated Inventory and
Survey into Pavement Management William Weiss
Software
PART B: PAVEMENT MANAGEMENT SYSTEM IMPLEMENTATION
Customize Engineering Models m
Car I Rascoe
Pavement Mana ement Software
Provide On-Site Training
A4
A5
J acobW alter
Bl
B2
Carl Rascoe
Jacob Walter
Paul Foxworth
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PART C: PROVIDE DIGITAL IMAGES
Cl Link Database of Digital Images to Jacob Walter Donna Binion
GIS
Carl Rascoe, P.E.
Mr. Rascoe will serve as the ERES team's Project Principal and Project Manager. He has over 20 years of
experience in highway pavement design, pavement materials testing, nondestructive pavement
evaluation, and pavement management system implementation. Mr. Rascoe has managed and
conducted numerous pavement condition data collection activities and participated in the establishment
of pavement management databases. He is familiar with a number of pavement and asset management
tools, such as MicroP AVER, CarteGraph, RoadCare, and others. His primary expertise includes the use
of the falling weight deflectometer (FWD) and ground penetrating radar (GPR) for pavement
rehabilitation and CarteGraph's P A VEMENTView Plus for network pavement management system
implementation.
Paul Foxworthy, Ph.Do, P.E.
Dr. Foxworthy is the ERES team's technical advisor, focusing on the pavement management elements of
the proposed scope of services. Dr. Foxworthy was ERES's project manager in the Lee County's
pavement management system implementation project in 2002, and he has over 28 years of experience
in highway pavement design, pavement materials testing, nondestructive pavement evaluation, and
pavement management system implementation. His primary expertise centers on the use of the FWD
and GPR for pavement rehabilitation and CarteGraph's P A VEMENTView Plus for network pavement
management system implementation. In addition to his work for Lee County, he has implemented
P A VEMENTView Plus for the cities of Denton, Texas; Manhattan, Kansas; Jennings, Missouri; and
Merced County, California. In addition, he has used both manual and automated surface distress data
collection techniques to implement pavement management systems.
Gaylord Cumberledge, P.E.
Mr. Cumberledge will oversee all aspects of the vehicle-based digital image data collection and analysis
activities, including verification of the accuracy of the data collection equipment at the start of the
project. Mr. Cumberledge brings extensive pavement engineering and management experience to the
project. As one of the original founders of EREs's Harrisburg, Pennsylvania, transportation data
collection office, he is now responsible for managing and coordinating the timely and accurate
completion of engineering and data collection services for the office's operations. He also performs
expert analysis and manages several of the office's major data collection efforts.
Mr. Cumberledge has served as project manager on various projects, including pavement distress and
right-of-way image data collection for Metro Nashville-Davidson County Department of Public Works,
Cobb County (Georgia), and the Virginia DOT. He also trains the ERES staff in the performance of
pavement distress surveys using various survey methods, including the Pavement Condition Index
(PCI) procedure. He is responsible for supervising data analyses and ensures that those operations are
performed properly and in a timely manner.
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Mr. Weiss is a Senior Engineer in ERES's pavement management group. Mr. Weiss led the data
collection efforts for Lee County's pavement management system implementation in 2002, and he
routinely performs pavement surface condition assessment, pavement management system
implementation, and maintenance, repair, and rehabilitation (MR&R) recommendations. Mr. Weiss
coordinates pavement condition survey data collection activities and oversees the establishment of
pavement management databases. In addition to his Lee County experience, Mr. Weiss's recent projects
include the pavement management system implementations for Griffin, Georgia; Peoria, Arizona;
Livonia, Michigan; and the Illinois State Toll Highway Authority.
William R. Weiss, P.E.
lacob D. Walter
Mr. Walter will provide database setup, implementation, management, and administration services on
this system update project, a role he played on the Lee County pavement management system
implementation project in 2002. Mr. Walter routinely provides similar databases for several of ERES's
pavement management and pavement condition survey projects. Mr. Walter also develops software
tools for the collection and processing of PCI-based distress data. He has developed databases and data
collection & analysis tools for several agencies, including the illinois Tollway and the City of Griffin,
Georgia.
Pavement Management System
Video-Based Pavement Data Collection and Associated Services
Introduction
To assist SI and Collier County's in the implementation of the County's pavement management system,
ERES Consultants proposes to provide the scope of services outlined in the paragraphs that follow. To
help evaluate our proposal, we have divided our services into three primary categories - Pavement
condition data collection, pavement condition data analysis, and Management System Update and Asset
Management Data Collection.
Part A. Pavement Condition Survey Data CollectionfProcessing
Part A of the proposed scope of services consists of collecting and analyzing digital images of Collier
County's pavement network using vehicle-based digital video survey technologies. Summaries of the
work tasks associated with Part A are provided below.
Task Ai. Kick-Off Meeting
To initiate Part A of the project, ERES will conduct a I-day kick-off meeting to clarify the proposed work
activities, coordinate the data collection efforts, and finalize the proposed work plan for Parts A, B, and
C of the project. The meeting will be conducted at Collier County's offices and should involve
representatives of from Collier County's pavement management group.
Task A2. Site Mobilization
In Task A2, ERES will perform the following activities:
. Develop a survey routing plan based on the amount & make up of streets/roads included in
survey. The routing plan will optimize the survey efficiency and minimize the cost to the
County.
. Mobilization of equipment and staff to Collier County.
40
Task A3. Collect Digital Images of Roadway SUIfaces and Roadway Assets 16 B 8 ,1
EREs will conduct the automated video distress survey using a vehicle equipped with digital pavement
and right-of-way cameras and a set of lasers mounted on the front bumper. This equipment
simultaneously records the surface condition, rutting, and roughness of the pavement surface. It also
records images of roadside assets. The van-mounted camera and profiler system is manufactured by
Intemational Cybemetics Corporation (ICC) and offers the highest quality downward-looking
pavement images available on the market. We will collect the required digital images and other data
using a state-of-the-art vehicle containing the following synchronized survey systems:
. Digital Pavement Imaging System
. Pavement Illumination System
. Road Pro filer System (IR~ & Rut Data)
. Applanix PaS-LV System (GPS, Inertial Navigation and Geometric Data)
An onboard 5 kW, military grade, engine generator powers all survey systems. The survey systems are
also tied into un-interruptable power supplies (UPS) to prevent disruption of survey operations and loss
of data during any interruptions in the vehicle power supply. The ERES digital survey vehicle (DSV) is
shown in figures 3.1 and 3.2 with the various survey syste:m.<; labeled. The survey system characteristics
are summarized in table 3.1.
Figure 3. I. Rear view of DSV.
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.~~
Figure 3.2. Front view of DsV.
Table 3.1. Survey system characteristics.
Survey System Manufacturer Camera or No. of Resolution Survey
Sensor Type Sensors or Accuracy Speed,
Max
Digital Pavement International Bassler Line- 1 2,000 pixels 50 MPH @
Imaging System Cybernetics Scan per scan 20-ft image
. Corporation Monochrome line Intervals
Road Profiler ICC Selcom, 16 9 0.002 inches 60 + MPH
kHz, Laser
GPS Receiver Trimble AG 320 1 Sub-meter 60 + MPH
Differential GPS Applannix DGPS 2 Sub-meter 60 + MPH
POS LV - X,Y Applannix NjA 1 0.20 m 15 sec
Position signal
outage
POS LV - Z Vert. Applannix NjA 1 0.20 m 15 see
Pos. signal
outage
Roll & Pitch Applannix NjA 1 0.07 degrees 15 see
signal
outage
True Heading Applannix NjA 1 0.07 degrees 15 see
signal
outage
Asset Management - ICC Color, Digital 2 1300 by 60 + MPH
Windshield & Video Camera 1024 pixels, @ 25-ft
Shoulder Images each intervals
42
Distance Measuring ICC
Instrument
NjA
1688
1-ft per mile 160 + MPH
ERES's digital pavement imaging system works in conjunction with the pavement illumination system
to collect continuous images of the pavement's surface. The combination of these two systems allows
ERES to collect pavement images both day and night for maximum project flexibility.
The digital pavement imaging system consists of a Bassler, 2000 pixel, line-scanning digital video
camera. The imaging system is mounted on the rear of the vehicle and records continuous images with ..
a width of survey of 14.5 ft (4.4 m). Each image represents a 20-ft length of pavement. Survey
operations can be performed either day or night, and at speeds up to 50 MPH (80 KPH), with no loss of
image. The pavement images are stored as JPG files on 40GB removable hard drives. Each drive can
hold enough images to c.over over 150 lane-miles (240 kilometers) of survey. Each pavement image
represents a portion of pavement 14.5 ft wide by 20 ft long. The images are of sufficient resolution that
1-mm defects are readily visible.
These systems have been in production use since the spring of 2001, for clients including the U.s. Army
ERDC-CERL, Washington, D.C. Department of Public Works, Kansas DOT, New York State DOT,
Virginia DOT, City of Denton, Texas, City of Nashville, Tennessee, and City of Livonia, Michigan.
The pavement illumination system is used in conjunction with the digital pavement imaging system to
collect high-resolution pavement images. This system consists of 10-150W metal halide stage lights
mounted on a custom framework on the rear of the vehicle. These lights have special lenses that allow
their light to be focused into a narrow band of intense illumination placed directly under the digital line
scan camera. The Applannix POS-L V system is a differential geographic positioning system (GPS),
inertial navigation, and geometric system for land vehicles. It provides the system with GPS coordinates
for locations such as survey start, survey stop, section event, and image location. These coordinates
have sub-meter accuracy.
EREs's panoramic imaging system uses three 1300 by 1024 pixel, color, digital cameras to collect right-
of-way (ROW) images, as shown in figure 3.3. The ROW images are 'oriented straight ahead (F) and to
the front left and front right sides (5).
Figure 3.3. Inspection vehicle cameras.
The digital image survey will be performed as follows to optimize the collection of the roadway assets:
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. Arterial and Collector Roads (undivided roadways): The survey vehicle will be driven one pass
in each direction.
. Local Roads: In surveying the local roads, the DSV will only drive in only one direction of
traffic.
Task A4. Conduct Pavement Condition Survey using Digital Images of Pavement Surface
After the completion of task A3, the ERES team will conduct a pavement distress survey of Collier
County's entire roadway network (1330 miles). As part of the pavement condition survey efforts, the
inspection teams will also identify/verify the following:
1. Roadway width within each pavement management section.
2. Predominant pavement distresses (up to 5) within each pavement section, estimating the type,
severity, and extent of noted distress
3. Calculation of an overall pavement condition rating (e.g., PCI) within each pavement section
using the distress data.
The ERES team will use the digital images obtained in task A3 to obtain pavement distress using a
digital image workstation (figure 3.5) and the simplified pavement condition index (PCI) survey guides
and protocols that ERES developed and used for Lee County's 2002 pavement management system
implementation. The survey will consist of a 25 to 100% percent sampling rate, depending on the
roadway classification and the length of the pavement management section. rate for locals and collector
roads, and a 100% sampling for local roads. Pavement condition data will be taken directly from the
images for loading into the database.
Typical ERES digital workstation.
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Note that physical testing of the pavement (e.g., coring, soil borings, deflection testing) is not planned
for this project. ERES's approach is to perform only a visual condition survey of the pavements (by
processing the roadway digital images) and to use the survey results to implement the engineering
performance models as necessary and generate a multi-year pavement rehabilitation program to identify
candidate roadway segments for rehabilitation. The condition surveys provide a wealth of information
about the pavement conditions and the likely causes of any deterioration, and the visual survey results
are more than adequate to conduct network-level planning. Collecting soils data, deflection testing data,
and other detailed infor:rr:tation on a network-wide level is typically overkill and not cost-effective. A
better and more cost-effective approach is to reserve detailed testing efforts for only those sections that
are triggered for rehabilitation by the pavement management system. Using this approach, the more
detailed work is limited to only those sections that require it, and the results of the testing can be used to
generate specific pavement rehabilitation recommendations (e.g., repair locations and overlay
thickness) .
Task AS. Upload Updated Inventory and Survey Data into Software Databases
In task AS, ERES will upload the updated roadway information and the new condition data for the
arterial and collector roads into the P A VEMENTView Plus databases. Collier County will then be able
to access this updated information easily and logically via its GIS.
Item # Task Description Total Cost
1 Task H - Video-Based Pavement Data Collection and Associated
Services $179,967
45
SCHEDULE B
BASIS OF COMPENSATION
16B8
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.
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;
46
(c)
when authorized in advance by OWNER, except as specificaIt o~e~~
provided herein, the expense of overtime work requiring higher than regular
rates; and
expenses for renderings, models and mock-ups requested by OWNER.
(d)
8.2.3. 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.
8.3.1. 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.
8.3.2. 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.
8.3.3. 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.
47
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Task A - Dynamic Segmentation and Linear Reference System Creation
Task B - Data Development Manual Creation
Task C - Sample Data Collection - GEOSPAN
Task D - Data Collection and Delivery - GEOSPAN
Task 0 - Data Collection and Delivery of Stormwater Features
Task E - GEOVISTA 3600 Viewer - One License
Task E - GEOVISTA 3600 Visual Surveyor - One License
Task E - GEOVISTA 3600 Training
Task F - 4 PDAs loaded with ArcPad software and GPS
Task G - Conversion of CG Signals DB V4.0 to V6.0
,
Task H - Video-Based Pavement Data Collection and Associated Services
Totals for Tasks A - H
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$27,203
$9,594
$13,942
$141,828
$70,914
$637
$3,185
$2,263
Task Deleted
$6,102
$179,967
$455,635
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
GIS Intern $37.32
GIS Analyst I Cartographer $46.25
GIS Technician $40.58
GIS Analyst $98.46
GIS Application Developer $98.46
GIS Coordinator $98.46
Database Designer $100.53
Database Specialist $110.02
Regional Manager $113.17
Project Manager $90.10
Sr. Project Manager $131.09
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SCHEDULE C
16B8
PROJECT SCHEDULE
.SPACE
IMAGING"
YlsuaIlnfarmation. Visible Results.
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51
16B8
SCHEDULE 0
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 Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under the
I
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 Contractor/Consultant/Professional 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.
52
16B8
(7) Contractor/Consultant/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.
(8) Should at any time the Contractor/Consultant/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 by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor/Consultant/ 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:
53
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
16B8
$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 by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
54
Contractors, Broad Form Property Damage including Completed Operations and ~ogct?aa
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
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$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 wording. "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.
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(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.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work 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 '
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable.
_ 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
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1688
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 du_plication
of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary
buildings and debris removal including demolition occasioned by enforcement of any applicable
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,
57
which shall specifically cover such insured objects during installation and u!i1qPa{!ptance
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
insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by
endorsement or otherwise.
(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 $
58
AUTOMOBILE LIABILITY INSURANCE
16B8
Required by this 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.
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 tiability 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.
59
16B8
PROFESSIONAL LIABILITY INSURANCE
Required by this 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:
$ 500,000 each claim and in the aggregate
X $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 OF SCHEDULE D.
60
^'~11 ACORD...
PRODUCER
Aon Risk se~vi~esl I~C, of colorado
4100 East M1SS1SSlppl Avenue
suite1500
Denver CO 80246 USA
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Ai~D CONFER~ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
PHONE- 303) 758-7688
FAX- 303 758-9458
INSURERS AFFORDING COVERAGE
INSURED
space Imaging, Inc.
12076 Grant Street
Thornton co 802410000 USA
INSURER A_
Federal Insurance Company
Illinois union Insurance Company
INSURER B:
INSURER C:
...
..
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-.:
=
..
"C:
....
...
..
::::
c
i:l:
INSURER D
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HA VB BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_
AGGREGATE LIMITS SHOWN MA YHA VB BEEN REDUCED BY PAID CLAIMS_
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY- EXPIRATION
DATE(MM\DDlYY-) DATE(MM\DDlYY)
LIMITS
A
GENERAL LL"'-Bll.ITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
35818207
DOMESTIC & FOREIGN COMMERCIAL
05/31/03
05/31/04
EACH OCCURRENCE
$1,000,000
$1,000,000
$10,000
$1,000,000
$2,000,000
$2,000,000
\!:
N
~
'<t
N
ex:
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c
c
c
.....
lr
FIRE DAMAGE(Anv one fire)
MED EXP (Anv one person)
PERSONAL & ADY INJURY
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY D ;g~ 0 LOC
PRODUCTS - COMP/OP AGG
A
74969913
DOMESTIC AUTO
05/31/03
05/31/04
COMBINED SINGLE LIMlr
(Ea accident)
$1,000,000
<:
2
..
...
"
'"
t;:
:;
~
..
Co
OS
BODILY INJURY
( Per person)
BODILY INJURY
(Per accident)
PROPERry DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER rHAN
AUTO ONLY:
EA ACC
AGG
EXCESS LIABll.ITY
OCCUR D CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTffiLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABll.ITY
AUTHORlZED REPRESENT A TIVE
~
~
-
~
~
$5,000,000 :t:;
$250,000 ~
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E.L. DISEASE-POLICY LIMlT
E.L. DISEASE-EA EMPLOYEE
B
OTHER
EONG21642162001
professional Liability
09/08/03
09/08/04
Limit (1)
SIR/Deducti b 1 e (1)
X
prof Liability
DESCRlPTION OF OPERATIONS/LOCATIONSIVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County is added as an Additional Insured as required by written contract but limited to the operations of
the Insured under said contract, and always subject to the policy terms, conditions and exclusions.
cancellation provision shown herein is subject to shorter or longer time periods depending on the jurisdiction
Co II i er county
Attn: Kelsey ward
3301 E. Tamlami Trail
Naples FL 34112 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Attachment to ACORD Certificate for space Imagi ng, Inc. 1 LBO
Th, t,rm,. ooodition, ~d p,ovi,io", noted b,low ,;, h,,,by "'''oh,d to the "ptioned oertifi"" " ,dditioo'; dYp"oo \lth,
coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the
policy.
INSURER
INSURED
Space Imaging, Inc.
12076 Grant Street
Thornton co 802410000 USA
INSURER
INSURER
INSURER
ADDITIONAL POLICIES
INSURER
If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
POLICY POLICY
INSR TYPE OF INSURAI'lCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LTR POLICY DESCRIPTION DATE DATE
~
DESCRIPTION OF OPERATlONSILOCATIONSlVEillCLESIEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISlONS
and reason for, the cancellation.
Certificate No :
570009824926
1688
This certificate is executed bv Libe Mutual Insurance Grou as res ects such insurance as is afforded b those com anies. BM0068
Certificate ofInsurance
This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage
afforded b the olicies listed below.
This is to certify that (Name and address ofInsured)
~..:, Libertx
~ MutmilM
SPACE !lvlAGING, INC
12076 GRANT STREET
THORNTON, CO 80241-3102
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and
is not altered bv any reouirement. term or condition of any contract or other document with resoect to which this certificate may be issued.
Exoiration Tvoe Exoiration Date(s) POliCY Number(s) Limits of Liabilitv
Continuous* 04/11/2005 WC2-l91-430244-0 14 Coverage afforded under WC law of Employers Liability
>-- the following states:
>-- Extended Bodily Injury By Accident
X Policy Term .1\2, CA, CO, DC, FL, !D, MD, Ml, NH, OH, $1,000,000 Each Accident
OK, OR, !JT, V A Bodily Injury By Disease
$1,000,000 Policy Limit
Workers Compensation Bodily Injury By Disease
$1,000,000 Each Person
General Aggregate-Other than Prod/Completed Operations
General Liability
Products/Completed Operations Aggregate
H Claims Made
Occurrence Bodily Injury and Property Damage Liability Per
Occurrence
I Retro Date I Personal and Advertising Injury Per Person /
Ore:anization
Other Liability I Other Liability
EaCh AcclOent - ;smgle LImit - tl. J. ana.l:". D. Combinea
Automobile Liability
Each Person
- Owned
- Non-Owned Each Accident or Occurrence
Hired
Each Accident or Occurrence
C
0
M
M
E
N
T
S
.If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of
the continuation of coverage.
Special Notice - Ohio: Any person who, with intent to defraud or knowing that he I she is facilitating a fraud against an insurer, submits an application or fIles a claim containing a false or
deceptive statement is guilty of insurance fraud.
[mportant information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer,
whose ruune and telephone number appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number.
Notice of cancellation: (not applicable unless a number of days is entered below). Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above
policies until at least 30 days notice of such cancellation has been mailed to:
Office: ENGLEWOOD, CO Phone: 303-799-0818 rrWR1"W JhrnlUh
Certificate Holder: MELANIE SMITH
ATTN KELSEY WARD Authorized Renresentative
COLLIER COUNTY GOVERNMENT
PURCHASING BUILDING
3301 E TAMIAMI TRAIL
NAPLES, FL 34112
Date Issued: 05/05/2004 Prepared By: PK
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
1618
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Space Imaging LLC 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 Consultant Services for Developing a
Roadway Asset Database are accurate, complete and current as of the time of contracting.
Space Imaging LLC
BY:
($:S~
C/;-F f/tI- flCC_nl 9f1jly--
TITLE:
DATE:
J~');'v
61
16 I>
1IJ.
MEMORANDUM
Date:
April 29, 2004
To:
Ron Dillard, Senior Project Manager
Public Utilities Engineering Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment No.1 to Contract No. 03-3517; with Greeley
and Hansen, LLC for "Professional Engineering Services for
Water Main Projects"
Enclosed please find four original documents, as referenced above, approved
by the Board of County Commissioners on April 27, 2004 (Agenda Item
#16C1).
The Minutes and Records Department has kept an original for the official
public record, and a copy will be forwarded to the Finance Department.
If you should have any questions, please contact me
at 732-2646, ext. 7240.
Thank you.
Enclosures(4)
EXHIBIT A-I: Amendment 1 to Contract 03-3517
16Cl
"Professional Engineering Services for Water Main Projects"
This amendment, dated ,2004 to the referenced agreement shall be by and between
the parties to the original Agreement, Greeley and Hansen LLC, (to be referred to as
"Consultant") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract 03-3517 "Professional Engineering Services for Water Main Projects"
In order to continue the services provided for in the original Contract document referenced
above, the Consultant agrees to amend the above referenced Contract as follows.
Schedule A, Item A.8.2 Additional services.
The original Agreement included survey required for design of new water mains along CR 951
and US 41. Amendment No.1 is for additional related survey services associated with the
upcoming road widening design requirements for CR 951. Since this is the same survey area,
adding the road design survey to this Agreement rather than engaging a separate firm for
overlapping tasks will result in savings to the Transportation Department road design Agreement
03-3553. The additional costs for this Amendment will be funded by the Transportation
Department.
The Consultant agrees that this amends the original Contract and that the Consultant agrees to
complete said services in the amount of seventy two thousand seven hundred ten dollars
($72,710).
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTEST:
I.. .. ~
\ } 1u~tu IP- ) II I .. 1 /~ d.
CalpalMG SGGIGtmy/Wffi'1ess
CONSULTANT:
.fL.w~
By: ClJ-{ i 1. q; ~ Iv( '-..0F:f?. J\
Dated: MI}tZJ.i ft II" d{)j','4
.
By:
Title:
Dated:
TE:l2-tLy L. WAl..-Si-(
PIZ.fI~ C / PA L..
MA A. (... I ". "1..:it,4
CORPORATE SEAL
... - ,
a,G.
Approved as to form and
Legal sufficiency:
?~~n~oy
~
Assistant County Attorney
OWNER:
16Cl
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA / _
By: ~ ~&
iala, Chairman
Item# \LR (J
~g,~~da~}i)4
Dat~ 4-~-o I \.
Rec d\
. r
16 C2.
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM; o"[~ott, Supervisor
~eal Estate Services
DATE: April 28, 2004
RE: NCWRF Deep Injection Wells
Agenda Item 16C2 @ April 27, 2004 BCC Meeting
Attached you will find the following items for execution by Chairman Donna Fiala
concerning the above transaction:
1. Resolution No. 2004 - 156
2. Declaration of Easement
Please forward the Resolution and Declaration of Easement to Minutes & Records, for
attestation.
[Note: After attestation of said documents, please call extension #8780 for document
pick-up as our Department will record all necessary documents and return originals.]
Thank you.
Attachment as stated
" r,:.~
~~ ~ '.'~
..~
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-156
NCWRF Deep Injection Wells
Enclosed please find the original agreements as referenced
above, approved by the Board of County Commissioners on
Tuesday, April 27, 2004 (Agenda Item #16C2).
After recording, please return the document to the Minutes
and Records department for public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
r..
1 ~ ~~
1"6"C2
RESOLUTION NO. 2004- ~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT
(HEREINAFTER REFERRED TO AS DISTRICT) AUTHORIZING THE
DECLARA TION OF A UTILITY EASEMENT.
WHEREAS, District is desirous of encumbering property currently owned by
the District with a utility easement described in Exhibit "A", attached hereto and made a
part hereof; and
WHEREAS, the described easement is a necessary element required for
installation and maintenance of a deep injection well and monitoring well facilities at the
North County Regional Water Treatment Plant; and
WHEREAS, the easement is a requirement of the Underground Injection Control
program; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of ColIier County, Florida, hereby approves
the Declaration of Easement described in Exhibit "A" and authorizes its execution
and recording in the Public Records of Collier County, Florida.
2. This Resolution shall take effect immediately upon adoption.
ADOPTED this ~ day of ~, 2004 after motion, second and
majority vote favoring adoption.
AITEST: . [.OMiD "',
DWIGHn. BROC~ "
. '. '. Cl,
'~"'. ~~- '- ".-. ~'\ ',(c
~'0.:... ~. ,~~,:.'; ,.~:.~. ~.': ~~
p.(.
BOARD OF COUNTY COMMISSIONERS
::LLffiR IjJ:2WJ~
DONNA FIALA, CHAIRMAN
's
, \ \ ~ , .
Approved as to form and
kCiV~_
Ellen T. Chadwell
Assistant County Attorney
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EXHIBIT--B-
Page-L of --L..
GOODLETTE FRANK ROAD
16C2
PROJECT: NCWRF Deep Injection Wells
FOLIO: 00167840006 & 00167880008
DECLARATION OF EASEMENT
THIS DECLARATION is made this d-.1-\b day of ~, 2'004, by
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112 , hereinafter referred to as
"Declarant. "
Declarant is the owner of certain real property situated in Collier County, Florida,
more fully described below, hereinafter referred to as the "Property."
See attached Exhibit "A" which is
incorporated herein by reference.
Declarant hereby declares that the Property is and shall be held, used and
occupied in accordance with and subject to a non-exclusive, perpetual easement and
privilege to enter upon, construct and maintain deep injection well and monitoring well
facilities on the Property as contained in this Declaration and described in Exhibit "A,"
attached hereto and made a part hereof, hereinafter referred to as the "Easement."
The Easement, as set forth in this Declaration, shall bind, and the benefits
thereof shall inure to Declarant and its representatives, agents, successors and
assigns.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
ATTEST,"- . \l>ct.i)f/ 6).,
DWI~H}F, -BROCK. ~~. '(:,
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
W A TER-SE DISTRICT
~"
, "
Approved as to form and
legal sufficiency:
~ti~
Ellen T. Chadwell
Assistant County Attorney
Item# \~ L 0-
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age I of---1---
GOODLETTE FRANK ROAD
16C3
MEMORANDUM
..~
TO: Sue Filson, Executive Manager
Board of County Commissioners
FRO\~: ~ A. Mott, Supervisor
~ Meal Estate Services
DATE: April 28, 2004
RE: SCRWTPIWellfield Expansion
Agenda Item 16C3 @ April 27, 2004 BCC Meeting
Attached you will find the following item for execution by Chairman Donna Fiala
concerning the above transaction:
1. Collier County Utility Easement
Please forward the Easement to Minutes & Records, for attestation.
[Note: After attestation of said document, please call extension #8780 for document
pick-up as our Department will record and return original.]
Thank you.
Attachment as stated
16C3
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, Supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
SCRWTP/Wellfield Expansion
Enclosed please find the original agreements as referenced
above, approved by the Board of County Commissioners on
Tuesday, April 27, 2004 (Agenda Item #16C3).
After recording, please return the document to the Minutes
and Records department for public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
16 C3 f
PROJECT: South County Regional Water
Treatment PlantJWellfield Expansion
Prep.red b,:
Ellen T. Chadwell, E~'"
Office of the CountJ AttorReJ
3301 East T~i~1 Trail
Naples, Florida 34112
(941) 714-8400
COLLIER COUNTY
UTILITY EASEMENT
~~ ~
THIS EASEMENT, made and entered into this day of ,
2004, by COLLIER COUNTY, A POLITICAL SUBDI ISION OF TH STATE OF
FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY
COMMISSIONERS OF COlliER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301
East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter
referred to as "Grantee".
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility purposes, on the following described lands located in Collier County, Florida, to
wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials for the purpose of
constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
ATTEST: ,eflt.rM'
DWIGHJ~:~BA"(jC~.~~ ~ .
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s i{matur~ .Q1ItfJ~' -
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, ~_ dA~
DONNA FIALA, Chairman
~;:;~
Assistant County AttorllJ
Ellen T. C~ll
Item # \'*' c '3
Agenda lL a......._JI"\/ I
D ate --.:I. '!...T1
Da:~ Lfa~ _All
ReG d _JLL[J
Q
Deputy Clerk
Exhibit "A"
Legal Description:
5'Utility Easement
A strip of land 5.00 feet wide
Lying In Section 25, Township
49 South, Range 26 East, Collier
County, Florida. Being more
Particulary described as follows:
Commence at the Southwest corner
of said Section 25, thence
S89"50'12E along the South line
of Section 25 a distance of
20.00 feet; Thence NOO"27'17"W
and parallel with the west line
of said Section 25 a distance of
1996.30 feet to the Point of
Beginning:
Thence N89"48'27"E a distance of
6w1.20 feet; Thence NOO"28'33"W
a distance of 134,6.95 feet;
Thence N89"34'10"E a distance
of 5.00 feet; Thence SOO"28'33"E
a distance of 1351.47 feet;
Thence S89"48'27"W a distance
of 665.70 feet; Thence NOO"27'17"W
a distance of 5.00 feet to the
Point of Beginning.
Said lands lying and being in
Collier County, Florida.
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COWER COUNTY, flORIDA
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1oIIE1lI1IC ...... 1IDIC4IL STN6WlI AS lIET
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LNID aINE"ftllII . CHAIO"tD 1l0l~ FLClIIIIA
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CHCCKCO:
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ORAMi:
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8. /fI//f
SCAL
PROJCcr No.
020 I
10:~
16C4
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM~ !~ott, Supervisor
~i':lI Estate Services
DATE: April 28, 2004
RE: Cypress Creek RO Wells - School Board
Agenda Item 16C4 @ April 27, 2004 BCC Meeting
Attached you will find the following item for execution by Chairman Donna Fiala
concerning the above transaction:
1. Donation Agreement
Please forward the Agreement to Minutes & Records, for attestation.
[Note: After attestation of said document, please call extension #8780 for document
pick-up. A copy is sufficient as this document isn't recorded.]
LI
Thank you.
Attachment as stated
16C4
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, Supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Cypress Creek RO Wells- School Board
Donation Agreement
Enclosed please find a copy of the donation agreement as
referenced above, approved by the Board of County
Commissioners on Tuesday, April 27, 2004 (Agenda Item
#16C4) .
The original agreement is being held in the Minutes and
Records Department for the official public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
PROJECT: Cypress Creek RO Wells
FOLIOS: 00222280802,00222281005 & 00221280007
16C4
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this ~ day of ~'V1 \ , 2004, by and between THE DISTRICT
SCHOOL BOARD OF COLLIER COU TY, FLORIDA, (hereinafter referred to as "Owner"),
whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "County"),
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive utility and access easement for the purpose of access to, construction, operation
and maintenance of well and pipeline facilities, (the "Utility & Access Easement") over, under,
upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement
Area"), which is attached and made a part of this Agreement;
WHEREAS, Owner desires to convey the Utility & Access Easement to County for the
stated purposes, on the terms and conditions set forth herein; and
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. Owner shall grant the Utility & Access Easement to the County via a Utility and
Access Easement, a copy of which is attached hereto and made a part hereof as Exhibit "B".
2. Prior to acceptance of the Utility & Access Easement by the County, Owner shall
obtain from the holders of any liens encumbering the Easement Area, the execution of such
instruments which will remove, release or subordinate such liens from the Easement Area
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 acceptance by the
County.
3. This Agreement shall be null and void, and of no further force or effect, unless
acceptance shall Occur within sixty (60) days from the date Owner executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens affecting County's use of the Easement Area.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida, and County
is aware and understands that this Agreement is subject to the acceptance and approval by
the Collier County School Board.
5. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with securing and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by County. The cost of a title commitment shall be paid by County.
1
, .
6. Owner agrees that County may disburse the test well water onto the ground and
County agrees that it shall, at County's cost, promptly repair any damage caused to Owner's
property including the Easement Area as a result of the exercise of County's rights
hereunder.
16C4
7. To the extent permitted by Florida law, County hereby agrees that it shall
indemnify, defend, save and hold harmless the Owner against and from, and to reimburse the
Owner 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 Owner by reason or arising out of the County's
operation and maintenance of the monitoring well. This indemnification shall not be
construed as a waiver of sovereign immunity or any limitation of liability to which County may
be entitled per Section 768.28, Florida Statutes.
8. If the County removes the well facilities from the Easement Area or no longer
needs such wells, the County shall promptly restore the Easement Area and execute and
record a termination document for the Utility & Access Easement such that it shall be
cancelled, null and void, terminated and of no further force and effect and the Easement Area
should be released, freed and discharged from the encumbrance thereof.
9. County plans to install the wells and pipeline by November of 2004. It is
understood by Owner and County that at the time the Owner has established their master
plan for site development of the parcel, County and Owner shall collaborate as to the ultimate
aesthetics of any above-ground facilities located upon the well sites. All other facilities will be
underground.
10. County shall coordinate with Florida Power & Light Company so that, at the time
of installation of utility facilities to benefit the well sites, provisions will be made for adequate
conduit to be installed to supply the future needs of the School Board.
11. 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.
12. Conveyance of the Utility and Access Easement by Owner is contingent upon no
other provisions, conditions, or premises other than those so stated above; 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.
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
ATTEST;. .,_\:::) . Eei,
. ..<'?,\'., . "11,:
DW/61(t.~V.E.~~9K; 'ClsJ,rk
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'lo., . C'"
BOARD OF COUNTY COMMISSK1r\iERS"OF
COLLIER COUNTY, FLOR/DA;'ASTHE
GOVERNING BODY OF ColUERCOUNTY'
AND AS EX-OFFICIO THE' ~QVERN/NG"
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT:.~'
~:
.C .
: ...,.,,\
2
AS TO OWNER:
WITNESSES:
ka.~~
First Witness (Sign~ure)
Name: <;~f2A It r PI1/1 e $S" e-1
(Print or Type)
ATTEST:
-~~
Superinte dent 0 ools and
Ex-Officio Secretary
~Mos-\ \ f)
(Print Name)
Approved as to form and
legal sufficiency:
b/-c- Iv' ~,
Ellen 1. Chadwell
Assistant County Attorney
16C4
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY FLORIDA
By; ~4w~
DICK BRUCE, CHAIR
3
Item # ~
Agenda Lf/~1 /D4
Date
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MEMORANDUM
16CS ,I
TO: Sue Filson, Executive Manager
Board of County Commissioners
FRO~llT~ Mott, Supervisor
~Real Estate Services
DATE: April 28, 2004
RE: NCRWTP - RO Wells @ Parks & Recreation
Agenda Item 16C5 @ April 27, 2004 BCC Meeting
Attached you will find the following items for execution by Chairman Donna Fiala
concerning the above transaction:
1. Resolution No. 2004 - 157
2. Declaration of Easement
Please forward the Resolution and Declaration of Easement to Minutes & Records, for
attestation.
[Note: After attestation of said documents, please call extension #8780 for document
pick-up as our Department will record all necessary documents and return originals.]
Thank you.
Attachments as stated
16C5
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, Supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-157
NCRWTP- RO Wells @ Parks & Recreation
Enclosed please find the original agreements as referenced
above, approved by the Board of County Commissioners on
Tuesday, April 27, 2004 (Agenda Item #16C5).
After recording, please return the document to the Minutes
and Records department for public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
16 Cs
RESOLUTION NO. 2004- J..54
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE DECLARATION
OF A UTILITY EASEMENT.
WHEREAS, Collier County is desirous of encumbering property currently
owned by the County with a utility easement described in Exhibit "A", attached hereto
and made a part hereof; and
WHEREAS, the described easement IS a necessary element required for
installation and maintenance of utility infrastructure for well-site and pipelines leading to
and serviced by the North County Regional Water Treatment Plant; and
WHEREAS, the easement will allow Collier County to proceed with expansion
of the necessary well-site in a timely fashion; and
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, hereby approves
the Declaration of Easement described in Exhibit "A" and authorizes its execution
and recording in the Public Records of Collier County, Florida.
2. This Resolution shall take effect immediately upon adoption.
ADOPTED this ~day of ~, 2004 after motion, second and
majority vote favoring adoption.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: (/L..~ ~
DONNA IALA, CHAIR A
Approved as to form and
lega sufficiency:
tY~
Ellen T. Chadwell
Assistant County Attorney
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FOLIO: 00219440008 & 00222280909
16 Cs
DECLARATION OF EASEMENT
THIS DECLARATION is made this ~ day of .LJ,,.W1 r , 2004, by
COLLIER COUNTY, a political subdivision of the State of ~ a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Declarant. "
Declarant is the owner of certain real property situated in Collier County, Florida,
more fully described below, hereinafter referred to as the "Property."
See attached Exhibit "A" which is
incorporated herein by reference,
Declarant hereby declares that the Property is and shall be held, transferred,
sold, conveyed, used and occupied in accordance with and subject to a non-exclusive
easement and privilege to enter upon, construct and maintain utility facilities on the
Property as contained in this Declaration, hereinafter referred to as the "Easement."
The Easement, as set forth in this Declaration, shall bind, and the benefits
thereof shall inure to Declarant and its representatives, agents, successors and assigns,
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written,
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ATTEST.',' ,,,,~'t; .".." ,.,',
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY: ~'~4.
DONN FIALA, Chairman
Approved as to form and
legal sufficiency:
.k~.
Ellen T. Chadwell
Assistant County Attorney
Item # l(PCS
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Dale y,... :J5" ,.Od
Rec'd O:-r
b~(
Deputy CI ~
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EXHIBIT -1L
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16C6
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM~~. t00tt, Supervisor
~lIjal L-sfate Services
DATE: April 28, 2004
RE: NCRWTP - FP&L Easement for RO Wells @ Parks & Recreation
Agenda Item 16C6 @ April 27, 2004 BCC Meeting
Attached you will find the following item for execution by Chairman Donna Fiala
concerning the above transaction:
1. Easement (FP&L)
Please forward the Easement to Minutes & Records, for attestation.
[Note: After attestation of said document, please call extension #8780 for document
pick-up as our Department will record all necessary document and return original.]
Thank you.
Attachments as stated
16 C6
EASEMENT
Form 3722-A (Stocked) Rev.7/94
Work Order No.
Prepared By:
Name:
CO.Name: FP&L Co.
Address: 4105 S.W. 15th Ave.
Naples, Fl. 34116
Sec. 32, Twp. 48, Rge. 27.
Parcel LD. 00219440008 & 00222280909
(Maintained by Property Appraiser)
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration. the adequacy and
receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents,
successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground
electric utility facilities <including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve. add to, enlarge, change the voltage, as well as, the size of and remove such
facilities or any of them within an easement described as follows:
Exhibit "A" attached hereto and made a part hereof
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay
cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and
egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other
obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees
or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or
power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all,
the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or
highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this ~ day of ~, 2004.
Board of County
Collier County 1
ommlSSlOners
rida I..
d~~
By:
Approved as to form and
L~Uf{;CiencY.. ~ _
.;, ~oI ~-
El en T. Chadwell. Assistant County Attorney
Item# \11' C 4>
Agenda{ j ~ d\' ~{)4
Date 1
Dat~ LL-2<6't)l.{
Rec d \
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EXHIBIT A-
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16 01
MEMORANDUM
Date: May 14, 2004
To: Barbara Brown
EMS Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Medical Consulting Contract Between Collier County and
Naples Community Hospital
Enclosed please a copy of the document as referenced above,
(Agenda Item # 16Dl) which was approved by the Board of County
Commissioners on Tuesday, April 27, 2004.
Tom Maguire has picked up a copy (5/12/04), and we have also
provided the Finance Department with a copy.
If you should have any questions, please contact me at:
732-2646, ext. 7240.
Thank you,
Enclosure
16 01
COLLIER COUNTY EMERGENCY SERVICES
MEDICAL CONSULTANT CONTRACT WITH NAPLES COMMUNITY HOSPITAL
~ THIS MEDICAL CONSULTING CONTRACT made this "l.l day of
" \ ,2004 by and between COLLIER COUNTY, FLORIDA., (hereinafter referred to
as" ounty"), and NAPLES COMMUNITY HOSPITAL (hereinafter "NCH"),
WITNESSETH
WHEREAS, the County is responsible for emergency services in COLLIER COUNTY,
Florida; and
WHEREAS, Emergency Medical Services, (hereinafter "EMS"), are a logical extension
of existing health care services performed by the County in the above described geographic area;
and
WHEREAS, the County retains the services of a Medical Consultant, (hereinafter
"Consultant"), who is a duly licensed physician in the State of Florida who is specially trained in
the field of emergency medicine; and
WHEREAS, NCH is obligated to enter into a Medical Consulting Contract with the
County for the services of the Consultant; and
NOW THEREFORE, in consideration of the promises and the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. GENERAL DUTIES: Consultant shall be a County employee for purposes of.
governmental immunity as that term is defined in Chapter 768, Florida Statutes, and shall be
directly responsible to the HO&pital Administrator for the performances of services as Medical
Director as more specifically defined in this agreement and as set forth in Section 401.265,
Florida Statutes. The Consultant shall be responsible for the implementation of such planning
and coordination as may be necessary to deliver advanced life support by Emergency Medical
Technicians (hereinafter EMT's), and Paramedics (including EMS and Fire District personnel)
. trained to the level of advanced and basic medical technicians, which may require intravenous
administration of emergency resuscitative drugs and the performance of sophisticated technical
emergency procedures.
2. TERM OF CONTRACT: The term of this contract shall begin on May 1, 2004.
The parties agree that the term of the Contract shall be automatically renewed on a yearly basis
from October 1, of the following year through September 30 with the same terms, conditions and
obligations as set forth herein, unless terminated by NCH upon sixty (60) days written notice to
the County.
3. COMPENSATION: 1\.CH shall pay to Collier County Emergency Medical
Services monthly payments of One Thousand Five Hundred dollars ($1,500.00) with the first
payment due on June 1, 2004, as full compensation for the services rendered herein by the
Consultant. .
.J L
f,g
01
4. PATIENT RECORDS: NCH shall make available for review and copying by
County for peer review and quality assurance purposes, within two (2) days of request, any and
all medical records, reports, documents and other relevant materials, including audio and visual
tapes related to patients that are transported by NCH's interfacility transportation service and
which are requested by the Consultant. This includes all run reports, medical test results,
recordings on tape and any other reasonably available similar information. The parties agree that
all medical records and "trip or run reports" relating to the patient transfers done by NCH are the
property ofNCH and shall remain in the possession ofNCH.
5. CONFIDENTIAL COMMUNICATIONS: Except as may be provided by
general law, NCH and the County agree to keep all medical records confidential and allow no
communication of records or patient information without a written release from the patient or as
otherwise provided by law.
6. REPORT: NCH agrees to give the Consultant full and detailed reports
regarding any case which it reasonably believes has the potential for legal action against the
County or its employees pertaining to EMS.
7. DISCIPLINARY ACTIONS: NCH agrees to give the Consultant a full written
report of any and all Emergency Medical Services personnel who are known to have violated any
standing or verbal orders. Consultant shall have the authority to determine whether an individual
is certified to pi"ovide EMl or paramedic services for NCH's interfacility transportation
program. NCH will be solely responsible for deciding whether to hire, fire or discipline any
NCH - employed EMT or paramedic.
8. DUTIES AND RESPONSffiILITIES OF THE CONSULTANT:
a. Shall be from a broad-based medical specialty such as emergency medicine,
internal medicine, anesthesiology, or other surgical specialty, with demonstrated
experience in pre-hospital care and hold an ACLS certificate of successful course
completion or be board certified in emergency medicine.
b. Shall demonstrate and have available for review documentation of active
participation in a regional or statewide physician group involved in pre-hospital
care.
c. Shall supervise and accept direct responsibility for the medical performance of
the paramedics and Emergency Medical Technicians (hereinafter EMTs).
d. Shall develop medically correct standing orders or protocols relating to life
support system procedures when communication cannot be established with a
supervising physician or when any delay in patient care would potentially threaten
the life od1ealth of the patient.
2
~6S n 1
e. Shall issue standing orders and protocols to NCH transport services to ensure
that it transports each of its patients to facilities that offer a type and level of care
appropriate to the patient's medical condition.
f. Consultant's appointee shall provide continuous 24-hour-per-day, 7-day-per-
week medical direction which shall include, in addition to the development of
protocols and standing orders, direction to EMS personnel as to the availability of
"off-line" service to resolve problems, system conflicts, and provide services in
an emergency as that term is defined by section 252.34(3), Florida Statutes.
g. Shall establish a quality assurance committee to provide for quality assurance
review of all EMTs and paramedics operating under his supervision.
h. Shall notify the Florida Department of Health, (hereinafter the "Department")
in writing when the use oftelemetry is not necessary.
i. He shall audit the performance of system personnel by use of a quality
assurance program that includes but is not limited to a prompt review of patient
care records, direct observation, and comparison of performance standards for
drugs, equipment, system protocols and procedures. Shall be responsible for
participating in quality assurance programs that may be developed by the
Department.
j.Shall ensure and certify that security procedures of the NCH transport services
for medications, fluids and controlled substances are in compliance with chapters
401, 499 and 893, Florida Statutes, and chapter 10D-45 of the Florida
Administrative Code.
k. Shall create, authorize and ensure adherence to, detailed written operating
procedures regarding all aspects of the handling of medications, fluids and
controlled substances by the EMS personnel and comply with all requirements of
chapters 401,499 and 893, Florida Statutes.
1. Shall notify the Department in writing of each substitution by NCH transport
services of equipment or medication.
m. Shall assume direct responsibility for the use by an EMT of an automatic or
semi-automatic defibrillator; the performance of esophageal intubation by an
EMT; and on routine interfacility transports, the monitoring and maintenance of
non-medicated LV.s by an EMT. Shall ensure that the EMT is trained to perform
these procedures; shall establish written protocols for the performance of these
procedures; and shall provide written evidence to the Department documenting
compliance with the provisions of this paragraph.
3
16 0 J :(1
n. Shall ensure that all EMTs and paramedics are trained in the use of the trauma
scorecard methodologies as provided in sections 64E-2.017 of the F.A.C., for
adult trauma patients and 64E-2.0 17 5, F.A. C., for pediatric trauma patients.
o. Shall ensure that all NCH transport services EMfs and paramedics have all
proper certifications and receive all training necessary to maintain their
certification.
10. ADDmONAL DUTIES: Consultant shall also be responsible for assisting in
the following additional duties:
a. Consultation in the planning for the delivery of interfacility Basic Life
Support (BLS) and Advanced Life Support (ALS) to be provided by NCH,
including the design of vehicles, equipment, supplies, distribution resources,
emergency medical technicians and paramedic personnel training and medical
policy, protocol, planning and development.
b. Consultation in the coordination of training of paramedical personnel,
including the determination of training criteria for certification.
c. Organizing, coordinating and participating as an instructor in the in-service
education programs and quality control of the patient care in day-to-day delivery
of'NCH transport delivery service.
d. Serving as a liaison between NCH and the medical societies, practicing
physicians and training facilities in the area.
e. Providing such assistance as may be required in the preparation and
administration of any grant programs for the establishment and improvement of
the system.
f. All duties outlined in Rule 64-E Florida Administrative Code for Emergency
Medical Services Medical Director that are not specifically set forth herein and as
may be changed from time to time by the department..
g. Shall keep adequate records and supporting documentation, which concern or
reflect his services under this Contract.
h. Consultant will not have or acquire any interest, either direct or indirect, which
would conflict in any manner with the performance of services required
hereunder.
11. LIABn.ITY AND REMEDIES IN BREACH OF CONTRACTS: It is
recognized that the pm..ision of advanced life support services requires that NCH have as its
Medical Director, the Collier County Medical Director. Accordingly, the Consultant shall not
refuse to perform these services during the terms of this Contract so long as Consultant is able to
4
16 D 1
so perform, and NCH shall have the right to specific performance of the provisions of this
contract. In addition, the Consultant shall be liable to NCH for his unreasonable failure or refusal
to perform the services required hereunder.
No modification, or change in this Agreement shall be valid or binding upon the parties,
unless in writing, and executed by the party or parties intended to be bound by it. Unless
otherwise specified, the laws, rules and regulations of the State of Florida shall govern this
Agreement. 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.
12. CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP:
Nothing in this Contract shall be interpreted as preventing the Consultant from operating any
other business or being similarly employed with any other emergency medical service that is
lawfully licensed by the County (within Collier County, Florida) and the State. However the
Consultant shall not accept any employment or enter into any contractual relationship that would
create a conflict between such interest and the performance of its duties hereunder.
Nothing in this Contract shall be interpreted as preventing the Consultant, a contractual
employee ofNCH, from being employed in any other capacity, including, but not limited to the
operation of a medical practice, the employment as a staff member of any hospital, or the serving
as a medical director for any other emergency medical service which is lawfully licensed by the
County (if located within Collier County) and the State.
13. SUCCESSOR: The Contract shall be binding upon the successors of NCB.
This Contract shall not be assignable by the Consultant.
14. TERMINATION: This Contract may be terminated by either party, with or
without cause, upon sixty (60) days written notice to the other party of such party's intention to
terminate the Contract. However, any notice of termination by NCH may, at the County's
discretion, constitute cause for the termination of any licenses which the County has granted to
NCH to operate an interfacility agreement the County has to provide emergency transport
services to NCH.
15. MANUALS: All manuals of procedure and instructional material, which are
created or prepared by the Consultant, shall be and remain the property of the County. County
agrees that during the term of this Agreement, NCH will be allowed to maintain copies of and
use the manuals of procedure and instructional material referenced above.
16. INSURANCE: NCH will provide malpractice insurance for the acts ofNCR's
employees.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first
written above.
5
WITNEp
Signature
IL..,,;"" C~(/f'(Z,r
Print
~~~l'~
Signature
S b,r0"Y\ S " d::ds..
Print
16 01
,i~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~ .);4
DONN IALA, CHAIRMA
JackieJEMSJRLS
6
Item# \LoO \
~~~;da L\ - al-O~
g:~~~1() -bL{:
. (
16r:IJ3'\
RECEIVED
~'1A,( 1 1 200~
MEMORANDUM
PARKS & RECREATION
_.~, ,""..",,'" ,.,....,.: ,",,'" .,,~" ,.,~....,.,;,
Date:
~J&
1D..~:
Amanda Townsend
Parks and Recreation
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Authorized Provider Agreement with
The American Red Cross
Enclosed please find one (1) original document as referenced above (Agenda Item
#1603), as approved by the Board of County Commissioners on Tuesday, April
27, 2004.
Please forward this to the appropriate party for the required signature, and return
the fully executed document ot the Minutes and Records Department, for the
public's official record
If you should have any questions, please call me at
732-2646, ext 7240
Thank you.
Enclosure
~ ,~<~~~c/
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American Red Cross
Authorized Provider 19geQ~ent
This Authorized Provider Agreement ("Agreement") effective as of April 19, 2004 ("Effective Date") is between
Collier County American Red Cross
(The "Chapter")
and
Collier County Board of County Commissioners/Parks and Recreation
(The "Authorized Provider" or "AP")
The Chapter is a unit of the American National Red Cross, a not-for-profit corporation chartered by an act of U.S.
Congress, the principal place of business of which is located at 2610 Northbrooke Plaza Dr. Naples, FL 34119, and
among other things, provides first aid, CPR, aquatics, water safety, HIV / AIDS prevention education, mission-related
caregiving and other health and safety education programs.
The principle place of business of the AP is located at 3300 Santa Barbara Blvd., Naples, FL 34116;
The Chapter desires to work with the AP to provide American Red Cross training in the jurisdiction set forth in
Section 4 below.
In consideration of the statements, terms and conditions contained within this Agreement, the Chapter and the AP (the
"Parties"), intend to be bound by this Agreement and agree to the foHowing:
1.0 Responsibilities of the Chapter:
The Chapter shall:
1.1 Support the health and safety education of the AP's employees, members, and/or clients in the AP's provision
of American Red Cross training Courses ("Courses") at the fees set forth in Appendix A. The guaranteed AP
fees set forth in Appendix A shall include record keeping, certificate processing, administration, promotional
assistance, and support services ("AP Fee"). Any Additional Services ("Additional Services") may be
available for additional fees as outlined in Appendix A. Fees in Appendix A may change pursuant Section
3.0.
1.2 Train all potential instructors from the AP to teach the Courses at the fees ("Training Fees") set forth in
Appendix A so long as such instructors meet the American Red Cross training prerequisites. These potential
instructors shall be authorized as American Red Cross Health and Safety instructors upon successful
completion ofthe training and upon signing an Agreement to teach the Courses. A complete list of the AP's
instructors is set forth in Appendix B, which shall be unilaterally modified by the Chapter in the event
instructors are added or deleted. Fees in Appendix A may change pursuant Section 3.0.
1.3 Upon request and depending on availability: (a) subject to Paragraph 2. I 0, use best efforts to provide
the AP with equipment that the AP does not possess which is necessary for an instructor to provide the
Course(s) as listed, and at the rental fees, set forth in Appendix A ("Equipment and Supplies"); and (b)
provide the Course Materials ("Course Materials") and Instructor Materials ("Instructor Materials") as set
forth in Appendix A. If the fees in Appendix A change the Chapter will notifY the AP a minimum of90 days
prior to implementation. Fees in Appendix A may change pursuant Section 3.0.
1.4 Maintain all Course Records ("Course Record") provided to the Chapter by an instructor for a period of five
(5) years foHowing the date of the Course.
1.5 Support and evaluate the instructors by providing them with the foHowing: (a) Applicable policies and
procedures and any revisions or modifications thereto; (b) Upon expiration of an instructor's authorization,
reauthorize such instructors so long as such instructors meet American Red Cross reauthorization
Julv 2003
requirements; and (c) Opportunities for volunteer and professional skill development with the cl~ D 3
1.6 Provide invoice to the Authorized Provider within 14 days unless otherwise specified in Appendix A. for the
fees related to the Courses, equipment rental, and Course/Instructor Materials, Additional Services, training,
and retraining of Course Participants ("Course Participants") as set forth in Paragraph 1.9 below.
1.7 Verify all instructor authorizations and notify the AP in the event an instructor is no longer authorized to
teach Courses.
1.8 Throughout the term of this Agreement (as defined in Paragraph 5.1), maintain a close and ongoing
supportive relationship with the AP and its instructors by contacting the AP a minimum of 3 times per year.
1.9 If during any phase of evaluation, the training conducted by an AP's instructor is found to be below minimum
American Red Cross standards for that Course and the Chapter determines that retraining is required for the
participants that attended the Course where training was found to be below minimum standards, the retraining
will be conducted by the Chapter. The AP will be responsible for the cost of retraining as outlined in
Paragraph 2.4. The Chapter will invoice the AP for the cost of the training at the amount equal to the
published full service contract price or the training price minus the cost of books and materials the Course
Participants may already have. The Chapter also reserves the right to suspend or withdraw the authorization of
an instructor for due cause. Due cause generally means that the instructor does not or will not abide by the
standards, policies, or procedures of the Red Cross and its programs or in some way abuses the position of an
authorized Red Cross instructor. Some examples follow here but are by no means exhaustive; each case is
reviewed individually, taking into account all relevant circumstances. Examples are--
a. An instructor refuses to teach a nationally standardized Course according to the guidelines and Course
requirements or is found to be deficient in either knowledge or performance skills.
b. An instructor falsifies records or provides false information to the Chapter.
c. An instructor consistently fails to communicate his or her teaching activity in an appropriate way to the
Chapter (e.g., does not notify the Chapter when a Course is to be taught, does not process Course Record
forms within 10 working days, and so forth).
d. An instructor exhibits behavior inconsistent with standards established and agreed to in the Instructor
Agreement and expected of a Red Cross instructor, as indicated by repeated poor evaluations from
participants, or behaves in ways that participants find offensive or insulting (e.g., making sexual advances
or telling racially, socially, or sexually insensitive jokes).
e. An instructor behaves in ways that do not reflect support for the American Red Cross as an organization
and that, in fact, could harm the public perception of the American Red Cross in the community.
f. An instructor is convicted of a violent or serious crime, such as sexual molestation, embezzlement,
assault, or any crime that calls into question his or her teaching or leadership responsibilities.
1.10 Designate Rosemary Terstegge, Health, Safety & Community Services Coordinator as a representative of the
Chapter to act as a point of contact to the AP at the address and telephone number set forth in Section 7 below
("Chapter Representative") and notify the AP within 30 days if that individual changes.
1.11 Unless otherwise indicated on the Course Record, arrange for completed Course certificates to be delivered to
the AP at the address set forth in Section 7 within ten (10) business days after receipt of a properly completed
Course Record.
1.12 As needed and upon request, provide the AP with any American Red Cross promotional materials for use by
the AP in promoting the Courses.9
2.0 Responsibilities oftbe AP:
The AP shall:
2.1 Identify qualified instructor candidates to be trained and authorized as instructors and inform the Chapter
2
Julv 2003
when it becomes aware of any modifications that should be made to Appendix B.
1603
2.2 Support each instructor's compliance with American Red Cross policies and procedures by ensuring that such
Instructors: (a) Are available to participate in periodic training, retraining or other related events throughout
the term to gain and maintain sufficient levels of skill, knowledge and understanding to conduct the Courses;
(b) Supply only American Red Cross Course Materials for use during the Courses, (c) Provide visual
identification of the American Red Cross name and emblem during the Courses using materials provided or
approved by the Chapter; and (d) Submit properly completed Course Records and Course evaluation forms to
the Chapter within ten (10) business days of Course completion unless special arrangements are made with
the Chapter.
2.3 With respect to the Course Participants: (a) Notify Course Participants that they will be participating in
American Red Cross Courses in accordance with American Red Cross standards; (b) In advance of each
Course, provide Course Participants with information about Course prerequisites, completion requirements,
and other necessary information; ( c) Ensure that Course Participants who have successfully met the Course
prerequisites, objectives, and certification requirements receive American Red Cross certificates.
2.4 Reimburse the Chapter for retraining of Course Participants conducted pursuant to Paragraph 1.9. The cost of
the retraining will be at the amount equal to the published full service contract price minus the cost of books
and materials the Course Participants may already have.
2.5 Provide payment to the Chapter within 45 days of an invoice date unless otherwise specified in Appendix A.
2.6 Provide to the Chapter the names and copies of the authorizations of any previously authorized Red Cross
instructors that are new to the AP at least ten (10) days before the instructor teaches a Course in order for the
Chapter to ensure that such instructor is qualified to be the instructor.
2.7 Notify the Chapter of dates, times, and locations for each Course at least 14 days before the Course start date.
2.8 Refrain from revising, editing, or duplicating any materials, in whole or in part, including, but not limited to
Course videos, for teaching Courses or for any other purpose, unless specifically approved in writing by the
American National Red Cross. Requests for any modifications to the materials are to be channeled through
the Chapter. The AP understands and agrees that all such promotional materials must be provided by the
Chapter, or approved by the Chapter in advance of publication.
2.9 Obtain the materials in quantities sufficient for each Course Participant to have and retain his or her own copy.
Course workbooks, textbooks and/or skills cards cannot be used for more than one Course Participant unless
permission to do so is granted by the Chapter in writing. Authorized Providers conducting training in more
than one Red Cross Chapter jurisdiction will not be granted rights to reuse workbooks, textbooks and/or skills
cards for more than one Course Participant.
2.10 Maintain responsibility for the equipment and promptly return such equipment to the Chapter in the same
condition the equipment was received by the AP. The AP shall be responsible for the cost of any damage to
such equipment while in the possession of the AP. Upon receipt and inspection ofthe equipment, the AP shall
report to the Chapter any equipment in need of service, repair, or replacement.
2.11 Be responsible for all claims and liabilities of any nature whatsoever that arise out of an AP offered Red
Cross Course. Red Cross insurance does not extend to the AP or its instructors. Therefore, it is the
responsibility of the AP to obtain adequate insurance to cover its operations and Course instruction.
2.12 Designate Mary Ellen Donner, Recreation Supervisor as a representative of the AP to act as a point of contact
to the Chapter at the address and telephone number set forth in Section 7 below and notify the Chapter within
30 days if that individual changes. In the event the AP has multiple facilities, the individuals set forth in
Appendix C shall serve as additional points of contact.
3
Julv 2003
1603
2.] 3 Provide classrooms and other facilities to teach the Courses that are safe, conducive to learning and meet the
minimum space requirements as set forth in the Instructor Materials. The AP shall allow the Chapter
Representative or a designee to inspect the AP's real and personal property used to teach the Courses and to
perform random observations of the instructors during the provision of Courses.
2.14 Submit any literature or materials using the name and/or emblem of the American Red Cross to the Chapter
for written approval before printing or distribution of such literature or materials.
2.15 Encourage its instructors to provide volunteer services for the American Red Cross.
3.0 Chapter Fees:
The Chapter reserves the right to change the fees contained in Appendix A at its sole discretion. The Chapter
will notifY the AP a minimum of 30 days prior to the effective date of any such fee changes. As part of this
notice, the Chapter will provide the AP with a new Appendix A. If the AP does not agree to the fee changes,
it has the right to terminate the Agreement pursuant to Section 5. Changes to Appendix A will not effect any
other provisions contained within this Agreement.
4.0 Jurisdiction of Agreement:
This Agreement is limited to the geographical jurisdiction of the American Red Cross Chapter(s) and at the
locations set forth below:
Cha ter
American Red Cross, Collier
Coun Cha ter
Geo ra hicRl Jurisdiction
Collier County Only
5.0 Term and Termination:
5.1 This Agreement shall commence on the effective date with automatic one-year renewals thereafter on the
anniversary of the commencement date, unless either Party gives written notice to the other of its desire not to
renew at least 30 days prior to the commencement of any renewal period, or unless otherwise terminated
sooner in accordance with Paragraph 5.2 of this Agreement (the "Term").
5.2 At any time, either Party may terminate this Agreement with thirty (30) days written notice to the non-
terminating Party.
5.3 Upon termination of this Agreement, the obligations of both Parties, including, but not limited to the
provision of payment, shall remain in effect until all scheduled Courses are completed.
5.4 In the event of any termination of this Agreement, the Parties are still obligated and committed to follow the
provisions of Sections 6. 7. 8. 12 and this Paragraph 5.4 indefinitely.
6.0 Limitation of Liability:
Notwithstanding anything in this Agreement to the contrary, neither Party shall be liable to the other for any
loss or damage arising as a result of breach, non-performance or partial performance of its obligations under
this Agreement due to any cause beyond that Party's reasonable control and without its fault or negligence.
7.0 Notices:
4
Julv 2003
1603
All notices to include appendices that each Party is required to give to the other Party shall be given to each of
the Parties in writing to the names and addressees as follows:
If to the Chapter:
Chapter Name:
Address:
Attn:
Phone Number:
Fax Number:
E-mail Address:
If to the AP:
AP Name:
Address:
Attn:
Phone Number:
Fax Number:
E-mail Address:
American Red Cross of Collier County
2610 Northbrooke Plaza Dr., Naples, FL 34119
Rosemary Terstegge, Health, Safety & Community Services
Coordinator
239-596-6868
239-596-6923
hsccarc@comcast.net
Board of County CommissionerlParks & Recreation
3300 Santa Barbara Blvd., Naples, FL 34116
Mary Ellen Donner, Recreation Supervisor
239-353-7128
239-353-1002
MaryEllenDonner@colliergov.net
Notice of termination of this Agreement by either Party must be delivered by certified U.S. First-Class Mail,
return receipt requested.
8.0 Confidentiality and Trade Names:
8.1 Except as otherwise provided herein, each Party shall maintain the confidentiality of all provisions of this
Agreement. Without the prior written consent of the other Party, neither Party shall make any press release or
other public announcement of, or otherwise disclose, this Agreement or any of its provisions to any third
Party except for such disclosures as may be required by applicable law or regulation, in which case the
disclosing Party shall provide the other Party with prompt advance notice of such disclosure so the other Party
has the opportunity, if it so desires, to seek a protective order or other appropriate remedy.
8.2 Each Party recognizes that the name, logo and marks of the other Party represent valuable assets ofthat Party
and that substantial recognition and goodwill are associated with such assets. Each Party hereby agrees that
neither it nor any of its affiliates shall use the other Party's name, logo or marks without prior written
authorization from such other Party.
8.3 This Agreement grants no rights in any ofthe American Red Cross or Chapter's Courses or Course Materials
or other intellectual property to customer.
9.0 Entire Agreement and Amendments:
9. 1 Concerning the subject matter hereof, this Agreement constitutes the entire Agreement between the Parties
and supersedes all prior Agreements and undertakings, both written and oral, between the Parties.
9.2 This Agreement shall not be amended or otherwise modified unless both of the Parties affirmatively and
unanimously agree to such amendment and/or modification in writing.
10.0 Severability:
In the event any provision of this Agreement is held invalid, illegal or unenforceable (any such provision, an
"Invalid Provision") in any jurisdiction, the Parties shall promptly negotiate in good faith a lawful, valid and
enforceable provision. This new provision must be as similar in terms to the invalid provision as may be
Julv 2003
5
possible in order to keep with the intention of the original Agreement.
16D3
11.0. Exculpatory Clause:
It is understood and agreed that wherever in this Agreement the term "Chapter" is used it shall mean the
Chapter(s) of The American National Red Cross set forth in Section 4; that said Chapter(s) are duly
constituted local unit of The American National Red Cross, a federal instrumentality (36 U.S. Code 1 et seq.);
and that all obligations of the "Chapter" under this Agreement shall be undertaken and completed exclusively
by said Chapter(s) without resort in any event to, or commitment of, the funds and property of the American
National Red Cross or any unit thereof other than the Chapter(s).
12.0 Independent Contractors:
Each of the Parties shall be furnishing its services hereunder as an independent contractor, and nothing herein
shall create any association, partnership or joint venture between the Parties or an employer-employee
relationship. No agent, employee or servant of either Party shall be, or shall be deemed to be, the employee,
agent or servant of the other Party, and each Party shall be solely and entirely responsible for its acts and the
acts of its agents, employees and servants.
13.0 Assignment and Subcontracting:
This Agreement shall not be assigned in whole or in part and no Party shall delegate or subcontract all or part of its
duties under this Agreement without the prior written consent of the other Party.
IN WITNESS WHEREOF, the Parties hereto, acting through their duly authorized officers, have executed
this Agreement as of the Effective Date.
SIGNATURE:
DATE:
PRINTED NAME:
TITLE:
CHAPTER
REPRESENTATIVE
,"""') .
(~ .~
-(3cf
Rosemary T er egge
Health, Safety & Community Services
Coordinator
239-596-6868
239-596-6923
hsccarc@comcast.net
AUTHORIZED PROVIDER
REPRES~~ TIVE /_
~~ .;I~
Donna Fiala, Chairman
Board of County Commissioners, Collier
County Florida
1239-353-0404
239-353-1002
PHONE NUMBER:
FAX NUMBER:
E-MAIL:
AP~L~;g~y
Assista.n, County Attorney
ATTEST:
DWIGHT E.
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Julv 2003
APPENDIX A
COURSES, EQUIPMENT, MATERIALS AND FEES
1603
A. Courses: Water Safety, FNCPRlAED, CPRlAED for Professional Rescuer, and Lifeguard Training
B. Equipment and Supplies:
Equipment Rental Fee Per
The Collier County Chapter does not rent or loan manikins, N/A N/A
equipment, books or supplies.
C. Course/Instructor Materials:
Cost Unit
12.00 Ea.
25.00 Ea.
20.00 Ea.
14.00 Ea.
.65 Ea.
36.00 Ea.
4.00 Ea.
20.00 Ea.
13.00 Ea.
1.50 Ea.
6.00 Ea.
D. Training Fees:
Fee Description Fee Unit
Authorized Provider Fees 10.00 Person
Learn to Swim Fees 1.00 Person
[name of instructor Course] Instructor Course Fees
Instructor Course equipment rental Fees
Instructor Course Fees
Instructor Course Fees
E. Special billing or payment instructions (Optional):Tax Exempt
7
Julv 2003
F. Additional Services (Optional): N/A
1603
8
Julv 2003
1603
APPENDIX B
INSTRUCTORS
Name Contact Information Chapter of Current
including Authorization Instructor
address, phone and Authorization
mail
Mary Ellen Donner 3300 Santa Barbara Collier County Water Safety &
Naples, FL 34116 F AfCPR/ AED
Richard DeGalan 9955 Boca Ave N. Collier County Lifeguard Training,
Naples, FL Water Safety,
F AfCPR/ AED
Bobby Allen 591 21St St. SW Collier County F AfCPR/ AED,
Naples, FL 34120 Water Safety,
Lifeguard Training
Bradie Allen 591 21st St. SW Collier County F AfCPR/AED,
Naples, FL 34120 Lifeguard Training
9
July 2003
1.603
APPENDIX C
MULTIPLE FACILITY CONTACTS
Facility Name and Address Contact Name Phone Number
Fax Number
E-mail Address
Golden Gate Aquatic & Fitness Mary Ellen Donner 239-353-7128
Complex 239-353-1002
3300 Santa Barbara Blvd. MaryEllenDonner@col
Naples, FL 34116 liergov.net
lmmokalee Sports Complex Mary Kiedel 239-657-1951
East Naples Community Park Sue Satow 239-793-4414
Golden Gate Community Center Keith Larson 239-455-2343
Max Hasse Jr. Community Park Bradie Allen 239-348-7500
Vineyards Community Park Vickie Wilson 239-353-9669
Veterans Community Park Jeanine McPherson- 239-566-2367
Hogle
lmmokalee Community Park Lourdes Rodriguez 239-657 -4449
10
July 2003
16D5 q
MEMORANDUM
Date:
May 10, 2004
To:
Amanda Townsend
Parks and Recreation
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Grant Agreement with South Florida for a Central Irrigation
Control System in the South District of the Parks System
Enclosed please find two (2) original documents as referenced above (Agenda
Item #1605), as approved by the Board of County Commissioners on Tuesday,
April 27, 2004.
Please forward these documents to the appropriate parties for signatures, and
return one fully executed copy to the Minutes and Records Department, for the
public's official record.
If you should have any questions, please call me at
732-2646, ext. 7240.
Thank you.
Enclosures (2)
8
ORIGINA
SOUTH FLORIDA WATERMANAGEMENTDISTRI'iT6.. 5
AGREEMENT 1 0
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: COLLIER COUNTY BOCC
PARKS & RECREATION DEPARTMENT
Address: 3300 Santa Barbara Blvd.
This number must appear on all Invoices and Correspondence
DG040615
MBE PARTICIPATION: 0%
Naples, FL. 34116
Project Manager: Amanda Townsend
Telephone No: (239) 353-0404
Fax No: (239) 353- 1002
Hereinafter referred to as: ENTITY
PROJECT TITLE: CENTRAL IRRIGATION CONTROL SYSTEM, SOUTH DISTRICT _ INSTALLATION OF AN
IRRIGARION CENTRAL CONTROL MANAGEMENT SYSTEM AT THE FACILITIES IN THE SOUTH DISTRICT
The following Exhibits are attached hereto and made a part of this AGREEMENT:
IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
COLLIER COUNT~YC
A""P'ffi By, ~ ~
S;",,""re - f Authori"d Rq>re"",,,"vo -
Exhibit "A" - Special Provisions
Exhibit "B" - General Terms and Conditions
Exhibit "C" - Statement of Work
Exhibit "D" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" - Not Applicable
Exhibit "G" - Not A licable
TOTAL AGREEMENT AMOUNT: $26,300.00
Multi-Year Funding (If Applicable)
Fiscal Year:
Fiscal Year:
Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: I YEAR
District Project Manager: Barbara Kerby
Telephone No: (239) 597-1505
Fax No. (239) 597-4987
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
Attention: Procurement Department
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Exhibit "H" - Not Applicable
Exhibit "I" - Not Applicable
Exhibit "]" - Not Applicable
Exhibit "K" - Not Applicable
Exhibit "L" - Not Applicable
Exhibit "M" - Not Applicable
AGREEMENT TYPE: Firm Fixed Price
Fiscal Year:
Fiscal Year:
Fiscal Year:
EFFECTIVE DATE: Last Date of Execution b the Parties
District Contract Administrator:
Penelope Burger (561) 682-2536
Fax No.: (56I 682-6397 or (561) 68I-6275
SUBMIT NOTICES TO THE ENTITY AT:
COLLIER COUNTY BOCC
PARKS & RECREATION DEPARTMENT
3300 Santa Barbara Blvd.
Naples, FL. 34116
Attention: Amanda Townsend
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Accepted By:
Date:
Date: J 13 !rJy
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8
SOUTH FWRIDA WATER MANAGEMENT DISTRICT 16 0 5
AGREEMENT
EXHIBIT "A"
SPECIAL PROVISIONS
The pwpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General
Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this
Agreement, this Exhibit "A" shall take precedence.
ARTICLE 5 - Indemnification and insurance is hereby deleted in its entirety.
SFWMI}. OFFICE OF COUNSEL APPROVED
By (~.~~ 0'''*01
SFWMD PROCUREMENT APPROVED
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Item # J (p b 5
Agenda d n7 d.
Date ,-<^ ~O,
Agreement No. DG040615
Exhibit "A" Special Provisions
Page I of]
-"-------._~<----
8
SOUTH FLORIDA WATER MANAGEMENT DISTRlCJ 6 D 5
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 1 - STATEMENT OF WORK
1.1 The ENTITY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described in the "Statement of Work," attached hereto
as Exhibit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by the
ENTITY under this AGREEMENT, the ENTITY
shall substantiate, in whatever forum reasonably
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes. The
ENTITY shall also be required to substantiate any
and all work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
fmal work product required by the AGREEMENT.
This paragraph shall survive the expiration or
termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
I.4 In the event ENTITY employees or hired
workers are authorized by Exhibit "C" to perform
services on-site at DISTRICT facilities, the ENTITY
hereby agrees to be bound by all applicable
DISTRICT policies and standards of conduct listed in
Attachment 1, "Contractor Policy Code
Acknowledgement" to Exhibit "C" and shall require
each individual performing such on-site work to
execute the Attachment I form. It is the ENTITY's
responsibility to advise its employees or hired workers
of the nature of the project, as described in Exhibit "C".
The ENTITY shall determine the method, details and
means of performing the services, within the
parameters established by Exhibit "C". The
DISTRICT shall provide additional guidance and
instructions to ENTITY's employees or hired workers
where necessary or appropriate as determined by the
DISTRICT.
ARTICLE 2 - COMPENSATION/
CONSIDERATION
2.1 The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT
shall not exceed the amount as indicated on the
cover/signature page of this AGREEMENT. Such
amount includes all expenses which the ENTITY
may incur and therefore no additional consideration
shall be authorized.
2.2 The ENTITY assumes sole responsibility for all
work which is performed pursuant to the Statement of
Work, Exhibit "C". By providing funding hereunder,
the DISTRICT does not make any warranty, guaranty,
or any representation whatsoever regarding the
correctness, accuracy, or reliability of any of the work
performed hereunder.
2.3 The ENTITY by executing this
AGREEMENT, certifies to truth-in-negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracting. The ENTITY
agrees that the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. The
DISTRICT shall make any such adjustment within one
(I) year following the expiration or termination of this
AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1 The ENTITY's invoices shall reference the
DISTRICT's AGREEMENT Number and shall be
sent to the DISTRICT's address specified on the
cover/signature page of this AGREEMENT. The
ENTITY shall not submit invoices to any other address
at the DISTRICT.
3.2 The ENTITY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "D" and made a
part of this AGREEMENT. In the event the
schedule does not specify payment on a completion of
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budget, including but not limited to, copies
Page I of9, Exhibit "B"
Contract File:\entity.doc 02/10/04
~.-.>',..---_._-_.~,
8
SOUTH FLORIDA WATER MANAGEMENT DISTRlC16 D 5
EXHIBIT "8"
GENERAL TERMS AND CONDITIONS
of approved timesheets, payment vouchers, expense
reports(including approved travel costs, if
applicable), receipts and subcontractor invoices. Any
authorized travel shall be reimbursed in accordance
with Chapter I 12, Florida Statutes.
3.3 It is the policy of the DISTRICT that payment
for all goods and services shall be made in a timely
manner and that interest payments are made on late
payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a
"proper" invoice is defined as an invoice that
conforms to all statutory requirements and all
DISTRICT requirements as specified in the
AGREEMENT for invoice submission. The time at
which payment shall be due from the DISTRICT
shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or
deliverables, based on compliance with the statutory
requirements set forth in Section 2 I 8.70, F.S. and
upon satisfaction of the DISTRICT conditions as
detailed in the AGREEMENT.
Failure of the ENTITY to follow the instructions set
forth in the AGREEMENT regarding a proper
invoice and acceptable services and/or deliverables
may result in an unavoidable delay in payment by the
DISTRICT. All payments due from the DISTRICT
for a proper invoice and acceptable services and/or
deliverables and not made within the time specified in
this section shall bear interest from thirty (30) days
after the due date at the rate of one percent (1 %) per
month on the unpaid balance. The ENTITY shall
invoice the DISTRICT for payment of any accrued
unpaid interest.
Any disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DISTRICT Leadership Team not later
than sixty (60) days after the date on which the proper
invoice was received by the DISTRICT.
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made
by the ENTITY prior to the commencement date of
this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the perfonnance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover/signature page of the AGREEMENT for
attempted resolution or action. The Project Managers
shall be responsible for overall coordination and
oversight relating to the perfonnance of this
AGREEMENT. The ENTITY shall direct all
administrative matters, including invoices and notices,
to the attention of the DISTRICT's Contract Specialist
specified on the cover/signature page of the
AGREEMENT.
All fonnal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified mail, return receipt
requested, to the respective addresses specified on the
cover/signature page of the AGREEMENT. The
ENTITY shall also provide a copy of all notices to the
DISTRICT's Project Manager. 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.
All correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on the cover/signature page
of the AGREEMENT.
ARTICLE 5 - INDEMNIFICATION &
INSURANCE
5.1 For value received, which is hereby
acknowledged, the ENTITY shall defend, indemnify,
save, and hold the DISTRICT, its officers, directors,
board members, agents, assigns, and employees
hannless from liabilities, damages, losses and costs,
including, but not limited to reasonable attorneys' fees,
to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the ENTITY and
other persons employed or utilized by the ENTITY in
the perfonnance of the AGREEMENT. The
DISTRICT shall have the right to approve counsel
selected by the ENTITY to defend the DISTRICT in
Page 2 of9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DlSTrol'6 D 5
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
the event the DISTRICT IS named In any legal
action.
The ENTITY further acknowledges that it is solely
responsible for ensuring its compliance and the
compliance of its subcontractors, suppliers, agents,
assigns, invitees and employees with the terms of this
AGREEMENT. This paragraph shall survive the
expiration or termination of this AGREEMENT.
5.2 The ENTITY 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
Insurance Requirements, attached as Exhibit "H" and
made a part of this AGREEMENT. The coverage
required shall extend to all employees and
subcontractors of the ENTITY. Prior to the execution
of this AGREEMENT, the ENTITY shall provide a
Certificate of Insurance for such coverage to the
DISTRICT for approval, 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 of
Insurance shall be signed by the insurance carrier's
authorized representative and shall identify the
DISTRICT as added insured as required.
5.3 All insurers must be qualified to lawfully
conduct business in the State of Florida. Failure of
the DISTRICT to notify the ENTITY that the
certificate of insurance does not meet the
AGREEMENT requirements shall not constitute a
waiver of the ENTITY's responsibility to meet the
stated requirement. In addition, receipt and
acceptance of the certificate of insurance by the
DISTRICT shall not relieve the ENTITY from
responsibility for adhering to the insurance limits and
conditions of insurance required within this
AGREEMENT. Misrepresentation of any material
fact, whether intentional or not, regarding the
ENTITY's insurance coverage, policies or
capabilities, may be grounds for termination of the
AGREEMENT as determined solely by the
DISTRICT
ARTICLE 6 - TERMlNATIONIREMEDIES
6.1 It is the policy of the DISTRICT to
encourage good business practices by requIrIng
contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
AGREEMENT. In accordance with DISTRICT
Rule 40E-7, Part II, F.A.C., "material breach" is
defined as any substantial, unexcused non-
performance by failing to perform an act that is an
important part of the transaction or performing an act
inconsistent with the terms and conditions of the
AGREEMENT.
If the ENTITY materially fails to fulfill its
obligations under this AGREEMENT, the
DISTRICT will provide written notice of the
deficiency by forwarding a Cure Notice citing the
specific nature of the material breach. The ENTITY
shall have thirty (30) days to cure the breach. If the
ENTITY fails to cure the breach within the thirty
(30) day period, the DISTRICT shall issue a
Termination for Default Notice. Once the DISTRICT
has notified the ENTITY that it has materially
breached its AGREEMENT with the DISTRICT, by
sending a Termination for Default Notice, the
DISTRICT's Governing Board shall determine
whether the ENTITY should be suspended from
doing future work with the DISTRICT, and if so, for
what period of time. The DISTRICT's Governing
Board will consider the factors detailed in Rule 40E-
7, Part II, F.A.C. in making a determination as to
whether a ENTITY should be suspended, and if so,
for what period of time. Should the DISTRICT
terminate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law and/or equity.
6.2 The DISTRICT may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the ENTITY. 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
ENTITY of a Notice of Termination specifying the
extent to which performance of work under the
AGREEMENT is terminated, and the date upon which
Page 3 of9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DlSTRlCJ. 6 D 5
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall Compensate the ENTITY for all
authorized and accepted deliverables completed
through the date of termination in accordance with
Exhibit "C", Statement of Work. 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
ENTITY for such work until such time as the
DISTRICT determines the exact amount due to the
ENTITY.
6.3 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.
6.4 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or property. This
provision shall not shift responsibility for loss or
damage, including but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the ENTITY to the DISTRICT. If this
provision is invoked, the DISTRICT shall notify the
ENTITY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitrary or capricious. The ENTITY shall then be
obligated to suspend all work efforts as of the effective
date of the notice and until further written direction
from the DISTRICT is received. Upon resumption of
work, if deemed appropriate by the DISTRICT, the
DISTRICT shall initiate an amendment to this
AGREEMENT to reflect any changes to Exhibit "C",
Statement of Work and/or the project schedule.
6.5 The DISTRICT anticipates a total project cost
as indicated on the cover/signature page, with the
balance of matching funds and/or in-kind services to
be obtained from the ENTITY in the amount as
specified on the cover/signature page of this
AGREEMENT. In the event such ENTITY
matching funding and/or in-kind services becomes
unavailable, that shall be good and sufficient cause
for the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION/
OWNERSIDP
7.1 The ENTITY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The ENTITY
shall maintain all fInancial and non-fmancial 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 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 years from the date of fmal
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 ENTITY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
fmal disposition of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
7.2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
Page 4 of9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DlSTRlC'16 D 5
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
reports, research notes, scientific data, computer
programs, including the source and object code,
which are developed, created or otherwise originated
hereunder by the ENTITY, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exhibit "C", Statement of Work (the "Work"). In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the ENTITY, the
ENTITY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all rights
it now has or may have in the Work (the "Grant").
This Grant shall be self-operative upon execution by
the parties hereto, however the ENTITY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
ENTITY may not disclose, use, license or sell any
work developed, created, or otherwise originated
hereunder to any third party whatsoever. This
paragraph shall survive the termination or expiration
of this AGREEMENT.
7.3 The ENTITY represents and warrants that
proprietary software, if any, to be provided to the
DISTRICT by the ENTITY hereunder, as
specifically identified in Exhibit "C", Statement of
Work shall have been developed solely by or for the
ENTITY, or lawfully acquired under license from a
third party, including the right to sublicense such
software. The ENTITY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmit the software. The
ENTITY shall grant to the DISTRICT a perpetual,
non-transferable, non-exclusive right to use the
identified software without an additional fee. The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the ENTITY
with DISTRICT funding under this AGREEMENT
shall be returned and title transferred from the
ENTITY to the DISTRICT immediately upon
termination or expiration of this AGREEMENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination. Equipment is hereby
defmed as any non-consumable items purchased by
the DISTRICT with a value equal to or greater than
$500.00 and with a normal expected life of one (I)
year or more. The ENTITY will maintain any such
equipment in good working condition while in its
possession and will return the equipment to the
DISTRICT in good condition, less normal wear and
tear. The ENTITY will use its best efforts to
safeguard the equipment throughout the period of
performance of this AGREEMENT. However the
DISTRICT will not hold the ENTITY liable for loss
or damage due to causes beyond the ENTITY's
reasonable control. In the event of loss or damage,
the ENTITY shall notify the DISTRICT in writing
within five (5) working days of such occurrence.
7.5 The DISTRICT has acquired the right to use
certain software under license from third parties. For
purposes of this AGREEMENT, the DISTRICT
may permit the ENTITY access to certain third party
owned software on DISTRICT computer systems.
The ENTITY acknowledges the proprietary nature of
such software and agrees not to reproduce, distribute
or disclose such software to any third party. Use of
or access to such software shall be restricted to
designated DISTRICT owned systems or equipment.
Removal of any copy of licensed software is
prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The ENTITY, 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 ENTITY, upon request, as to any
such laws of which it has present knowledge.
8.2 The ENTITY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT. The
ENTITY shall take all measures necessary to
effectuate these assurances.
8.3 The laws of the State of Florida shall govern all
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SOUTH FLORIDA WATER MANAGEMENT DlSTRlCJ 6 D 5
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
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.
8.4 The ENTITY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consultants who shall perform work which is intended
to benefit the DISTRICT is a convicted vendor or has
been placed on the discriminatory vendor list. If the
ENTITY or any affiliate of the ENTITY has been
convicted of a public entity crime or has been placed
on the discriminatory vendor list, a period longer than
36 months has passed since that person was placed on
the convicted vendor or discriminatory vendor list. The
ENTITY further understands and accepts that this
AGREEMENT shall be either void by the DISTRICT
or subject to immediate termination by the DISTRICT,
in the event there is any misrepresentation or lack of
compliance with the mandates of Section 287.133 or
Section 287.134, respectively, Florida Statutes. The
DISTRICT, in the event of such termination, shall not
incur any liability to the ENTITY for any work or
materials furnished.
8.5 The ENTITY shall be responsible and liable
for the payment of all of its FICA/Social Security and
other applicable taxes resulting from this
AGREEMENT.
8.6 The ENTITY warrants that it has not employed
or retained any person, other than a bona fide employee
working solely for the ENTITY, to solicit or secure
this AGREEMENT. Further the ENTITY warrants
that is has not paid or agreed to pay any person, other
than a bona fide employee working solely for the
ENTITY, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from
the awarding or making of this AGREEMENT. For
breach of this provision, the DISTRICT may terminate
this AGREEMENT without liability and, at its
discretion, deduct or otherwise recover the full amount
of such fee, commission, percentage, gift, or other
consideration.
8.7 The ENTITY shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
ENTITY assert any exemptions to the requirements of
Chapter I 19 and related Statutes, the burden of
establishing such exemption, by way of ~unctive or
other relief as provided by law, shall be upon the
ENTITY.
8.7.1 Pursuant to Sections 119.07(3)(0), and
240.241 Florida Statutes, data processing software
obtained by an agency under a license agreement
which prohibits its disclosure and which software is a
trade secret, as defined in Sections 812.081(c),
Florida Statutes is exempt from the disclosure
provisions of the Public Records law. However, the
parties hereto agree that if a request is made of the
DISTRICT, pursuant to Chapter 119, Florida Statute,
for public disclosure of proprietary property being
licensed to the ENTITY (Licensee) hereunder, the
DISTRICT shall advise the ENTITY (Licensee) of
such request and, as between the DISTRICT and the
ENTITY (Licensee), it shall be the ENTITY's
(Licensee's) sole burden and responsibility to
immediately seek and obtain such injunctive or other
relief from the Courts and to immediately serve notice
of the same upon the Licensor to protect the
Licensor's claimed exemption under the Statute.
8.8 The ENTITY shall make reasonable efforts to
obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
commencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the ENTITY for additional
compensation. If the ENTITY is unable to obtain all
necessary permits in a timely manner, either party
may elect to terminate this AGREEMENT, each
party to bear its own costs, notwithstanding other
provisions of this AGREEMENT to the contrary.
8.9 Pursuant to Section 216.347, ES., the ENTITY
is prohibited from the expenditure of any funds under
this AGREEMENT to lobby the Legislature, the
judicial branch or another state agency.
8.10 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
Page 6 of9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DISTRlC). 6 0 5
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
goals and objectives of the agency. The work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its ENTITY. Therefore, as the
DISTRICT'S ENTITY for this project, the
ENTITY assures the DISTRICT that the ENTITY,
its employees, subcontractors and assigns will refrain
from acting adverse to the DISTRICT'S legitimate
interest in promoting the goals and objectives of this
project. The ENTITY agrees to take all reasonable
measures necessary to effectuate these assurances. In
the event the ENTITY determines it is unable to meet
or promote the goals and objectives of the project, it
shall have the duty to immediately notify the
DISTRICT. Upon such notification the DISTRICT,
in its discretion, may terminate this AGREEMENT.
ARTICLE 9 - RELATIONSIDP BETWEEN
THE PARTIES
9.1 The ENTITY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of
independent contractor between the parties and their
respective employees, agents, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services.
9.2 In the event that the ENTITY is providing staff
who will be working on-site at DISTRICT facilities, it
is further understood that the ENTITY shall be the
employer of the staff provided pursuant to the
AGREEMENT for all purposes under state and
federal law and that the ENTITY's staff shall not be
eligible for any benefit programs the DISTRICT offers
to its employees. All benefits available to the
ENTITY's staff shall be exclusively provided by the
ENTITY or by the ENTITY's employee.
The ENTITY is solely responsible for compliance with
all labor and tax laws pertaining to officers, agents and
ENTITY employees and shall indemnify and hold the
DISTRICT harmless from any failure by the ENTITY
to comply with such laws. The ENTITY's duties with
respect to such personnel shall include, but are not
limited to, the following:
9.2.1 Billing, collection, payroll services and
tax withholding, and any other related services
9.2.2 Providing insurance coverage pursuant
to Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benefits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Act, 29 U.S.c. 201, et.seq., including payment of
overtime in accordance with the Act.
9.2.5 Providing employee trammg for all
activities necessary for job performance, except those
functions that are unique to the DISTRICT, in which
event, the DISTRICT, in its sole judgment and
discretion, may provide training.
9.3 It is the intent and understanding of the Parties
that this AGREEMENT is solely for the benefit of the
ENTITY and the DISTRICT. No person or entity
other than the ENTITY or the DISTRICT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third-party
beneficiary or otherwise.
9.4 The ENTITY 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.
9.5 The ENTITY shall not pledge the DISTRICT's
credit or make the DISTRICT a guarantor of payment
or surety for any contract, debt, obligation, judgement,
lien, or any form of indebtedness.
9.6 The DISTRICT assumes no duty with regard to
the supervision of the ENTITY and the ENTITY shall
remain solely responsible for compliance with all safety
requirements and for the safety of all persons and
property at the site of contract perfonnance.
Page 7 of9, Exhibit "B"
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16D5
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 10 - MBE PARTICIPATION
10.1 The ENTITY hereby acknowledges that no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT;
however, both parties agree to provide the other
advance notice of competitive contracts that may
result from this AGREEMENT along with time lines
for public notice and award of such contracts. In the
event subsequent competitive contract awards do
result in MBE participation, such participation shall
be reported to the other party. Both the ENTITY and
the DISTRICT will ensure compliance with the
provisions of their respective program, laws,
ordinances and policies and will support the other's
initiatives to the extent allowed by law.
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
Govemment, 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 "Statement of Work" of this
AGREEMENT specifies that performance by
ENTITY is specifically required during the occurrence
of any of the events herein mentioned.
11.2 Any inconsistency in this AGREEMENT shall
be resolved by giving precedence in the following
order:
(a) Exhibit "A" Special Provisions, if applicable
(b) Exhibit "B" General Terms and Conditions
(c) Exhibit "C" Statement of Work
(d) all other exhibits, attachments and documents
specifically incorporated herein by reference
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.
11.4 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.
11.5 This AGREEMENT may be amended only
with the written approval of the parties hereto.
11.6 This AGREEMENT states the entire under-
standing 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 ENTITY
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.
ARTICLE 12 - SAFETY REQUIREMENTS
12.1 The ENTITY shall require appropriate
personal protective equipment in all operations where
there is exposure to hazardous conditions.
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SOUTH FLORIDA WATER MANAGEMENT DlSTRlCT16 0 5
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
12.2 The ENTITY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the ENTITY to the DISTRICT
on each chemical product used.
12.3 The ENTITY shall comply with the standards
and regulations set forth by the Occupational Safety
and Health Administration (OSHA), the Florida
Department of Labor and Employment Security and
all other appropriate federal, state, local or
DISTRICT safety and health standards.
12.4 It is the ENTITY'S sole duty to provide safe
and healthful working conditions to its employees and
those of the DISTRICT on and about the site of
AGREEMENT performance.
12.5 The ENTITY shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees
in the recognition, avoidance, and prevention of
unsafe conditions and acts.
12.6 The ENTITY shall erect and maintain, as
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards.
12.7 The ENTITY shall take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to:
12.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
ENTITY, or the ENTITY's subcontractors; and
12.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
12.8 The ENTITY shall provide first aid services
and medical care to its employees.
12.9 The ENTITY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
12.10 Emergencies: In emergency affecting safety of
persons or property on or about the site or as a result
of the work; the ENTITY shall act, timely and with
due diligence, to prevent threatened damage, injury,
or loss.
12.11 Environmental: When the ENTITY,
ENTITY's contractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
ENTITY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT. For accidental discharges or
releases onto the floor, air, ground, surface waters,
ground waters, it shall be the ENTITY's sole
responsibility to respond immediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
12.12 The DISTRICT may order the ENTITY to
halt operations under the AGREEMENT, at the
ENTITY's expense, if a condition of immediate
danger to the public and/or DISTRICT employees,
equipment, or property exist. This provision shall not
shift the responsibility or risk of loss for injuries or
damage sustained from the ENTITY to the
DISTRICT; and the ENTITY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
Page 9 of9, Exhibit "B"
Contract File:\entity.doc 02/10/04
EXHIBIT "e"
STATEMENT OF WORK
1605
STATEMENT OF WORK
Introduction
Collier County Parks and Recreation Department maintains 44 park sites composed of
over 1100 acres of land. Among those the department has 28 ball fields (little league,
soft- and baseball) and 14 soccer fields. Maintenance of the Bermuda grass fields in
playable condition, as well as keeping general park grounds safe and attractive, is vital to
the service Parks and Recreation provides to the public.
The department makes every effort to conserve water resources while maintaining high-
quality facilities. Wherever possible, effluent water is used for irrigation, and
maintenance personnel are trained in the Florida Green Industries Best Management
Practices for Protection of Water Resources.
As a significant step toward this end, the department is proposing the installation of an
Irrigation Central Control Management (ICCM) system. A network of irrigation
controllers and information storage and communication devices will be installed and
connected to software residing on the County's computer network. The system will allow
for remote control of all park irrigation zones, monitor and report malfunctions allowing
for immediate repair, and provide for precise measurements of consumption.
Scope
The proposed project is the first phase of the installation of a countywide ICCM system
for park facilities. In this phase the central control software will be set up on the County's
computer network, and irrigation controllers and information storage and communication
devices installed at the facilities in the South District of the park system. The parks in the
South District include East Naples Community Park, Bayview Park, Eagle Lakes
Community Park, Gulf Coast Community Park, and Golden Gate Community Park.
Work Breakdown Structure
Proiect Elements
Wireless remote irrigation controllers will be installed at each park site, and
controllers that also serve as information storage and communication devices will
be installed at parks sites strategically located to form a communications network
that will allow two-way transfer of information. Irrigation controllers will be able
to report data to the central control software and the software will be able to issue
commands to the controllers.
Within the South District of the County Parks system, wireless remote controllers
will be installed in two locations at Golden Gate Community Park and in two
locations at East Naples Community Park. Controllers that also serve as
Exhibit "C" Agreement No. DG040615 Page1of3
information storage and communication devices will be installed at Golden Gate
Community Park, Gulf Coast Community Park, Eagle Lakes Community Park,
and Bayview Park. This phase of the system will control irrigation for 9 ball fields
and 4 soccer fields, as well as all irrigated landscaped areas within the affected
parks.
1605
Proiect Justification
Collier County Transportation Landscape Services Operations currently employs
an ICCM system for the maintenance of roadway medians. An analysis conducted
for the purchase of that system reported "an industry-wide finding, based upon
manufacturer's literature, communications with irrigation contractors, designers
and system users, that an ICCM system with two-way communication abilities
can produce savings from 50 to 80 percent in irrigation water use, labor costs,
water costs, and associated irrigation controller maintenance costs."
Contemporary Controls and Communications, Inc., the vendor selected to provide
the ICCM system for Transportation Landscape Services Operations, reports that
most of its clients see a 40 percent reduction in water usage with the use of an
ICCM system.
Project Benefits
Contemporary Controls and Communications, Inc., the vendor who will provide
the ICCM system, reports that most of its clients see a 40 percent reduction in
water usage with the use of an ICCM system.
The parks within the South District as composed of 120 acres, 24 acres of which
make up sports fields in heavy use. The sports field acreage alone requires
approximately 41,000 gallons of water per day in addition to Southwest Florida's
annual rainfall for proper maintenance.
The proposed project will allow the Parks Department to closely monitor water
usage, thereby conserving the resource and reducing the deleterious effects of
overuse, such as fertilizer run-off. Problems such as broken sprinkler heads that
lead to overuse will be identified and corrected more quickly.
The ability to conserve will be especially significant in the case of Bayview Park,
which does not have any sports fields but which is one of the few parks within the
system that use potable water. (Irrigation sources for the other parks in the South
District are a follows: Eagle Lakes, effluent; East Naples, lake; Golden Gate and
Gulf Coast, well).
The technology that was employed for the irrigation systems of Collier County
parks was the best available at the time the parks were built, but the installation of
an ICCM system will have a considerable impact on the department's ability to
serve the people and the environment of Southwest Florida to the best of its
ability.
Exhibit "C" Agreement No. DG040615 Page2of3
1605
Location
The contracted vendor, Contemporary Controls and Communications, Inc., will install the
necessary IrriNets and Scorpios at the following locations:
East Naples Community Park
3500 Thomasson Drive, Naples
Bayview Park
terminus of Danford Street, Naples
Eagle Lakes Community Park
11565 Tamiami Trail East, Naples
Gulf Coast Community Park
Warren Street, Naples
Golden Gate Community Park
3300 Santa Barbara Boulevard, Naples
The central control software will be set up on the County's computer network, located at
the Collier County Government Complex at 3301 East Tamiami Trail, Naples.
Deliverable Schedule
The contracted vendor, Contemporary Controls and Communications, Inc., has submitted
a delivery schedule with estimated completion at eight weeks subsequent to receipt of a
purchase order.
Exhibit "C" Agreement No. DG040615 Page3of3
-.'-~"_.""--_...- -....--.-^---...---
1605
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
· A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one
year agreement.
· All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based
on the number of weeks from the date of agreement execution. The Entity hereby agrees to provide the District
all deliverables, data and information described in the Statement of Work in writing.
· Payment shall be made following receipt and acceptance by the District of project deliverables in accordance
with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed
the amount of$ 26.300.00. All payments are subject to District fiscal year appropriations.
2
I3 weeks
calculated
3 26 weeks
calculated
4 39 weeks
calculated
Reduction in water consum
5 52 weeks $13,150
Total
$ 26,300.00
Exhibit "0" Agreement No. 00040615 Page10fl
MEMORANDUM
Date: April 29, 2004
To: David Weigel, County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2004-158: Lethal Yellowing Disease
Enclosed please find one copy of the original document as referenced
above, Agenda Item #1606, as approved by the Board of County
Commissioners on Tuesday, April 27, 2004.
The original is being retained for the official public record.
I have also sent a copy to Doug Caldwell with University Extension
Services.
If you should have any questions, please contact me at
732-2646, ext. 7240.
Thank you.
Enclosure
16D6
MEMORANDUM
Date:
April 29, 2004
To:
Doug Caldwell
University Extension Service
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-158: Lethal Yellowing Disease
Enclosed please find one copy of the document as referenced above, approved by
the Board of County Commissioners on Tuesday, April 27, 2004, (Agenda Item
#1606).
The original is being retained for the official public record.
If you should have any questions, please feel free to contact me at
732-2646, ext. 7240.
Thank you.
Enclosure (1)
16D6
16D6
RESOLUTION NO. 2004- 158
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, DECLARING THAT A STATE
OF EMERGENCY EXISTS THROUGHOUT UNINCORPORATED
COLLIER COUNTY, FLORIDA, REGARDING THE THREAT OF
LETHAL YELLOWING DISEASE TO SPECIFIED SPECIES OF
PALM TREES
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. This Declaration is made upon recommendation by the County's Public
Services Administrator. The Lethal Yellowing Disease, which infests and kills
the species of "covered palm trees" listed in subsection (B) in SECTION THREE
of the Ordinance, spreads easily through the air and requires immediate and
summary emergency action to prevent further spread of this disease.
2. This declaration of emergency shall continue throughout unincorporated
Collier County until (a) determinations are made from time-to-time by the Public
Services Administrator or designee that the threat or danger from the Lethal
Yellowing Disease no longer exists in specified geographic areas in
unincorporated Collier County, or (b) until a recommendation is made to the
Board of County Commissioners to terminate this declared state of emergency
and the Board of County Commissioners approves such recommendation.
3. Pursuant to Subsection 5 in SECTION FIVE in the Ordinance, Collier
County expenditures up to $20,000 in each fiscal year are authorized to be
expended to inoculate and/or remove covered palm trees suspected to be
infested with the Lethal Yellowing Disease.
4. This Resolution shall take effect immediately upon adoption.
ADOPTED this day of
second and majority vote favoring adoption.
, 2004 after motion,
......." ,\ \, , \ \ \ \ I
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
"
Approved as to form
and legal sufficiency:
'!k PJ~
Thomas C. Palmer,
Assistant County Attorney
Item # Ii () () ~
AgendaJ I, '\~ ^',
Date t::.d-.J,.:llt
PIJ~o/~~ w~ w~
16D7
3301 East Tamiami Trail" Naples, Fiorida 34112 - 4977
(239) 774-8097" Fax (239) 774-3602
, .0';:
,~rr
;":~'.1
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
April 27, 2004
Ms. Anne T. Simon, Executive Director
Youth Haven, Inc.
5867 Whitaker Road
Naples, FL 34112
Dear Ms. Simon:
It is with great pleasure that I offer the Collier County Board of County Commissioner's support
of the Naples Education and Children's Foundation as the Outstanding Philanthropist for the
Year 2004. This award sponsored jointly by the Association of Fund Raising Professionals, the
Community Foundation of Collier County, International College and Gulfshore Life Magazine is
a notable tribute to the success of the Foundation and its commitment to services to children in
Collier County.
The phenomenon of the Naples Winter Wine Festival this year truly bespeaks the generosity of
our citizens. It is from this generosity that our community is renown for, and with a record $6.67
million raised by the Foundation this year--world renown! Also laudable is the dexterity that this
organization chose to fairly distribute this incredible sum in order to fund not-for-profit
organizations that provide necessary social services to children in our community.
Thank you for the opportunity to offer support in recognizing this incredible foundation. Please
do not hesitate to contact me should you require further information or have questions.
Sincerely,
4L.- )-~
Donna Fiala, Chairman
Board of County Commissioners
Item# J~ D l-
Agenda LJ.....Z."1 ~J 1
Date -~11
Date Lf /' ~ "'bLt
Rec'd
16E1
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
FRO~~ \~~ott, Supervisor
~QI ,-",tate Services
DATE: April 28, 2004
RE: GAC Land Trust Agreement - Golden Gate Fire Control & Rescue District
Agenda Item 16E1 @ April 27,2004 Bee Meeting
Attached you will find the following item for execution by Chairman Donna Fiala
concerning the above transaction:
1. Agreement
Please forward the Agreement to Minutes & Records, for attestation.
[Note: After attestation of said document, please call extension #8780 for document
pick-up. A copy is sufficient as this item is not recorded.]
Thank you.
Attachments as stated
16E1
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, Supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
GAC Land Trust Agreement- Golden Gate Fire
Control << Rescue District
Enclosed please find a copy of the agreement as referenced
above, approved by the Board of County Commissioners on
Tuesday, April 27, 2004 (Agenda Item #16El).
The original agreement is being held in the Minutes and
Records Department for the official public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
,-
16E1
AGREEMENT
C!l ~
THIS AGREEMENT made this ~ day of , 2004 between the GOLDEN
GATE FIRE CONTROL & RESCUE DISTRICT, a Special istrict created by Laws of Florida,
Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is
4741 Golden Gate Parkway, Naples, Florida 34116-6901 and COLLIER COUNTY, A POLITICAL
SUBDIVISION OFTHE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS,
ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address
is 3301 Tamiami Trial East, Administration Building, Naples, Florida 34112 (hereinafter referred to as
the "County").
WHEREAS, County has acquired 1 ,061.5 acres, located in Collier County, Florida (hereinafter
referred to as "Property"), from Avatar Properties Inc. f/k/a! GAC Properties Inc. in accordance with
the November 15,1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter
referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the County has determined that a disbursement of a portion of said funds to the
District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the
purposes of said 1983 Agreement by providing for the purchase of a Fire Safety House and Tow
Vehicle, which will enable the fire district to teach fire safety and disaster preparedness to residents of
the Golden Gate Estates area; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated J.. -lo-o4.-,
approving the use of funds derived from the sale of Property to acquire a Fire Safety House and Tow
Vehicle.
NOW THEREFORE, in consideration of the above premises which are incorporated herein and
made part of this Agreement, and in further consideration of the mutual covenants set forth below,
and other good and valuable consideration, acknowledged by the parties to be sufficient, just and
adequate, the parties hereto do agree as follows:
1. The County hereby agrees to contribute a maximum of Eighty-eight Thousand Two
Hundred Twenty-seven Dollars ($88,227.00) of the total funds to be expended by the District for
purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and
conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing
a Fire Safety House and Tow Vehicle (hereinafter collectively referred to as "Vehicle").
2. The District agrees and warrants that the Vehicle purchased with the Funds shall be utilized
solely by the District for the primary purposes of teaching fire safety and disaster preparedness to
residents of Golden Gate Estates and said vehicle shall be based and stationed at Station 71 located
on 13th Street SW, Naples, Florida, said fire station being located within the area of "Golden Gate
Estates", In addition, District agrees said vehicle shall be made available to any and all fire districts
located within the Golden Gate Estates area.
3. The District hereby agrees that the purchase of the Vehicle has been or shall be in
accordance with all applicable bidding or other requirements for the procurement of property and
services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may
apply. The District hereby agrees that the purchase of the Vehicle shall be conducted in a manner
consistent with the Board oT County Commissioner's purchasing policy and in proper l,;oordinatioil livith
the County's Purchasing Department prior to the ordering or receiving of any goods or services
purchased under this Agreement.
4. Payment of the Funds for the Vehicle shall be in accordance with the following procedure:
(1) After delivery of said Vehicle to the District, the District shall deliver to the Real Estate
Services Manager for approval prior to any payment made to the District:
(a) Copies of any and all invoices for said Vehicle, clearly stating the purpose of
said invoices and indicating that the invoices have been paid in full.
16E1
(b) A letter from the District, signed by the Chairperson, stating that the Vehicle has
been received and accepted in good order and directing the County to reimburse the District upon
payment of the invoices for the vehicle for purposes specified in this Agreement.
(2) Within thirty (30) days after receipt and approval of the above-described documents and
verification that all invoices have been paid in full by the District, if not already provided, a County
warrant for payment shall be prepared and made payable to the District and shall be forwarded
directly to the District by the County. In no way, shall the total amount to be paid exceed $88,227.
(3) The Vehicle shall be purchased by the District within twelve (12) months of the execution
of the Agreement by both parties. In the event that the Vehicle is not purchased by the District within
twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties
that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have
been provided to the District pursuant to the provisions of this Agreement.
(4) If the District obtains any monies as a gift, contribution or reimbursement, through any
grant program, pertaining to the purchase of said Vehicle, such gift, contribution or reimbursement
shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners
for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this
Agreement. District agrees to prepare and submit the appropriate grant applications whereby
verification of such application, and its approval or denial, shall be provided to the County within thirty
(30) days of submittal and/or receipt.
(5) The District covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the further obligation
of the District to pay any remaining balance required to complete the purchase of the Vehicle.
5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to
provide for full repair and/or replacement of Vehicle in the event the Vehicle is damaged or destroyed.
6. The District covenants and agrees that this Agreement is solely between the County and
the District and, although the County shall reimburse the District for all or only a portion of the Funds
on behalf of the District, the County shall have no direct or indirect liability to the vendor of Vehicle or
any other third party resulting from this Agreement.
7. District agrees to protect, defend, indemnify and hold the County harmless from any and
all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in
any way connected with the use of the Funds or the selection, purchase, delivery or use of the Vehicle
by the District, its agents, employees, or in any way related to the use of the Vehicle by the District, its
agents, employees or any third party.
8. The District understands and agrees that the Funds to be provided to the District in
accordance with the terms of this Agreement have been derived from and are being provided solely
for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds
are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further
understands and agrees that no ad valorem taxes, revenues or moneys form other sources have
been committed or will be committed by the Collier County Board of County Commissioners for the
purposes set forth in this Agreement.
9. The District agrees that following purchase, and at all times thereafter, the Vehicle shall
be used to teach fire safety and disaster preparedness to residents within the geographical area
commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preclude
the use of the Vehicle within non-estates areas of the District so long as the primary use is for
teaching fire safety and disaster preparedness to residents within Golden Gate Estates.
10. In the event that the Vehicle ceases to be utilized by the District as described in
Paragraph 2, or if the Vehicle ceases to be used in accordance with the terms of this Agreement, the
District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the
fair market value of the Vehicle as of the date tile Vehicie ceases to be used by ihe District as
described in Paragraph 2 or the date the Vehicle ceases to be used in accordance with this
Agreement. The fair market value shall be determined by a third party, selected by the County, who is
determined to be qualified to establish the valuation of said Vehicle.
11.
Florida.
This Agreement is governed and construed in accordance with the laws of the State of
12. Any notice required by this Agreement shall be addressed to the parties at the address
set forth below:
IF TO THE COUNTY:
Collier County
c/o Real Estate Services
Administration Building - 4th Floor
3301 Tamiami Trail East
Naples, Florida 34112
16El~'"
IF TO THE DISTRICT:
Golden Gate Fire & Rescue District
4741 Golden Gate Parkway
Naples, Florida 34120
13. This Agreement represents the entire Agreement between the parties, and no promise,
representation, warranty or covenant not included in this Agreement or any such referenced
agreements has been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and dated by both
parties.
IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on
the day an9 year firl?t above written.
_ -- (',t,UD OP . ,
AS TO €~t)NTY:'," cOr
DAT~:."~
ATT~T' ---. '--: .,.-~. .',.
!' ~..-I .; \ " . -.,-'"1,1" / ~ _ ..
D~f Ht~~ ::~Rock:~ le~.J.
(-., "", - ' ~ ,"'---.-,
-' ~. i 1 \~ ... :..."":/ ~ 1 ~
- . 1 "
.D.C.
NTY COMMISSIONERS
TY, FLORIDA
~"
By:
GOLDEN GATE FI RE
CO~SCUE DISTRICT
By:" L~
Matt Hudson, Chairman
Approved as to form and
legal fufficiency: )1\
~l[~ r J '---------
Heidi F. Ashton
Assistant County Attorney
Item # \~ (\
Agenda l\r al-(Y j
Date -- \"
! Date <. I -~_I'\+
Rec'd T~ U
16E
2.
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
DATE: April 28, 2004
RE: Immokalee Library Addition - Easement (LCEC)
Agenda Item 16E2 @ April 27, 2004 Bee Meeting
Attached you will find the following item for execution by Chairman Donna Fiala
concerning the above transaction:
1. Easement (LCEC)
Please forward the Easement to Minutes & Records, for attestation.
[Note: After attestation of said document, please call extension #8780 for document
pick-up as our Department will record all necessary document and return original.]
Thank you.
Attachments as stated
16E2
MEMORANDUM
Date:
April 29, 2004
To:
Toni Mott, Supervisor
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Immokalee Library Addition- Easement (LCEC)
Enclosed please find the original agreements as referenced
above, approved by the Board of County Commissioners on
Tuesday, April 27, 2004 (Agenda Item #16E2).
After recording, please return the document to the Minutes
and Records department for public record.
If you should have any questions, please contact me at ext.
7240
Thank you.
Enclosure
16 E2
Project: Immokalee Library Addition
Folio: 00127120009
Prepared b,:
Ellen T. Chadwell. E..-tre
Off1c:t of the Coufttl At__,
3301 East TaM1a.1 Tretl
Naples, Flortda 34112
(~1) 714-8400
KNOW ALL MEN BY THESE PRESENTS that Collier County, a political
subdivision of the State of Florida, as Grantor, whose post office address is 3301 Tamiami Trail
East, Naples, Florida 34112, in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, receipt of which is hereby acknowledged, does hereby grant to Lee
County Electric Cooperative, Inc., a Florida corporation, whose post office address is Post Office
Box 3455, North Fort Myers, Florida 33918, and to its successors and assigns (the term ".assigns"
meaning any person, firm, or corporation owning by way of assignment all rights under this
Agreement or a portion of such rights, with the Grantee or its other assigns retaining and
exercising the other rights), a perpetual easement for a right-of-way to be used for the
construction, operation, and maintenance of one or more overhead and underground electric
distribution lines, including, but not limited to, wires, poles, cables, conduits, anchors, guys, and
roads, trails, and equipment associated therewith, attachments and appurtenant equipment for
fiber optic telecommunications and television purposes (all of the foregoing hereinafter referred
to as "facilities"), over, under, in, on, upon, and across the lands of ' the Grantor situated in the
County of Collier and State of Florida and being more particularly described as follows:
EASEMENT
See attached Exhibit "A" which is
incorporated herein by reference.
Together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of, replace,
remove, or relocate such facilities or any part of them upon, across, over, or under the right-of-
way described above with all rights and privileges necessary or convenient for the full enjoyment
or the use thereof for the purposes described herein, including, but not limited to, the right to
trim, spray, cut, and keep clear all trees and undergrowth and other obstructions within said
right-of-way and on lands of Grantor adjoining said right-of-way that may interfere with the
proper construction, operation, and maintenance of such facilities or any part of them, the right to
mark the location of any underground facilities by above-ground markers and other suitable
markers, and the right of ingress and egress for personnel and equipment of Grantee, its
contractors, agents, successors or assigns, over the adjoining lands of the Grantor, for the
purpose of exercising and enjoying the rights granted by this easement and any or all of the
rights granted hereunder. Any entry upon Grantor's adjoining lands must be with advance notice
to Grantor.
Grantor, successors and assigns, shall have the right to use and occupy the surface of the
easement area for any purpose consistent with the rights and privileges herein granted and which
will not endanger or interfere with the construction, maintenance, and operation or reconstruction
of Grantee's utility installations. '
By the execution hereof, Grantor covenants that Grantor has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use, and enjoyment of this easement and the rights granted hereby.
:-i
~IN, ,WITNESS WHEREOF, the Grantor has executed this Agreement this ;;xL.. day of
. 2004.
'\\;':l . f(1~
. . ',,;' 'I( '"
-v ' v
...- ") ....11 .... ,''"'')
-.... . ./" . . .{'\ .
A TrEST: .:' i ' " ," ~~ n
DWIPHT B; a/Rock;, Clet~
.r. :- .~'__ ,,' .. /jr,::' .:~
'Il'.,. \~. I_~f,\":/', ,":' p (
BY:~~fAt. ~s . .
S1gn4t. OO1J.
AP~tov~
Assistant County Attorney
Ellen T. Chadwell
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Item # \y, I? d-
~:~d tLy-n~
(}lLUW
Deputy e k
E.F. Gaines Surveying Services, Inc.
16 E2
HIBIT.1L
Page-L-of )....
LEGAL DESCRIPTION
of a 16 foot wide utility easement
located in Section 4, Township 47 South, Range 29 East
Collier County, Florida
A 16.00 foot wide utility easement located in the northeast one-quarter of the northeast one-quarter of the
northeast one-quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, lying
8.00 feet on both sides of the following described centerline:
COMMENCING at the northeast comer of said Section 4;
thence run S.00058'00''E. along the east line of said Section 4 for a distance of 561.45 feet;
thence run S.89002'00"W. for 40.00 feet to the west right-of-way line of North First Street and the
POINT OF BEGINNING of the centerline herein described;
thence run N.69001 '09"W. for 104.44 feet to the Point of Termination of the centerline herein described;
The sidelines of the herein described 16.00 foot utility easement are to be lengthened or shortened to
connect with the westerly right-of-way line of North First Street;
Subject to easements, restrictions, and reservations of record;
Bearings are based on the west right-of-way line of North First Street being S.00058'00''E.
Prepared By:
E.F.Gaines Surveying Services, Inc.
~/~' ~ c;:~~~
Elizabeth F. Gaines, PSM
Florida License No. 4576
;z//~~L/
See sheet 2 of 2 for the sketch to accompany this description.
Not valid without the signature and the original raised seal of the above named surveyor and mapper.
Sheet 1 of 2
8481 Yorkshire lane, Fort Myers, Florida 33919
Phone: 239-418-0126 . Fax: 239-418-0127 . E-mail: Uz@EFGaines.com
NOTES:
1. LANDS SHOWN HEREON 'NERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS-OF -WA Y, OWNERSHIP, RESTRICTIONS OR SETBACKS.
2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. I. 6 ...
3. THIS IS NOT A BOUNDARY SURVEY. EXH I BIT.-ra-. E 2
Page J- of 'J....
POINT-OF COMMENCEMENT ~1
NORlliEAST CORNER OF SECTION 4,
TOWNSHIP-47-S0Ulli. RANGE-29-EAST.
COWER COUNTY. FLORIDA I
FOUND RAILROAD SPIKE
UNDER ASPHALT ROADWAY "'t'
FOUND 3/4- IRON PIPE / I
UNDER ASPHALT SIDEWALK ~ :
(NO 1.0.)
i!:
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40.00 l
I
GRAPHlC SCALE
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WOOD PO'ttER POLE
Willi PHONE BOX
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1 inch = 30 ft.
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POINT OF
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EXISTING ELECTRIC
~ANSFOR!AER
I <> __ Iv '-.....
, -......:.:-..69'0.. ""--
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CENTERLINE OF' 'I .....: ~
PROPOSED 16' ~ ..........
WIDE UTILITY , /
EASEMEN T POIN T OF J........
BEGINNING I
WOOD SIGN ~
'"
.n
5' CONC. WALK
caJJER COUNlY
UBRARY BUII.DING
CONC. WAlK
EXISTING WOOD
POWER POLE
40'
(DEED BOOK H, PAGE 134)
THIS SKETCH OF A LEGAL DESRIPTION (SEE SHEET 1 OF 2) OF A PROPOSED 16' WIDE UTILITY
EASEMENT LOCATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29
EAST, COLLIER COUNTY FLORIDA
WAS PREPARED ~
~/h -;r~~
ELIZABETH . GAINES. P.S.M. FLORIDA UCENSE NO. 4576
;Z//e;> /oy
DA TE SIGNED
in
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REVlSIONS/DA IT:
SURVEYOR'S SEAL
NOT VAUD WITHOUT THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OF THE A80'>f NAMED SUR'>fYOR AND MAPPER.
E. F. GAINES SURVEYING SERVICES, INC.
8481 Yorkshire Lane
Fort Myers, Florida 33919
Phone: 239-418-0126 Fax: 239-418-0127
CUENT: BARANY SCHMITT SUMMERS WEAVER
DA IT OF FIELD WORK: 02/18/2004
SCALE: 1"=30'
PROJECT NUMBER: 0064
DRAWING FILE: 0064-1032-002
SHEET 2 OF 2
ITEM # 16E3
APRIL 27,2004
BCC-REGULAR MEETING
HAS NOT BEEN
RECEIVED IN THE
OFFICE OF MINUTES
AND RECORDS AS OF
MAY 16,2005
16ft'
MEMORANDUM
Date:
April 29, 2004
To:
Sue Buck, Manager IT Planning
Information Technology Dept.
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution No. 2004-159: Employee of the Month Program
Enclosed please find one copy of the document as referenced above, approved by
the Board of County Commissioners on Tuesday, April 27, 2004, (Agenda Item
#16E7).
The original is being retained for the official public record.
If you should have any questions, please feel free to contact me at
732-2646, ext. 7240.
Thank you.
Enclosure (1)
16E7
RESOLUTION NO. 2004 - 159
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING, AS SERVING A VALID
PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS
SPECIFICALLY INCURRED IN A DEPARTMENTAL EMPLOYEE OF
THE MONTH PROGRAM AS STATED IN COLLIER COUNTY
ORDINANCE NO. 87-5
WHEREAS, Collier County Ordinance No. 87-5 states that the Board of County Commissioners of Collier
County, Florida, shall adopt a Resolution authorizing the expenditures of County funds to recognize County
employees for outstanding service or achievement in connection with County employment; and
WHEREAS, it is the desire of the Board of County Commissioners to recognize County employee
productivity which promotes and engenders goodwill toward County government and rewards employees for
outstanding behavior in being responsive to the needs and requests of both Collier County citizens and their internal
County customers, and provide awards for the achievement of these goals; and
WHEREAS, Collier County Ordinance No. 87-5 requires that the Board adopt and implement a
Resolution setting forth the specific purpose of expenditures, incurred pursuant to that Ordinance; and
WHEREAS, it is the desire of the Board of County Commissioners to include a Departmental Employee
Recognition Program, as provided for in Collier County Ordinance No. 87-5.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. Expenditures specified in the Collier County Code, Article IV, Section 2-101, entitled Incentives for Job-Related
Achievements. may be awarded on a departmental level for a Departmental Employee Recognition Program.
2. Awards presented within the scope of this program will be non-cash in nature, but may include
plaques, certificates, gift certificates, pins, or other suitable non-cash tokens of recognition that are
non-vendor specific.
3. The selection criteria for the Departmental Employee Recognition Program may be established and
maintained by individual Board departments.
4. The maximum allowable expenditure is not to exceed $100 per quarter per department.
5. This Resolution shall be effective upon adoption.
THIS RESOLUTION adopted this _ day of
majority vote favoring adoption.
, 2004, after motion, second and
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BOARD OF COUNTY COMMISSIONERS
COLLIER C Y, FLORIDA I
By: ~
Donn Fiala, Chairman
-
Approved as to form'
and legal sufficiency:
trJ!::};/ ~
Assistant County Attorney
Item# llo ("")
~~~;da ~"-~\-(j1
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 27, 2004
1611
FOR BOARD ACTION:
A. Minutes:
1. VanderbiIt Beach M.S. T. U. Advisory Committee - Agenda for March. I 8
and April 1, 2004; Minutes of March 4, 2004.
2. Collier Countv Citizens Corps Advisory Committee -Agenda for February
18,2004; Minutes of February 18,2004.
3. Collier Countv Library Advisory Board - Agenda for March 24, 2004;
Minutes of February 25, 2004.
4. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of March 11,
2004; December 2003 Drainage Master Plan.
5. Golden Gate Estates Land Trust Committee Meeting _ Minutes of
February 2, 2004.
6. Collier County Citizen Advisory Task Force - Agenda for February 12,
2004; Minutes of February 12,2004.
7. Collier County Pelican Bay Services - Budget Sub-Committee Meeting
Agenda for March 17, 2004; Budget Sub-Committee Minutes for February
17, and 18,2004. Regular Meeting of April 7, 2004; Minutes of March 3,
2004; Clam Bay Sub-Committee Minutes - March 3, 2004.
8. Lely Golf Estates Beautification M.S.T.U. - Agenda for March 18,2004
and April 15; Minutes of February 19,2004 and Minutes of March 18,
2004.
9. Collier County Planning Commission - Agenda for April 1, 2004; Regular
Minutes of February 19,2004; Special Meeting Minutes of February 19,
2004.
10. Productivity Committee Meeting Minutes - Minutes for February 18,
2004.
11. Coastal Advisory Committee Minutes - Minutes of February 12, 2004.
12. Environmental Advisory Council- Agenda for April 7,2004; Minutes of
March 3, 2004.
H:Data/Format
16/1
13. Parks and Recreation Advisorv Board - Agenda for March 17,2004;
Minutes of February 18,2004.
14. Historical & ArchaeololZical Preservation Board - Agenda for March 17,
2004; Minutes of February 18,2004.
15. Development Services Advisorv Sub-Committee _ Budget and Operations
Sub-Committee Agenda and Minutes of February 11, 2004 and
September 10, 2003.
16. Collier County Contractor's LicensinlZ Board - Agenda for March 17,
2004.
17. Radio Road Beautification M.S.T.U. - Agenda for March 16,2004;
Minutes of February 17,2004.
18. Immokalee Beautification M.S.T.U. Advisory Committee _ Agenda for
March 17, 2004; Minutes of February 18, 2004.
19. Lely Communitv Development Advisorv Board - Minutes of January 21,
2004, December 17, 2003, and November 19, 2003.
20. Collier County Revenue Commission - Agenda for January 28, 2004
February 11,2004; Minutes of January 28,2004; February 11,2004;
Prioritization of the Four Un-financed Priorities Sub-Committee Agenda
and Minutes for January 21,2004, and Minutes of January 28,2004.
B. Other:
H:Data/F ormat
1) "Friends of the Library Group" Annual Reports for October 1,2003 through
September 30, 2003.
2) "Friends of the Parks" Groups Annual Reports for the fOllOWing: Friends of
Barefoot Beach Preserve; Friends of Tigert ail; Friends of East Naples
Community Park; Friends of Vineyards Community Park, and Friends of
Veterans Park.
Fia\a
/ '::
= .../ /
Ha\as. ~ -=
Hennm9- V / :.
Coy\e - ,/
Co\etta -
16/1
1/ """.,111" BIUIC~ M.s.7.1t.
Ad,,'solY eOllfllfltt_
2685 IIorseshoe Drive South
Naples, FL 34104
RECEIVED
MAR 1 6 200~
March 4, 2004
Board of CountJ CommjsS1oners
Summary of Minutes & Motions
III. Approval of Minutes: February 5, 2004
Bud Martin moved and amended the February 5, 2004 minutes to reflect the
Vanderbilt Beach Corridor meeting is from 4-7:00 PM> Second by Charles
Arthur. Carried unanimously 4-0.
IV. Approval of Agenda:
Discussion of sidewalk Plans will be added under "New Business." Lew Sdunidt
moved to approve the Agenda as amended. Second by Charles Arthur. Carried
unanimously 4-0.
V. Master Plan Update - Wilson Miller
A presentation was given for the entire Vanderbilt Beach MSTU area with many
hand outs. A mailing will go out for notification of the public meeting on March
25th.
VI. Transportation Services Report:
Bud Martin moved to postpone the Budget report until the April meeting. Second
by Charles Arthur. Carried unanimously 4-0.
VII. New Business:
Sidewalks - Bob Petersen stated the County is doing a design for putting in a
sidewalk from Vanderbilt Beach Road on Gulf Shore rive to separate from the
existing roadway. He asked if the Committee would like them to take the sidewalk
more into the right-of-way. It may destroy some landscaping. There are also
some drainage issues.
Mr. Martin moved that the Committee wishes to have the sidewalk moved away
from the road with a minimal disruption of existing plantings. Second by Mr.
Schmidt. Carried unanimously 4-0.
" '....'. ~ ')..
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To:
16/1
,
1
flMII.",,, ... At.l.1.1t.
Ad"'SOIY (JOlltlltlttu
2705 Horseshoe Drive South
Naples, FL 34104
Aprill,2004
AGENDA
I. CALL MEETING TO ORDER
II. ATTENDANCE
III. APPROVAL OF MINUTES: March 25, 2004
IV. APPROVAL OF AGENDA
V. MASTER PLAN UPDATE - Wilson Miller
A. Summary of March 25th meeting - Dayna Fendrick
VI. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Bob Petersen
VII. LANDSCAPE MAINTENANCE REPORT:
A. Water at Vanderbilt Beach and Vanderbilt Drive intersection.
B. Decorative Pavers
VIII. OLD BUSINESS:
A. Proposed Turnaround/North end ofGuJfShore Dr.
B. Status ofplantings in County right-of way _ Bob Petersen
C. Status of$25,000 staff charges
VII. NEW BUSINESS:
VIII. PUBLIC COMMENTS
X. ADJOURNMENT
The nen meetin2 schedules arc:
Public Presentation - Final Master Plan _ April 29, 2004
Regular meeting - May 6, 2004
AT ST. JOHNS PARISH LIFE CENTER
625 lUm Ave.
Naples, FL
16111
1/ aIIII.tI", "..,~ M.s.,.It.
Adll/SOlY 60lltlltlttH
2705 Horseshoe Drive South
Naples, FL 34104
March 18,2004
AGENDA
I. CALL MEETING TO ORDER
II. ATTENDANCE
III. APPROVAL OF MINUTES: February 5, 2004
IV. APPROVAL OF AGENDA
v. PRELIMINARY MASTER PLAN - Wilson Miller - Dayna Fendrick
VI. OLD BUSINESS:
VII. NEW BUSINESS:
VIII. PUBLIC COMMENTS
x. ADJOURNMENT
The next meetine: schedules are:
PRELIMINARY PLAN PUBLIC WORKSHOP - MARCH 25 - 7:00 PM
REGULARL Y SCHEDULED MEETING - APRIL 1 - 2:00 PM
AT ST. JOHNS PARISH LIFE CENTER
625111TIf Ave.
Naples, FL
...
16/1
1/ ""'.,"" IJMIC~ M.s.7-".
'0;
00
AII"i.ory Oo".".itt""
2705 Horseshoe Drive South
Naples, FL 34104
March 4, 2004
Minutes
I. Meeting was called to order by Chairman Dick Lydon at 2:00 PM.
II. ATTENDANCE:
Committee Members: Dick Lydon, Lew Schmidt, Bud Martin, Charles Arthur,
Carol Wright (Excused)
Collier County: Bob Petersen-Landscape Operations, Marla Ramsey-Parks &
Recreation Director
Others: Robert Kindelan-CLM, Dayna Fendrick, Jared Beck & Nicole
Fernandez-Wilson Miller, Sue Chapin-Manpower Services
III. APPROVAL OF MINUTES: February 5, 2004
Bud Martin moved and amended the February 5, 2004 minutes to reflect the
Vanderbilt Beach Corridor meeting is from 4-7:00 PM. Second by Charles
Arthur. Carried unanimously 4-0.
IV. APPROVAL OF AGENDA:
Discussion of the Sidewalk Plans will be added under "New Business." Lew
Schmidt moved to approve the Agenda as amended. Second by Charles
Arthur. Carried unanimously 4-0.
V. MASTER PLAN UPDATE - Wilson Miller
Dayna Frederick - Wilson Miller gave an updated presentation of the entire
Vanderbilt Beach MSTU area. (Many Hand outs Attached)
. Traffic Data
. Counts on average Daily Trips - peak hours etc.
. Counts taken on different dates from January 21 to February 26th.
. Did not indicate a strong need for a right turn lane from Vanderbilt Drive
onto Vanderbilt Beach Road.
. Committee had many questions on the counts - Dayna will check with
Gavin/Wilson Miller for answers at the next meeting.
. Speed Surveys
. Were noted and discussed according to survey.
. Did not indicate a real speeding problem - average speed is 25-30 MPH
and it is posted at 25 MPH. May be due to congestion and not being able
to speed.
. Crash Data
. Pedestrian, Bicycle and Auto (Total number of accidents)
. Data was gathered from 200 I through 2003. (2 Pedestrian, 4 Bike and
79 auto accidents)
. Most occurred along Vanderbilt Drive.
I
.
16, 1
No real significant numbers - showed accidents were mainly due to
carelessness, following too closely and inattentive driving. Some DID's,
but not significant.
Conclusion was accidents were not speed related - numbers do not
indicate traffic calming is needed.
A wider sidewalk on Vanderbilt Beach Drive is a possibility.
Committee is looking for some comparative studies. Dayna responded
they do try to compare with other areas similar to their studies, the only
road that came close was Radio Road - but it had more accidents with
greater volumes oftraffic.
f....
:~~
.
.
.
· Review Constraints
· Looked at having sidewalk on East side of Vanderbilt Drive - too many
swales and ditches.
· Showed other areas discussing sidewalks and right-of-way footage.
· Bicycles and beach access discussed.
· Preliminary Alternatives
· Alternatives were given from a base level to a higher level of
development.
· Areas of discussion are for Bluebill, Vanderbilt Beach Road, Gulfshore
and Vanderbilt Road.
· Each area was given separately according to the maps shown. They
included discussion on sidewalks, burying utilities, curbing, medians,
traffic calming, round-a-bouts, lighted intersections, lighting the bridge,
bicycle paths, drainage pipes, swales, widening roadways and
landscaping options, all according to right-of-way and MSTU Ordinance.
· The CAT shelters, benches and beach parking were discussed.
· It is possible to apply for State and Federal Grants
· The intersection and turn lanes on Vanderbilt Drive were of concern
along with yield signs.
- The Committee discussed the procedures to follow for the public meeting on
March 25th.
- The mailing will go out 1 to 2 weeks before the meeting.
- The meeting on March 18th at 10:00 AM will be held as the committee needs more
data, rough costs estimates and the format used for the meeting, from Wilson Miller.
VI. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Joanne Hartman
Joanne is out of the office for a couple of months - Bob Petersen presented the
Budget from the SAP system and will go into more detail at the next meeting.
Bud Martin moved to postpone the Budget report until the April meeting.
Second by Charles Arthur. Carried unanimously 4-0.
VII. LANDSCAPE MAINTENANCE REPORT:
A. Water at Vanderbilt Beach and Vanderbilt Drive intersection - still a
problem.
B. Decorative Pavers - have been installed with many questions from residents.
2
VIII.
VII.
16/1',
OLD BUSINESS:
A. Proposed Turnaround/North end of Gulf Shore Dr. - nothing new.
B. Status of plantings in County right-of way - Bob Petersen
No chance to meet with Robert. Some replacements and cleaning of the area
needs to be done.
e. Status of BCC SO/50 funding issue - Dick Lydon
Mr. Lydon stated the funding was not granted to the MSTU by the Board of
County Commissioners but Mr. Feder and Mr. Mudd did state there was a need
to spend some money in Vanderbilt Beach.
D. Status of $25,000 staff charges - Mr. Lyndon has sent e-mails to Diane Flagg
asking for the information and has not received a reply as of yet. There is a
meeting on March 31st of all the MSTU Chairman on Horseshoe in which he
will bring up the subject.
NEW BUSINESS:
Sidewalks - Bob Petersen stated the County is doing a design for putting in a
sidewalk from Vanderbilt Beach Road on Gulf Shore Drive to separate from the
existing roadway. He asked if the Committee would like them to take the
sidewalk more into the right-of-way. It may destroy some landscaping. There are
also some drainage issues.
Mr. Lydon was not sure the MSTU wanted to get involved or take a position.
The Vanderbilt Beach & Bays and Vanderbilt Beach property owners need to
make that decision.
Mr. Schmidt suggested being consistent with the overlay plan.
Mr. Martin moved that the Committee wishes to have the sidewalk moved
away from the road with a minimal disruption of existing plantings.
Second by Mr. Schmidt. Carried unanimously 4-0.
VIII. PUBLIC COMMENTS - None
Being no further business to come before the committee, it was adjourned at 3:45 PM.
The next meetinl! schedules are:
PLAN REVIEW - MARCH 18 - 10:00 AM
PRELIMINARY PLAN PUBLIC WORKSHOP
MARCH 25 - 7:00 PM
REGULARL Y SCHEDlJLEI> MEETING
APRIL 1 - 2:00 PM
PUBLIC PRESENT A nON - HNAL MASTER PLAN
APRIL 29 - 7:00 pm
AT ST. JOHNS PARISH LIFE CENTER
625111TH Ave.
Naples, FL
3
WilstJnMiller
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Vanderbilt Beach Beautification Proiect: Crash Data Analvsis & Findinas
Pedestrian:
From 2001-2003, the data collected shows that there were a total of 2 accidents involving
pedestrians. One occurred in 2002 at the Vanderbilt Dr and 95th Ave intersection, as a child
came out of a driveway and collided with a car. The other occurred on Vanderbilt Beach Rd, at
the Ritz-Carlton driveway. Overall. two pedestrian accidents within a three-year time periOd are
not indicative of a significant finding.
Bicycle:
From 2001-2003, the data collected reveals that there were a total of 4 accidents involving
bicycles. Two of which occurred in 2002 and two in 2003. The accidents occurred in the
Vanderbilt Beach Rd and Gulfshore Dr, Vanderbilt Beach Rd and Vanderbilt Dr., Vanderbilt Dr.
and 97th Ave, Vanderbilt Dr and Germain Ave intersections. Overall, the four bicycle accidents
within a three-year time periOd are not a significant finding.
Auto:
From 2001-2003, the data shows that there were a total of 79 auto accidents. The majority of
auto accidents, 84%, occurred along Vanderbilt Dr. The intersection with the greatest number
of accidents was the Vanderbilt Dr. and Bluebill Ave. intersection, accounting for 29% of the
total number of auto accidents. Careless driving, following too closely, disregarding traffic signs,
and failing to yield the right-of-way were the contributing causes.
The auto accidents that took place further south at the Vanderbilt Dr. and Vanderbilt Beach Rd.
intersection make up 24% of the total number of auto accidents. In general, careless driving
and following too closely were the main contributing causes of these accidents.
The accidents that occurred along Vanderbilt Dr., excluding at the intersections, account for
30% of the total number of auto accidents and are mostly due to careless driving. Several of
the police reports indicated that the traffic condition at the time of the accidents was "heavy and
slow," which would contribute to the many rear end collisions that were a result of careless
driving (as stated in police reports: talking on cell phone, reading, and not paying attention in
general) and following too closely.
Within this three-year time period, only 7 auto accidents (9%) occurred at the Vanderbilt Beach
Rd. and Gulfshore Dr. intersection. And only four auto accidents (5%) happened along
Gulfshore Dr. Overall, the accidents occurring on Gulf Shore Dr. accounted for 14% of the total
number of auto accidents.
In general, the findings indicate that there is an average of 26 auto accidents occurring per year
within the MSTU study area, and the large majority of them are occurring along Vanderbilt Dr.
as a result of careless driving. Given these findings, the number of auto accidents does not
substantiate an imperative effort towards implementing measures of roadway improvement as
the crashes are more related to careless driving rather than roadway or intersection design.
Refer to table below for combined totals.
313/2004. 133811 Vo" 01 ,. NFERNAND
c.....
03036-005-001. LWRK. 27831
Year Bike Ped Auto Total
2001 0 0 27 27
2002 2 1 26 29
2003 2 1 26 29
Total 4 2 79 85
Total Number of Accidents
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Halas. -.-'.... MAR 2 5 2004
HC~yr~n9 =~__~ COLLIER COUNTY ,.r - -
Co\etta --ettIZENS CORPS ADVISORY COMMItft\: \Ollnt~ Lomudssioners
1 6~L~IVEO
Meeting of February 18, 2004
Voting Members present:
Carol Pahl, Chairperson, CER T
Deborah Horvath, American Red Cross
Robert Rohland, Salvation Army
Chief Don Peterson, Collier County Fire Chiefs Assoc.
Capt. Scott Salley, Collier County Sheriff's Office
James Elson, Collier County Veterans Council
Gerry Sugarman, RSVP
Reg Buxton, Greater Naples Chamber of Commerce
Walter Jaskiewicz, Coast Guard Auxiliary
Gail Swanson representing Tom Kuznar, Civil Air Patrol
James von Rinteln, Emergency Management
Darcy Waldron, Emergency Management
Voting Members absent:
Nelda Miller, CERV
Tom Kuznar, Civil Air Patrol
Guest Speaker: Commissioner Donna Fiala, Chairman.
Commissioner Fiala stated what a wonderful thing it is to have all the different
groups representing safety in our community all assembled in one place once a month. It
is the best way to protect our community, to all be working together and communicating.
I knew that we had a Citizens Corps, but didn't realize that you met so often. I'm
delighted to see this. It's a great idea. I thank you all for all the work you are doing for
all of us. Commissioner Fiala stressed the need of the public to have access to people
they trust for information during an emergency. The Commissioner took questions.
Walt Jaskiewicz: Last year, we developed a hurricane seminar for boaters. We had
assistance from the Citizens Corps and the County to develop a very nice brochure. This
year I have applied for a grant to develop the program further- up 15,000 brochures.
However, last year, it was kind of a rushed thing. This year we want to develop a really
nice color brochure to get the message out to the water oriented community. Is there any
assistance or funding available from the County?
Commissioner Fiala: The County just had a new PR person start last week. That might
be something that you might want to work in partnership rwith.Crlfe':;is supposed to be
quite a professional. He may be able to find some funding. I w..... ill_~er.f mx..fyesj and ears
open on this and I would be happy to speak about it at our m~!1M!~_~nd help
promote it.
D~?" ()'~i&" 3 -/1.0 t(
1ir.:mnlLP LI:') (-\z-
To:
16/1
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Gerry Sugarman: Part of our Citizens Corps job description is to be advisor to the
Commissioners. We have been meeting for over a year and have yet to be asked for our
advise. I just want to invite you to ask us at any time you feel you would like our advise.
Commissioner Fiala: That may sound funny, but it is a really good comment. How many
times we have advisory committees, I think we have 54 advisory committees, but there
are very few that we ever hear from. Most advisory committees are required to report to
the Commission every two years. If you have some things to tell us, just let me know and
I will put it on the agenda.
Approval of Minutes: Minutes ofthe January 15, 2004 approved with correction, page 1,
Robert Graves to Charles Graves.
Threat Update: Currently at Level YeHow. Airlines continue to be a terrorist target.
New Business:
John Brown, NCH: NCH will hold an in-depth disaster drill on March 2, 2004. Scenario
is a tourist bus accident and will involve both Naples Community & North Collier
Hospitals emergency room. NCH is currently in need of approximately 20 "victims" and
roll players - "media and family of victims". Anyon interested can contact him or Safety
Officer Ken Miller. Carol Pahl will check with RSVP for volunteers. Both Deborah
Horvath, Red Cross, and Gail Swanson, Civil Air Patrol, will pass the request on to some
people she knows who may be interested in participating.
Preparedness Issues:
Emergency Management conducted a "Wildfire Roundup" meeting on February 12th. All
the fire professionals met to discuss the upcoming wildfire season and to coordinate
efforts. Prevention / preparation handouts are available.
Chief Peterson: Forestry has an 8 hour workshop, Fire Wise Communities, that is very
good. If there is enough interest, a workshop could be arranged. Information can be
found at firewise.org. or contact Jim von Rinteln.
Hazardous Weather Awareness Week, February 22 - 28. The school system will be
holding a tornado drill.
Jim von Rinteln: Collier County's Local Mitigation Strategy Update
Program that identifies properties and projects that can and need to be done to mitigate
the damages from disasters. Richard Zyvoloski, Emergency Management is currently
working on this project. A part of the process is to prioritize the projects. Emergency
Management would like to have the Citizens Corps form a working group to prioritize the
approximately 50 projects for the County. Utilizing a Citizens Corps Advisory
Committee working group will meet the requirement that an entity representing the Board
of County Commissioners review & prioritize the projects without the County expending
the time and effort to create yet another advisory committee. The working group will
2
16/1
bring it's recommendations to the Citizens Corps Advisory Committee which would then
finalize the priority list.
Speakers Bureau:
Carol Pahl proposed holding a Speakers Bureau meeting next Wednesday at 3 :00 in the
Emergency Management Offices. To put together a list of points that each speaker
should cover in their talks. Carol Pahl, Debbie Horvath and Walt Jaskiewicz will attend.
We have present today Harper Simpson, Health Educator with the Health Department.
Mr. Simpson has offered to help put together material for the Speakers Bureau.
Harper Simpson: Works basically with Bioterrorism education. Can offer help with
scripting and PowerPoint presentations. Would be glad to attend next week's meeting.
Questionnaire - Seminars: Jim needs all questionnaires returned to him. Information
will be used in support of Emergency Management's seminar program and for planning
purposes.
Preparedness Seminars: Updated Hurricane Seminar schedule IS posted on the
Emergency Management Web Page: www.collierem.org.
Walter Jaskiewicz: On March 30th Marco Coast Guard Auxiliary will be holding a Boat
Preparedness Seminar. On January 21 st, held a Flare demonstration and collection event
with over 225 people participated. Coast Guard, Sheriff s Office and Civil Air Patrol all
participated. Collected over 500 flares which are considered hazardous waste and a
permit is required to collect the flares.
Darcy Waldron: The Speaker's Bureau meeting will need to be publicly advertised and
minutes taken because more than one voting member is participating. You can have a
working group that consists of one voting member and as many non-voting members as
needed without violating the Sunshine rules.
After discussion, it was decided that Carol Pahl would attend as the Voting member and
the other participants will send a representative or will meet one on one with Jim von
Rinteln for an update. The working committee will make recommendations to the voting
members for their decision.
Capt. Salley will send Emergency Management with the background check forms for the
ill cards.
Emergency Management has received $250,000 from the BCC to help relieve the
shortage of shelter supplies and equipment.
Next meeting is March 17, 2004, 3 :00 pm in the Commission board room.
3
.eANES · ~LOODING
18 · THUNDERSTORMS
RIP eUIRENTS · ~XTREME WEATHER
':dF
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. Know the disasters that could occur in your community.
. Identify a safe room in your home or that of a neighbor.
. Plan escape routes from your home and places to meet.
. Have an out-of-state emergency family contact.
. Post emergency telephone numbers by your phones.
. Have a plan for your pets.
. Stock non-perishable emergency supplies and a disaster
supply kit that should include:
- A three-day supply of food and water, a change of
clothing, a blanket or sleeping bag for each person
and a First Aid kit that includes medications.
_ Emergency tools: Battery-powered radio, flashlight and
extra batteries, work gloves and a fire extinguisher.
- Important family documents in a fire and waterproof
container, an extra set of keys, credit card and cash.
. Take First Aid, CPR and disaster preparedness classes
through your local American Red Cross chapter.
BE liD 8119 .E
. Buy a NOAA Weather Radio and test it weekly.
. Check your local weather daily on TV, Radio or Internet.
77~
II III II
0....... ......, ......." ........,
. Koow .he d,,,,,.e" .ho' ,0,ld 0""' ,0 yO", ,omm,nity
. Identily 0 ",Ie <oom 'n yo", home 0< .ho' 010 ne,ghboc
. pion e"ope <o,'e' I<om yo", home ond plooe,'o meet
. Have an out-of-state emergency family contad.
. Post emergency telephone numbers by your phones.
. Have a plan for your pets.
. S'oo' oDn_pe",hoble eme,geo<Y wpphe, ond 0 d,,",.e'
supply kit that should include:
_ A .h,ee-doy wpply ollood ond wo,"" 0 ,honge 01
clothing, a blanket or sleeping bag for each person
and a first Aid kit that includes medications.
_ Eme'geo<y '001" Bolte,y-poWe,ed <odio,I\O'hhgh' ond
ex"o bo,,",ie,, wo<' glove' ond 0 Ii,e exling,',he"
_ 'mpoc.onl 10m,Iy do "men" ,n 0 li,e and wote,p<ool
,on'o'ne" on ex"O ,e' 01 ,ey', "edit ,o,d and ,o,h,
. 10,e Ii". Aid, CPR and d',o,.e' p,epa,edoe" do"e'
through your local American Red Cross chapter.
,.. .11II11I.s
. Buy 0 NOAA Weo.he, Radio ood 'e" it weekly
. Che" yo", 10001 weo.he, doily on W, Radio", Inteme'
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02/06/2004 17:31
7748301
COMMUNICATION
PAGE
~
.
Collier Coun!l Government
, \
.,'
- --
,<\~
Communication &
Customer RelatioDs Department
3301 East Tamiami Trall
Naples, FL 34112
Contact: Sandra Arnold-Lawson
Public IDformation Coordinator
(239) 774-8308
Feb.6,Z004
FOR IMMEDIATE RELEASE
.:.
The Collier County Citizen Corps Adl1isory Committee will meet on Wednesday, Feb. 18 at"....",
3 p.m. in the Board of County Commissioners chambers, located on the third floor of the ,~,
W. Hannon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail,
Naples.
The meeting is open. to the public.
If you are a person with a disability who needs any accommodation in order to participate in ~s
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 E. Tamiami Trail,
Naples, FL 34112, (239) 774-8380; assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
If you have any questions concerning this meeting, please call Jim von Rinteln at 774-8444.
~ END-
"I:"
~.\ . ..
02/06/2004 12:31
7755008
COLLIER CO EM
PAGE 01/01
Collier Coun~ Government
6 11
-
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Contact: Sandra Arnold-Lawson
Public IntonnatioD Coordinator
(239) 774-8308
Feb. 6, 2004
FOR ~D1ATE RELEASE
-
The Collier County Citize1l Corps Advisory Committee will meet on Wed1lesday, Feb. 18 at
J p.m. in the Board of County Commissioners chaIIlbers on the third floor of the W. Hannon
Turner Building (Administration Building F), 3301 E. Tamiami Trail Naples.
The meeting is open to the public.
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 E. Tamiami Trai~
Naples, FL 34112, (239) 774-8380; assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
If you have any questions concerning this meeting, please call Jim von Rinteln at 774-8444.
-END-
16, 1
vonrintelnj
From:
Sent:
To:'
Cc:
subject:
zyvoloski_r
Friday, February 13, 2004 3:00 PM
deruntzMichael
SummersDan; TorreJohn; vonrintelnj
RE: Training Application, Changed
Mike,
Regarding training, the short answer is "yes, we'll get back to you".
There is training "I'd" lil<e those who support the Collier County Comprehensive Emergency Management Plan to take.
That said, Emergency Management and Communication & Customer Relations departments have/are undergoing a
variety of activities designed to make the Collier Information Center (formerly lithe phone bank") a more responsive
function. Presently, we're working on the infrastructure-type elements. Hopefully, when the foundation is soon laid & set,
we'll get into the "people/personnel" aspect of CIC which should account for someone to maintain the listing of "operators",
training for them, and a supervisory element for the team to rally around.
For the interim, "I" would suggest you orient yourself to the emergency public information issues by completing some
home-study courses that are available FREE, on-line. They would provide you a good foundation from which to gain
confidence in your role. From the course list (http://trainingJema.gov/EMlweb/ls/crslist.asp), the following are MY
suggestions (practically all courses are one-volume, easy to read, & can each be completed within a couple hours):
IS-271 Antici atin Hazardous Weather & Communi Risk <is271.as > (1.0 CEUs = 10 Contact Hours)
IS-292 Disaster Basics <is292.asp> (1.0 CEUs = 10 Contact Hours) * New *
IS-324 Community Hurricane Preparedness <is324.asp>(1.0 CEUs = 10 Contact Hours)
IS-2 Emerqencv Preparedness. USA <is2.asp> (1.0 CEUs = 10 Contact Hours)
IS-55 Household Hazardous Materials - A Guide for Citizens <is55.as > * New * (0.3 CEUs = 3Contact Hours)
IS-7 A Citizen's Guide to Disaster Assistance <is7.asp> (1.0 CEUs = 10 Contact Hours)
IS-230 Principles of Emerqencv Manaqement <is230.asp> (1.0 CEUs = 10 Contact Hours) - Professional
Development Series (Click for more detailS) <..fPDS/>
Again, the independent study courses are my suggestions & FREE. Call if you have questions.
Thank you.
Rick
***********************************************************************
Public Comments on LMS sought:
http://www.collierEM.org/LMS/LMS.htm
Richard A. Zyvoloski Jr, KG4WSG, CEM, FPEM
Coordinator, Collier County Emergency Management
Department Website: http://www.collierem.orq/
3301 E. Tamiami Trail, Bldg. F
Naples, FL 34112
Office: 239-774 8444
Fax: 239-775-5008/774-8354
Pager: 239-982-1931
1
16'1
,'1
:i!1
_____Original Message-----
From: deruntzMichael
Sent: Friday, February 13, 20049:43 AM
To: zyvoloskU
subject: RE: Training Application, Changed
Mr. Zyvoloski,
I volunteered to assist with the County's Emergency Management program last year for the post disaster - public
information element. I had not heard of any training that the county was sponsoring for this element. Is there a
particular program that you would want me to take to get me up to speed to assist the County in this element? Mike D.
_____Original Message-----
From: zyvoloskU
Sent: Friday, February 13, 20049:10 AM
To: subscribers
Subject: Training Application, Changed
First, I want to apologize if some of you received this info several times. I wanted to make this info available to the
widest number of potential applicants.
Effective April 2004, the application procedures for the courses offered through the following web address
(http;llwww.floridadisaster.org/trainingCalendar/index.asp)
are streamlined. You now apply to attend on-line. If you apply to attend on-line, the Florida Division of Emergency
Management will" electronically" transmit your request for the training to us. BOn-OM LINE: Time saved,
efficiency maximized. (No more printing applications and faxing)
The training you view through the above URL is FREE, unless otherwise stipulated If interested in any training
offered more than 50 miles from where you wor\<, the State will reimburse you the holel room cost (from your stay
at the APPROVED hoteL) Students, or their sponsors, In all cases are responsible for the travel and food costs
Irs available to all govemments and anyone invoived in disaster preparedness, mitigation, response, and recovery
Call our office if you have questions.
***********************************************************************
Public Comments on LMS sought:
http://www.collierEM.org/LMS/LMs.htm
Richard A. Zyvoloski Jr, KG4WSG, CEM, FPEM
Coordinator, Collier County Emergency Management
Department Website: http://www.collierem.om/
3301 E. Tamiami Trail, Bldg. F
Naples, FL 34112
Office: 239-774 8444
Fax: 239_775-5008/774-8354
Pager: 239-982-1931
2
1 6 11 "~~
Preparedness Questionnaire
1. What Emergency preparedness activities does your organization have planned for the
next six months (public education, training, seminars)?
2. What Emergency preparedness activities would you like to see happen in the next six
months, but are unable to do as part of your organizations abilities or charter?
3. What resources or assistance would be helpful to expand or accomplish your emergency
preparedness activities?
4. Would your organization be able to assist the Emergency Management Department with
its preparedness seminars as a representative ofthe Citizen Corps (schedule attached)?
Comments:
- .__.__..,.--"._,-~.--_.._"_.>.._--,.,-_..._-----
16, 1
Citizen Corps Advisory Committee
Agenda February 18, 2004
3:00
Pledge of Allegiance
-Opening Remarks
-Roll Call
Chairman
3:05
Approval of Minutes
Chairman
3:10
Remarks from Chairman BCC
Donna Fiala
3:15
Threat Update
Emergency Management
3:20
New Business
Chairman/EM
. NCH Disaster Drill
. Preparedness Issues (Wildfire Season)
(Hazardous W eather Awareness Week)
. Local Mitigation Strategy
3 :50 Old Business ChairmanJMembers
. Citizen Corps speakers bureau
. Questionnaire Seminars
. Preparedness Seminars
4:00
Next Meeting/Adjourn
(March 17th ?)
Chairman
16'1
Homeland
Security
Toda
DHS Announces FY2005 Budget In Brief
10 percent increase above 2004
Secretary Tom Ridge on Feb. :2 reported on the President's proposed Homeland Security budget
for fiscal year 2005.
The Bush Administration requested total new resources for FY 2005 of $40.2 billion. This is an
increase of 10 percent above the comparable FY 2004 resource level.
Said Ridge, "The statement of this budget is clear-protecting the homeland continues to be a
critical priority for this administration. . . The President has backed up his words with action."
Highlights of the budget request include the following:
Strengthening Border and Port Security
$411 million in new funding to maintain and enhance border security activities, including the
expansion of pre-screening cargo containers in high-risk areas and the detection of individuals
attempting to illegally enter the United States. Additional funding for the U.S. Coast Guard (8
percent increase) will upgrade port security efforts and implement the Maritime Transportation
Security Act.
Enhancing Biodefense
An additional $2.5 billion for Project BioShield will be available in FY 2005 for the development
and pre-purchase of necessary medical eonnlenneasures against weapons of mass destruction, and
improved bio-surveillance by expanding air monitoring for biological agents in high-threat cities
and high-value targets such as stadiums and transit systems.
Information Analysis and Infrastructure Protection
$864.6 million for the Information Analysis and Infrastructure Protection Directorate (lAlP), a 3
percent increase, will ensure enhanced capabilities to receive intelligence and infonnation from
an expanded set of sources, to assess the vulnerabilities of the nation's assets and critical
infrastructure, to assess consequences, and to add capabilities in remediation and protective
actions.
Improving Aviation Security
$890 million is provided for aviation security, a nearly 20 percent increase, including funds to
improve integration of explosive detection system (EDS) equipment into individual airports'
baggage processing to increase security effectiveness and promole greater efficiency. In addition,
the Federal Air Marshals will receive supplementary training and have opportunities to rotate into
land-based agent assignments, further refining their law enforcement skills. Between FY 2003
_..._....---~.__.._--
F,1~2~1
DHS Today
and FY 2005, the F AMS budget will grow from $466 million to $613 million, an increase of3 2
percent.
Support for State and Local First Responders
The budget includes a total of $3.6 billion to support first.responder grants and allotting more of
the funds to high-threat areas facing the greatest risk and vulnerability. Since March 1,2003,
DHS awarded or allotted over $8 billion to snpport state and local preparedness. Between FY
2001 and the FY 2005 budget request, over $14.5 billion in assistance will be made available for
programs now under DHS.
The 2005 Budget request provides $3.6 billion in the Office for Domestic Preparedness to
conlinue these enhancements and achieve natinnal preparedness goals.- including a doubling of
the Urban Area Security Initiative (UASI). DHS will also continue grants for law enforcement
terrorism prevention efforts, and direct grants to improve fire departments' response to terrorism
and other major incidents.
Enhancing Immigration Security and Enforcement
A requested appropriated funding increase of $186 million would fund improvements in
immigration enforcement both domestically and overseas, including a doubling of current
worksite cnforcement efforts and a $108 million increase for the detention and removal of illegal
aliens. Overall, the ICE budget increases by almost 10 percent over FY 2004.
Reducing the Immigration Backlog
The budget includes $160 million in total resources to continue progress toward a six-month
processing for all immigration applications, while maintaining security and continuing the
President's multi-year $500 million initiative to reduce the backlog of applications.
Investing in Human Resources
$133.5 million to implement a new DHS human resources system that is mission.centered, fair,
and flexible by rewarding top performers and ensuring that DHS can manage and deploy its
resources to best address homeland security threats. There will be a phased rollout of the new
system scheduled to begin later this year.
Increasing DHS Preparedness and Response Capacity
lncreases totaling $37 million are included for operations of the Homeland Security Operations
Center and to support FEMA incident management capabilities.
Building Departmental Infrastructure
Thc budget requests $121.1 million for costs associated with the ongoing establisbment of a DHS
headquarters facility ($65.\ million) and a new resource management system ($56 million).
Additional information on the Department of Homeland Security budget is available on the DIIS
website at: httTJ://www.dhs.~ov/dhs ublic/intera / ress release!. ress release 0341.xml.
Protecting America's Seaports and Securing Cargo Shipments
At a ceremony on Feb. 5 in Cbarleston, S.C., well attended by Department of Homeland Secunty
employees, President Bush highlighted his commitment to protecting Amenca's seaports and
increasing cargo security.
2
16,-.
February 6,2004
DHS Today
Secretary Ridge introduced the President and spoke about the responsibility of the Department of
Homeland Security to protect America from terrorist attack while preserving the free flow of
commerce, and he highlighted the Department's port security efforts.
Said Ridge, "Today we are more vigilant, more secure, and better prepared as a nation than ever
before. That's evident here at the Port of Charleston. You can see it in the improved technology
and added layers of security made possible by our port security grants. You can see it in the cargo
containers that are screened and risk-labeled long before they reach our shores. You can see it in
the cutters and choppers of the United States Coast Guard, which has conducted 40,000 security
patrols since 9-11. And you can see it in OUT robust partnersbips with states, cities, and the private
sector _ partnerships that are key to securing the critical infrastructure that surrounds our ports."
In his opening remarks, President Bush thanked the Secretary and DHS employees, saying, "1
appreciate my friend, Tom Ridge, for becoming the first Secretary of the Department of
Homeland Security. He's got a big job, and he's doing it well. I want to thank the employees of
the Department of Homeland Security. Thank you for your work. Thank you for your dedication.
Thank you for what you're doing to make this part ofthe world as safe and secure as you can."
The President spoke on the proposed increases in homeland security spending, the Container
Security Initiative, and the P A TRlOT Act. Concerning the Act, he urged the Congress to extend
it, and said, "Another vital tool in the bomeland security is for Congress to pass laws that enable
us to do our job. . . The P A TRlOT Act gives federal law enforcement the tools they need to seize
terrorists' assets and disrupt their cells."
President Bush closed his remarks by saying that America understands that the best way to
defend the homeland is to "stay on the offensive . . . We're looking at things differently noW in
America. We're adjusting our strategies to better protect the American people."
The President's remarks are available on the White House website at:
http://www .whitehouse. gov /news/releases/2004/02/2004020 5- 7 .html
=
HR Design News Corner: Mailbox Feedback
Since establishing the HR Design feedback mailbox this summer as a channel for your ideas and
questions, we've received valuable input and suggestions on the design and development of the
new HR system. Your feedback helps us ensure that the system meets the needs of DHS
employees.
As we continue to monitor and address your feedback, we've noticed some common themes and
thought it would be helpful to share some of them in this week's article.
Performance-based system
A great deal of interest was generated by the "Pay for Perfonnanee" article in the Dec. 26 issue of
DHS Today. Several of the messages in the feedback mailbox are similar to the sentiments
expressed by employees in the town hall meetings and focuS groupS we conducted around the
country in 2003. Many employees support the concept of a pay for performance system because it
provides incentives for strong perfonners. Other employees like the familiarity and predictability
of the current pay system.
3
F'brol.g.l1
DHS Today
Some employees feel that ilie current system does not recognize differences in perfonnance
because employees get paid ilie same regardless of how hard iliey work. They think a
performance-based system wonld reward iliose exceptional performers more cousistently and
frequently. On ilie other hand, employees arc coneemed aboul possible favoritism wiili a pay for
performance system and wonder how management can ensure the system is administered fairly.
There also is eoncem iliat budget constraints will iimit pay increases based on performance.
Interest from Stafford Act employees
A large nnmber of questions have come from Stafford Act employees, who are excepted service
employees of the Emergency Preparedness and Response organization. These questions include:
Arc Disaster Assistance Employees (DAEs) covered under the new system? Arc iliere plans for
Cadre of Response Employees (CORE)'? What about Dis",,.ter Temporary Employees (DTEs)?
Stafford Act employees are proposed to be covered by an HR system similar to ilie rest of the
Department.
If yon arc interested in additional informatioo specilie to Stafford Act employees, please refer to
the following resources:
. http://online.fema.netldhS/nl-arehives.htm (for information from ilie Transitioning
Newsletter produced by FEMA Public Affairs)
. http://cioJema.netlrm/dmlim-aIPba.html (for publications related to ilie Disaster Assistance
Employee Program)
Pay, benefits, and retirement
There are many questinns in the mailbox concerning pay cuts or changes to benefits and
retirement, such as: Will my pay be reduced? Are my henefits going to change? Will my
retirement eligibility remain the same nnder the new system? We do know the following:
. There will be !!Q reduction in current payor benefits for employees as a result of _sition to
the new system.
. The HRMS will not change the rnles regarding retirement, health or life insurance benefits, or
leave entitlements.
Timeline for DR system implementation
Employees also want to know when the neW HR system is going to affect iliem. While ilie
regulatory process restricts us from providing specific detailS at iliis time, we are expecting a
phased implementatinn beginning later this year. We're planning a phased rollout ofthe system to
allow time for detailed final design, training, and careful implementation.
Please continue to send us your feedback!
The proposed regulations for the Department's new HR System are schcduled to be puhlished in
ilie Federal Register later iliis month. Following ilie publication of ilie proposed regulations, a 30-
day public comment period will ensue and all employees, along wiili other members of the
public, will have an opportunity to submit formal comments.
Details on the process for submitting comments will appear in ilie Federal Regis/er, io DHS
Today, and on ilie DHS Internct and intranet sites. All employees are encouraged to voice their
thoughts, recommendations, and concerns during the comment period.
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DHS Today
Until that time, you can continue to send your thoughts and insights to the HR Design mailbox at
hrdesipn{al,d1lS. gov. (Please note: Input rece ived via the feedback mailbox is nol part of the
official public comment process.)
ICE Investigating Counterfeit Contraceptive Patches Sold Over the
Internet - Consumers Are Warned
Immigration and Custom Enforcement's (ICE) cyber Crimes Center is wnrking with the Feders!
Drug Administration's (FDA) Office of Criminal Investigation and the Johnson and Johnson Co.
of Raritan, N.J., in an investigation into an overseas Interuet site selling counterfeit contraceptive
patches that provide no protection against pregnancy.
The intcmet site's domain name, www,rxphannacv.ws, appears to he opersted by American Style
products of New Delhi, India. The site also sells other products that purport to be versions of
FDA-approved drugs. The FDA, in an announcement on Feb. 4, noted that it is investigating
these other products as well, and urges consumers to treat any drugs purchased from this linn as
being suspect. None of these products should be considered safe or effective. Consumers who
bave any of these products should not use them, hut instead should contact their healthcare
providers immediately.
ICE has been actively involved iu combating counterfeit and other illegal intemet drug sales aod
taking effective action against those responsible. Traflicking in counterfeit, unapproved,
adulterated, or misbranded products is a felony violation of the Federsl Food, Drug, and Cnsmetic
Act. The criminal investigation is ongoing. To date no reports of pregnancies linked to this
product have been received by the FDA and distribution of the counterfeit products appears
limited to this internet site.
Homeland Security Teams With Nevada Test Site On Radiological
and Nuclear Testing Project
Homeland Security's Science and Technology division announced this week that it is teaming
with the Department of Energy's Nevada Test Site, currently managed and operated by Becbte!
N evad.. to establish a radiological and nuclear testing and evaluation capability. Under the
agreement, Science and Technology plans to provide the Nevada Test Site with $13 million for a
period of two years to provide Homeland Security with sellings for testing radiological and
nuclear detection technologies.
"We are delighted to be working with the Nevada Test Site in this important effort," said Dr.
Charles McQueary, Under Secretary for Science and Technology. "The technologies created
through this partnership will support our efforts to protect Americans from any potenfulterrorist
activities involving radiological and nuclear devices."
The project will result in development and deployment of the nex! generation of radiological
detectors, which will be used by Homeland Security's CastomS and Border protection and the
Transportation Security Administratinn on our borders and at the airports, and by local, state, and
federal homeland security officials.
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DHS Today
On Feb. 2, Senators Harry Reid (D-NV) and John Ensign (R-NV), and U.S. Representatives Jim
Gibbons (R-NY), Shelley Berkley (D-NY) and Jon porter (R-NY) released a joint press release
applauding the award.
Advance Notice of Arrival Critical To Border Security
On the morning ofJan. 27, the cruise ship Oceana, carrying about 1,970 passengers and 900
crewmembers, arrived off Charlotte Amalie Harbor, St. Thomas, in the U.S. Virgin Islands
without submitting an Advance Notice of Arrival, 96-hours prior to arrival, as required by
regulations.
Coast Guard Marine Safety Detachment watchstanders there contacted the National Vessel
Movement Center (NVMC) and confirmed that an ANOA had not been filed. Quick work by the
watchstanders halted the tender operations transporting passengers ashore from the anchorage,
stopping them just 50 yards shy of the pier. The vessel was then directed out ofand escorted from
U.S. waters.
"This was the second incident where Oceana failed to comply with the 96-hour ANOA
regulation," said Capt. William J. Uberti, Commanding Officer, MSO San Juan. "Directing this
vessel out of U.S. waters is an indication of how seriously we take this security requirement and
demonstrates to the maritime industries its importance."
ANOA took on added significance following the Sept. 11 terrorist attacks when the period
prescribed for advauce ootice was extended from 24 hours to 96 hours prior to arrival at a U.S.
port.
According to Capt. Allen Thompson, Seventh Coast Guard District Chief of Marine Safety and
Security, "The Advance Notice of Arrival is a key piece ofthe Coast Guard's program to secure
the maritime border against terrorism and other illegal activity as it allows time to review crew
and passenger lists. If the Coast Guard doesn't receive notice, it hampers us in our job protecting
ports and other maritime interests."
While there was no evidence the passengers or crew ofthe vessel involved in this case posed a
threat, consistent application of ANOA and all applicable regulations is key in ensuring maritime
border security.
USCIS Proposes Fee Adjustment To Enhance Service
U.S. Citizenship and Immigration Services (USCIS) announced on Tuesday a proposed
adjustmeot to the fee structure for immigration henefits. The revised fees would add an average of
$55 to the current cost of immigration applications, and increase the biometrics fee by $20 for
certain applications.
"America's immigration system is under reform. This adjustment is necessary to deliver a more
compassionate, effective, and secure system," said USCIS Director Eduardo Aguirre. "Without it,
the applications backlog is certain to grow, processing times will lengthen, and service will
deteriorate. "
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DHS Today
Federal guidelines require that USCIS collect fees, rather than using tax dollars, to recover the
full costs associated with providing immigration services, and conduct a review every two years
to ensure that adequate revenue is received. The proposed adjustment will recover costs
associated with comprehensive security enhancements instituted after Sept. 11, 2001, and
enhance customer service by contributing to improved application processing times.
CBP Interdicts Tons of Marijuana, KHAT, Heroin, Cocaine -
Estimated value more than $77 million
During a busy one week period, U.S. Customs and Border Protection (CBP) officers and Border
Patrol agents seized over 25,700 pounds of marijuana, 36 pounds of heroin, 1,705 pounds of
cocaine, and over 1,670 pounds of KHAT in 11 separate incidents. The narcotics were interdicted
from the remote areas of the Californian desert to the coast of Puerto Rico.
"These large drug seizures illustrate the continued threat posed by smugglers attempting to bring
illegal drugs into our country," said CBP Commissioner Robert C. Bonner. "Due to the continued
vigilance of CBP officers at the ports of entry and Border Patrol agents between the official ports,
over $77 million worth of illegal drugs were removed before they could hit the streets of our
cities."
Jan. 23: CBP Border Patrol agents assigned to the Alamogordo, N. M., Station detected and
seized 196 pounds of marijuana while performing traffic checkpoint operations. During a more
comprehensive search of the vehicle, agents discovered a motorized hidden compartment
containing a loaded handgun and a T ASER stun gun. Agents arrested the driver, a United States
citizen from Palm Beach Gardens, Fla.
Jan. 24: CBP Border Patrol agents assigned to the Calexico, Calif., Station asked and received
permission to search an enclosed all-terrain vehicle (A TV) trailer for narcotics. Upon opening the
trailer, two individuals in a sand rail (dune buggy) attempted to abscond by backing out of the
trailer and nearly striking the agents. Agents secured the scene and discovered over 1,129 pounds
of marijuana.
CBP Customs Patrol Officers (CPO) assigned to the Sells, Ariz., Station discovered a vehicle,
concealed by tarps and mesquite branches, with the assistance of a U.S. Immigration and
Customs Enforcement (ICE) helicopter that had spotted tire tracks leading to the area. Arriving at
the scene, CPOs found a stolen 2002 Dodge pick-up truck loaded with 1,352 pounds of
marijuana.
CBP Border Patrol agents assigned to the Laredo North station in Laredo, Texas, arrested a
naturalized citizen who was driving a tractor-trailer containing 4,936 pounds of marijuana
secreted in legitimate cargo. The arrest and seizure was a direct result of a positive alert for the
presence of narcotics from a K-9 Detection Team during Traffic Checkpoint Operations.
CBP Officers at the Miami International Airport encountered an American Airlines passenger,
originating from Colombia, attempting to smuggle 36 pounds of heroin into the United States.
CBP Officers arrested the individual and seized the heroin with an approximate value of
$1,152,000.
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February 6, 2004
DHS Today
Jan. 28: CBP Border patrol agents assigned to the Falfurrias, Texas, Statioo seized 2,481 pounds
of marijuana while performing tramc check operations. A Border Patrol Canine Detectinn Team
alerted to the trailer and found the contrabaud secreted among boxes of clothing. CBP Border
Patroi remanded the driver, who had been iawfully admitted for permanent residence into the
United States, the vehicle, and the contraband into the custody of the Drug Enforcement
Administration.
Jan. 30: CBP Border Patrol agents assigned to the Casa Grande, Ariz., Station responded to
sensor activations near the village of Kohatk, Ariz. Agents discovered tire tracks of three vehides
illegally entering the United States. Agents located the vehicles abandooed and discovered 6,571
pounds of marijuana in the vehicles. The contraband was valued at $5,213,840.
CBP Officers in San Juao, puerto Rico, inspected a vessel arriving from Venezuela. CBP Officers
examined a container and found 14 duffel bags containing 1,705 pounds of cocaine valued at
$55,560,000. The vessei had port calls in Rio Haina, Dominican Republic, and Puerto Cabello,
Venezuela, before final destination to San Juan, Puerto Rico.
CBP omcers at JFK Airport in New York reported the seizure of three shipments ofKlIAT,
which arrived on an air cargo airplane. An individual with a fraudulent CustomS stamp attempted
to pick up two nf the three shipments (one with 629 pounds and one with 194 pounds). Another
individual, also with a fraudulent Customs stamp, attempted tn pick up the third shipment, which
contained 849 pounds ofthe contraband. The three seizures weighed a total of 1,672 pounds.
CBP Border Patrol agents assigned to the Casa Grande, Ariz., Station seized 82 bundles of
marijuana weighing 1,698 pounds with an estimated value of$I,358,480 in an abandoned
building near the Post Office in Topawa, Ariz.
Jan. 31: CBP Officers at the Otay Mesa Commercial Facility seized 7,339 ponnds of marij uana
concealed in a false wall of an inbound tractor-trailer. The contraband was detected after a
gamma scanner examination revealed anomalies in the front wall of the trailer. A canine alerted
to the trailer and subsequent examination resulted in the discovery of the marijuana. The
contraband was valued at $5,871,200.
FEMA Fire and Emergency Services Preparedness Guide Now
Available
FEMA has issued a comprehensive guide for all fire and emergency services, providing
suggestions for activities that may be appropriate for the five HomeLand Security Advisory
System levels. Prepared by the Emergency Management and Response-Information Sharing and
Analysis Center, part of FEMA' s U.S. Fire Administration, the guide lines are vital for promoting
critical infrastructure protection.
"The world has changed since Sept. II, 200 l. We remain a nation at risk from terrorist attacks
and will remain so for the foreseeable future," said Michael D. Brown, Under Secretary for
Emergency Preparedness and Response." At all threat conditions, the frre and emergency services
must remain vigilant, prepared, and ready to respond when called."
FEMA omcials acknowledge tbat the preparedness actions recommended are not all inclusive,
nor do they reflect all the variations in iocal conditions, agencies, and operations, but they provide
8
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February 6, 2004
DHS Today
a starting point for local fire and emergency medical senlice departments to develop or enhance
specific local plans.
The guidelines range frum a low threat oHerrorism (green) to a severe level (red), with actions
ranging from avoiding complacency at the lowest level to mobilizing and pre-positioning assets at
the highest level.
A complete copy of the guidelines is available at: http://www.usfa.fema.gov/fire-
service! cipc/ ci pc- j obaid.shtm.
CBP Agriculture lnspectors Warn of Avian Influenza
potential threat to food and human safety
Concern has been mounting over the increased number uf cases of Highly Pathogen Avian
Influenza (HPAI) in hoth birds and humans in Southeast Asia. This highly infectious and fatal
form uf the disease of ponltry and birds cannot be treated and in fected birds must be destroyed.
The reoent ontbreaks from several countries have sparked interest in the source of infection and
the risk of human transmission. As ofF eb. 4, 2004, a total of 14 human cases of HP AI bave been
confirmed and all 14 have died.
U.S. Customs and Border protection (CBP) was notilied on Feb. 3, 2004, that the Secretary of
Agricultnre intends to temporarily ban the importation of commercial shipments of birds and
unprocessed avian prodncts from conntries affected with HP AI. The U.s. Department of
Agricoltnre (USDA), in conjunction with the Center for Disease Control (CDC), has expressed
major concerns for the health of employees at United States ports, quarantine facilities, and other
facilities that receive birds and handle unprocessed products. These workers could be exposed to
HP AI if the birds are incubating the virus at the time of shipment or if the product, such as
feathers, comes from infected birds.
To date, 10 Southeast Asia countries acknowledge finding HP AI in their flocks of chickens.
These countries are China, Thailand, Vietnam, Cambodia, Laos, Indonesia, Japan, Pakistan,
South Korea, and Taiwan. However, health officials say the strain of bird flu striking Taiwao and
Pakistan is milder and is not considered a serious threat to humans.
There are at least 15 different typos of avian influenza that routioely infect birds around the
world. The current outbreak is caused by a strain known as H5NI, which is highly contagious
among birds and rapidly fatal. Uolike many other strains of avian influenza, it can be transmitted
to humans, causing severe illness and death.
Rapid elimination ofiofected birds and other animals is essential to preventing a major outbreak.
The World Health Organization recommends that infected or exposed flocks of chickens and
other birds be killed in order to help prevent further spread of the virus and reduce opportunities
for hnman infection. Influenza viruses have the ability to mutate rapidly, potentially jumping
from one animal species to another. Scientists fear the bird flu virus could evolve into a form that
is easily spread between people, resulting in an extremely contagious and lethal disease.
Bird to hird contact, manure, equipment, vehicles, egg flats, crates, and people whose clothing or
shoes have come in contact with the vims, can spread HP AI. Eggs from infected poultry can also
be contaminated and care must be taken in handing shell eggs or raW egg products. An outbreak
9
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February 6, 2004
DHS Today
of HI' Al in the uniwd States in lhe 1980s resulted in lhe killing of 17 million birds at a co,~ to the
taxpayer of $65 million.
CBp employees who might come into conract wilh live birds from Asia have been notified to take
extreme care. For public heallh issocs concerning HI' AI, lhe CDC provides ronnd-the-clock
coordination and response for public health issues at 404.639.3311.
Coast Guard Receives Majority of Maritime Security Plans, Begins
Issuing Penalties
The U.s. Coast Guard annonneed lhat 90 percent of vessels and port facilities tnrned in secnrity
plans as reqnired by the Maritime Transpnrtatinn Seenrity Act. Penalties are being issned to those
that have not submitted any of the information required.
"Secnrity in America's ports is a shared responsibiiity," said Rear Adm. Larry Hereth, Director
of Port Secnrity for the Coast Goard. "We have made tremendons progress protecting the ports,
and we need everyone to continue that progress by meeting these requirements."
Thongh most have complied, the Coast Gnard will be aggressively parsning lhose who did not
comply, and has begun issuing notices of violation with a $10,000 penalty.
Designed to protect the nation's ports and waterways from a terrorist attack, Ole Act reqnires the
development and implementation of secOOty plans for vessels and faci1ities that have a higher
risk of involvement in a transportation secOOty incident. The Act also mandates lhat all affected
vessels and facilities be in compliance by Jnly I, and timely secnrity plan snbmission is a key
milestone in reaching that goal.
Under the Act, large cargo and passenger vessels, port facilities, onter continental shelf facilities,
and olhers in the maritime indns1ry were reqnired to submit a vnlnerability assessment report and
a secnrity plan. Additional civil penalties for failing to submit the secnrity plan may bc issued at
a later date, and non-compliant operators may have lheir operation shut down after July 1, if an
approved security plan is not in place.
The Coast Guard has established a Help Desk to assist industry with understanding the
regulations. The Help Desk can be reached \Tom 8 a.m. to 8 p.m. EST Monday through Friday at
(202) 366-999 I, tol\- free at (877) 687-2243 or, or bye-mail atuseere.s@comdt.useg.mil. The
full text of lhe roles and olher information can be fonnd on lhe Coast Guard's Help Desk website
at: http://WWW.uscg.mil/hq/g-m/mn/mtsa.shtml.
Hutchinson Fields Questions On "Ask the White House"
On Thursday, Feb. 5, Under Secretary Asa Hutclrinson participated in" Ask lhe White House," an
online interactive forum where he answered submitted questions on a range of issues from
immigration policy, US-VISIT, and port secnrity to, "What is lhe strangest make-shift vehicle
you have seen intercepted by Coast Guard?"
A transcript ofthe Under Secretary's live chat is available on:
http://WWW .whitehouse. gov/ask/20040205 .html
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DHS Today
Febru~ 11
, ...
Pressing Releases
U.S. CUSTOMS AND BOIUlER PROTECTION AND STEWARD & ASSOCIATES
CELEBRATE BLACK HISTORY MONTH IN INDIANAPOLIS
INDIANAPOLIS, Ind., Feb. 5 _ U.S. Customs and Bnrder Protection and Steward & Associates.
a community based forum, will celebrate Black History Month and its theme, Brown vs. Board of
Education (50th Anniversary) on Feb. 5,2004. The event will feature Essence Magazine Editor
Susan L. Taylor as keynnte speaker and is being held at Indianapolis's pike High Scbonl . . .
Additional featured guest speakers include Douglas M. Browning, Deputy Commissioner, U.s.
Customs and Border Protection (CBP); Linda Lynn Batts, Special Assistant to the Commissioner
(EEO); and Nathaniel Jones, Superintendent of Sebools, Metropolitan School District of pike
Township, Indiana. Susan L. Taylor is the editorial director of Essence magazine . . . This event
will be recorded and televised on Customs and Border protection's network later this month.
STATEMENT BY DAVID M. STONE, ACTING ADMINISTRATOR OF THE
TRANSPORTATION SECURITY ADMJNISTRA TION, ON THE OFFICE OF
INSPECTOR GENERAL, DEPARTMENT OF HOMELAND SECURITY REPORT ON
SCREENER BACKGROUND CHECKS-FEB. 5,2004
"Today's report from the Office of Inspector General confirms past deficiencies in TSA's screener
vetting process and more importantly, validates the steps this agency has taken to correct them. In
hearings before Congress that began last June, TSA identified a weakness in the pre-employment
backgronnd checks that involved less than 2 percent of our employees. Congress gave directions
to remedy the ptoblcms and set deadlines for TSA to meet. Since snceessfully meeting those
deadlines TSA has strengthened the hiring procedures that ensnre onr airport screeners are second
to none. TSA oontinucs to be the lead agency responsible for defending the number one target of
terrorists--commercial aviation. We are determined to field a screener work force fully capable of
defeating that threat each day."
Upcoming Events
Feb. 9 _ Secretary Tnm Ridge testifies to the Senate Governmental Affairs committee on the
DHS FY'OS budget.
Under Secretary for Information Analysis and Infrastructnre Protection Genec.1 Frank Libutti
addresses the Major City Chiefs of pnlice Winter Meeting in Dallas, TeXas.
Assistant Secretary for U.s. Immigration and Customs Enforcement Michael Garcia travels to
Bern, switzerland, to officially open an ICE attaChe office at the U.S. Embassy and to host a
repatriation ceremony for an historic Swiss firearm recovered by the United States.
Feb. 10 _ Secretary Ridge testifies to the Senate Appropriations Committee on the DHS FY'05
budget.
Assistant Secretary Garcia attends Interpol's Exeentive Committee as Vice President of the
Americas for Interpol in Lyon, France.
Chief Privacy Officer Nuala O'Connor-KellY testifies to the House Judiciary Committee
subcommittee on Commercial and Administrative Law for an oversight on DHS privacy issues.
11
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DHS Today
Special Assistant to the Secretary for Private Sector Liaison Alfonso Martinez-Fonts delivers
remarks to the Business Executives for National Security in Washington, D.C.
Assistant Secretary for Border and Transportation Security Policy and Planning Stewart Verdery
addresses the American Trucking Association's Winter Leadership meeting in Washington, D.C.
Feb. 11 __ Secretary Ridge delivers remarks at the Harvard School of Business in Boston, Mass.;
Reporter roundtable to follow.
Under Secretary for Border and Transportation Security Asa Hutchinson speaks to the American
Association of Community Colleges in Washington, D.C.
Under Secretary for Emergency Preparedness and Response Michael Brown attends the National
Emergency Management Association reception and Congressional awards ceremony in
Washington, D.C.
Under Secretary for Science and Technology Dr. Charles McQueary testifies before the House
Science Committee on the President's budget and the science community's priorities in the
upcommg year.
Commandant of the Coast Guard Admiral Tom Collins delivers remarks to the American Boat
and Yacht Council in Miami, Fla.
U.S. Customs and Border Protection Commissioner Robert Bonner, Assistant Secretary for
Infrastructure Protection Robert Liscouski, and Special Assistant to the Secretary for Private
Sector Liaison Al Martinez-Fonts speak to the Center for Strategic and International Studies
Transnational Threats Audit in Washington, D.C.
Special Assistant to the Secretary Al Martinez-Fonts delivers remarks to the Arlington Chamber
of Commerce e-Council in Arlington, Va.
Feb. 12 __ Secretary Ridge testifies to the House Select Committee on Homeland Security on the
DHS FY'05 budget.
Under Secretary Hutchinson and Director of U.S. Citizenship and Immigration Services Eduardo
Aguirre testify to the Senate Judiciary Committee on immigration reform.
Director Aguirre hosts a naturalization ceremony for 250 new citizens in Miami, Fla.
Deputy Administrator of the Transportation Security Administration Steven McHale testifies to
the House Committee on Transportation and Infrastructure.
Director of the Homeland Security Advanced Research Projects Agency Dr. David Bolka delivers
remarks at Purdue University.
Feb. 13 _ Under Secretary Hutchinson participates in an interview with PBS Jim Lehrer's
Newshour.
Under Secretary Libutti addresses the National Emergency Management Association Conference
on "Assessing and Protecting the Nation's Critical Infrastructure," in Washington, D.C.
12
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DHS Today
THREAT LEVEL:
DHS Today is a weekly employee e_newsletter produced by the Department of Homeland
Security, Office of Public Affairs.
13
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Call to order
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COLLIER COUNTY LIBRARY ADVISORY BOARD
Wednesday, March 24,2004
Headquarters Library
AGENDA
1 b 11
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Approval of Minutes
Literacy Program Report
Report of Officers
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Communications
a - written
b - Personal
._ :-.O\\(\ty Comm\SS ioners
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Unfinished Business
1. Employee of the Month - March
2. State Aid to Libraries
3. Golden Gate construction grant
4. Library policies Review
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
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Date: iJl~l/ oLj
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Naples, Florida, February 25,2004
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in
regnlar session at 2:00 p.m. in the Main Library with the following members present:
CHAIR: Doris J. Lewis
Loretta Murray
Andrew Reiss
Diane Williams
ABSENT: Sabina Musci
ALSO PRESENT: John W. Jones, Library Director
Roberta Reiss, Literacy Coordinator
Luz Pietri, Administrative Assistant
APPROV AL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of January 28, 2004. On
page two, third sentence under 'Director's Report' it should be added Mr. Jones is
concerned about having anybody other than a child's parents or legal guardians be
aHowed to sign for children's library cards. Mrs. Williams moved, seconded by Mr.
Reiss and carried unanimously, that the minutes be approved as submitted.
Mrs. Reiss, Literacy Coordinator, reported that over 60 new tutors have been trained in
the last few months. She reported having lost some Mars due to health reasons. She also
reported that she has been invited to attend the Governor's Family Literacy Program on
February 27, 2004 here in Naples.
REPORT OF OFFICERS - None
COMMUNICATIONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employee
of the Month. Mrs. Williams moved, seconded by Mr. Reiss and carried unanimously, to
select Nancy Epp from the East Naples Branch as Employee ofthe Month for February
2004.
NEW BUSINESS
Mr. Jones stated that the Golden Gate Branch expansion project is right on schednle. The
site study has been done. A committee, which included the media specialists from the
16'1
.,
surrounding schools, was formed for their input in the design of the young adult area,
which will cover a major portion ofthe new expansion.
Mr. Jones also stated that he will be setting up an informal public meeting at the Golden
Gate Community Center in the near future to discuss the expansion of the Golden Gate
Branch Library and to solicit public input from the community on possible programs,
services, and facilities to be incorporated into the design plan for the Library.
In reference to the South Regional Library, Mr. Jones has been asked by the Library
Advisory Board to begin a property search for a suitable location to build the planned
South Regional Library in the southern section of Collier County. The LAB's directive
states that the site is to be located in the Collier BoulevardfUS 41 corridor, and that
parcels to be considered shonld be 5+ acres and easily accessible to library users. In
1996, as part of the County's long-range plan, the Collier County Board of
Commissioners approved the development of two large regional libraries over a lO-year
period, one in the northern part ofthe County and oue iu the southern section. At that
time, growth was heaviest in the north, and the decision was made to construct the first of
these two libraries in North Naples.
GENERAL CONSIDERATIONS
Mrs. Murray asked Mr. Jones about the recent Naples Daily News 'Letter to the Editor'
sent by Donald Heflin objecting to the library's decision to release Jay Wolff from bis
paid duties as presenter. Mr. Jones responded that the Library has now hired an Audio
Visual Librarian whose job, among other responsibilities, is to present the foreign films.
DIRECTOR'S REPORT - (See New Business)
REPORT OF THE FRIENDS - None
ADJOURNMENT
There being no further business to come before the Library Advisory Board, the meeting
was adjourned at 2:45 p.m.
FOREST
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2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
SUMMARY OF MINUTES AND MOTIONS
MARCH 11_ 2004
DL Approval of Minutes: February 12, 2004
It was moved and seconded to approve the minutes as amended. Carried
unanimously 4-0.
IV. Approval of Agenda
It was moved and seconded to approve the Agenda as presented. Carried
unanimously 4-0.
VL Old Business
Report given by Wilson Miller as presented and attached.
vm. Public Comments:
Sidewalks were discussed and will be looked into with Pathways.
\I' . ~
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To:
1
~-,---,---,--_.__......
1611
F()REST
LAKES
ROAD\VA Y AND DRAINAGE \\l.S.T.\ .
ADVISORY COMM1TfEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
SUMMARY OF MINUTES AND MOTIONS
MARCH 11_ 1004
Ill. Approval of Minutes: February 11, 1004
It wos moved and seconded to approve the minnleS os amended. Carried
unanimously 4-0.
IV. Approval of Agenda
It was moved and _oaded to approve the Agenda os p.......ted. Carried
unanimously 4-0.
VL Old Business
Report given by Wilson Miller as presented and attached.
vm. Public Comments:
Sidewalks were discussed and will be looked into with Pathways.
1
---"-"-".~---"""'-~-"'-_.- -^,,',.
1611
FISCAL YEAR 2003 - 2004
ContractorNendor: WilsonMiller
Fund Number: 155_112593-763100-68063
Improvements General
po: #4500013180
W.O. WMI-FT-03-05
Budget Amount: $45,000.00
Invoice Description of Expense Adjustments Invoice Balance
Date Amt on PO
22-Jul-03 Original Budgeted Amount $45,000.00
9-0ct-03 Iny. 0070767; $17,500.00 $27,500.00
19-Noy-03 Iny. 0071527; Phase IV Drainage Analysis $15,000.00 $12,500.00
4-Dec-03 Iny. 0072207, Phase IV DrainaQe Aanlvsis $10,000.00 $2,500.00
7 -Jan-04 Iny. 0073303, Phase IV Drainage Aanlysis $2,500.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Totals $0.00 $45,000.00
"&,.,,
.~......
16'1
FISCAL YEAR 2003 - 2004
contractorNendor: WilsonMiller
Fund Number: 155_112593-763100-68063
Improvements General
Roadway Paving Master Plan
Phase 5
po: #4500013180
W.O. WMI-FT-03-05
Budget Amount: $99,500.00
Invoice Description of Expense Adjustments Invoice Balance
Date Amt on PO
28-Jan-04 Oriainal Budaeted Amount $18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
$18,500.00
Totals $0.00 $0.00
1..6, 1
..........1
FISCAL YEAR 2003 - 2004
ContractorNendor: WilsonMiller
Fund Number: 155_112593-763100-68063
Improvements General
Drainage Improvements
Phase 6
po: #4500013180
W.O. WMI-FT-03-05
Budget Amount: $99,500.00
Invoice Description of Expense Adjustments Invoice Balance
Date Amt on PO
28-Jan-04 Original Budgeted Amount $45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
$45,000.00
Totals $0.00 $0.00
16"'1
FISCAL YEAR 2003 - 2004
ContractorN endor: WilsonMiIler
Fund Number: 155_112593-763100-68063
Improvements General
EASEMENTS-PHASE7
po: #4500013180
W.O. WMI-FT-03-05
Budget Amount: $99,500.00
Invoice Description of Expense Adjustments Invoice Balance
Date Amt on PO
28-Jan-04 Original Budgeted Amount $6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
Totals $0.00 $0.00
----~...
1_611
FISCAL YEAR 2003 - 2004
ContractorNendor: Wilson Miller
Fund Number: 155_112593-763100-68063
Improvements General
On Call Services
Phase 8
PO: #4500013180
W.O. WMI-FT-03-05
Budget Amount: $99,500.00
Invoice Description of Expense Adjustments Invoice Balance
Date Amt onPO
28-Jan-04 Original Budaeted Amount $30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
Totals $0.00 $0.00
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ilsOnMiller@
,..
. ctions In Planning, Design & Engineering
Forest Lakes MSTU
Drainage Master Plan
Prepared For:
Citizens Advisory Committee
of the Forest Lakes MSTU
Naples, Florida
Prepared By:
Wilson Miller, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105-8507
December 2003
16' 1
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RECEIVED
MAR f 1 2004
Board of County CommiSSiOners
Offices strategically located to serve our clients 800.649.4336 wilsonmiller.com
16, ]
Table of Contents
Section Title
1 Introduction
2 Background
3 Permits Approvals
4 Field Reconnaissance
5 Methodology
6 Conclusions
7 Recommend Improvements
J 6./1
1. Introduction
The Citizen's Advisory Committee of the Forest Lakes MSTU retained the services of
WilsonMiller to investigate, analyze and recommend improvements to the drainage system
within the Forest Lakes development in Collier County. Findings resulting from this work are
incorporated into this master plan.
The community has historically experienced flooding during severe rainfall events. In
addition, there has been discussion over the years to improve drainage around the roadways
within Forest Lakes so the roadway pavement would not become damaged.
The following work was required to perform this master plan:
· Record drawings and permits were researched and reviewed
· Detailed digital aerial photography topography was obtained
· Land survey was obtained of existing drainage facilities
· Existing drainage was analyzed
· Drainage improvements were recommended
1611
I
2. Background
Forest Lakes was conceived prior to the establishment of the South Florida Water
Management District (SFWMD) and therefore was not reviewed or approved by them. Initial
regulatory responsibility was assigned to Collier County.
The initial design established by the engineering firm of Black, Crow and Eidsness, Inc.
(now CH2M-Hill) consisted of drainage swales along the perimeter of a golf course and a series
of lakes. The original design showed four drainage outfalls from the site. Drainage flow was
(and still is) from north to south. Unfortunately, the slope of the ground is very flat resulting in
limited ability to convey stormwater. Exhibit A is a copy of the initial drainage plan.
As Forest Lakes developed, all drainage was routed to the golf course swales as the
primary means of conveyance. The initial drainage plan (Exhibit 2) was slightly modified by J.
H. Greenhill and Associates Engineers, Inc., the engineering firm that designed the single home
area and Forest Lakes Villas. Single family homes adjacent to the canals drain into the canals
via swales between cul-de-sacs (Exhibit B). Single-family homes along the golf course drain
toward the golf course swales.
Multi-Family (MF) tracts were developed in multiple phases over a period of about 20
years. Most sites drain toward the golf course swales. The Multi-Family area north of Forest
Lakes Boulevard (east/west portion) drains south into the Forest Lakes Boulevard right-of-way.
Woodshire Villas, Emerald Lakes and The Fairways at Emerald Lakes located in the eastern
portion of Forest Lakes were designed to drain into the eastern drainage ditch via a series of
concrete culvert pipes.
1611'
3. Permits
Research of the files at the SFWMD in Fort Myers reveals that only three permits have
been issued by them within Forest Lakes. Although the complete development of Forest Lakes
was not permitted by SFWMD, the golf Course was issued permits to withdraw groundwater for
irrigation and they were permitted to drain runoff through twin culverts located at the southern
(southwest) portion of the golf course.
The only development permitted by SFWMD is Mira Vista which discharges into a golf
course swale at Hole #3. In the early 1990's a stormwater pump station having a capacity of
about 250 gpm (2 CFS) was also permitted by SFWMD. When the water in Lake 8 on Hole #9
exceeds elevation 6.0, it pumps water through an 8-inch pipe (abandoned force main) to a
swale that drains into the North - South Gordon River canal located west of Forest Lakes.
Other Forest Lakes developments had drainage approvals through Collier County
Development Services, or its predecessors
1611 '"
4. Field Reconnaissance
In addition to researching for record drawings, Wilson Miller field crews obtained
information regarding existing pipes and drainage structures within the Forest Lakes
development. Exhibit C shows the location of all known drainage structures surveyed by
WilsonMiller.
In addition to conducting land surveys of the drainage system, Wilson Miller performed
on-site inspections of the drainage system. The following areas were identified as problem
areas:
Woodshire Lane ditch: vegetation located within Naples Bath and Tennis east of the
Woodshire ditch have blocked the ditch by dropping leave, limbs and root growth within the
ditch. This has caused the elevation of the ditch bottom to rise, resulting in reduced drainage off
the development and higher lake levels.
Excessive silt buildup: Several of the golf course swales and culverts have significant
accumulations of silt (dirt). They should we desilted (cleaned) in order to maintain their original
capacity.
Southeast Control Structure: This structure has wooden planks in it to maintain high
water levels in the lakes. This works against the drainage system by decreasing available
storage in the lakes and limits the amount of water discharged off site.
16111
5. Methodology
Wilson Miller hired a photogrametry company to conduct a digital aerial survey of the
various communities and single-family homes within Forest Lakes. The photogrametry
company obtained aerial photographs and acquired elevation information throughout the
development. This information was imported into AutoCAD for use during this analysis.
Knowing the elevation at any point in the development allowed the direction of water flow to be
analyzed. Cross sections of the swales were made using this program with the elevation. With
this information, the capacity of all the swales could be calculated and analyzed.
To supplement the aerial survey, WilsonMiller land survey crews also went through the
entire development and shot the inverts of the storm culvert pipes. They also determined the
size and material of the pipes. With this information, WilsonMiller determined the capacity of
existing pipes and determined whether they needed to be increased in size. Exhibit C is a copy
of the aerial photography obtained for this project.
Drainage Analysis
The rainfall intensities of 2, 5, 10, 25 and 1 OO-year storm events were determined by
using the Rainfall Intensity-Duration-Frequency Curves in Volume 2 of the FOOT Drainage
Manual. By assuming the duration of the storm to be 60 minutes, the rainfall intensity was then
determined from the curves. Separate drainage basins were established throughout the
development by using the aerial survey as well as the original drainage plans. The areas of
these basins were measured and classified into impervious and pervious areas. With this
information, the storm water runoff could be calculated for each storm event. It was also
determined where each sub-basin flowed. There are 13 lakes and 18 swales throughout the
development for the water to flow into. After estimating how much water flowed into each
swale, the needed capacity of the swales was determined.
By taking a typical cross section of each existing swale, measuring the height and width,
approximating the slope and calculating the volume of water that can pass through the swale,
the actual capacity of each swale was determined. Comparing the existing capacity with the
needed capacity proved that the majority of the swales were not meeting the required
conveyance capacity. Each swale was then modeled and a proposed typical section was
created for each of the 18 swales. Swale 18 has pipe spaced intermittently throughout, so the
slope of the swale could not be altered. Therefore, the swale will keep its existing slope and will
be graded by undercutting 6" at each pipe outlet. Other swales will be V shaped and have 4: 1
side slopes while maintaining an uninterrupted downward slope.
Table 1 illustrates the results of the analysis.
1611 1
6. Conclusions
Two primary issues have come to light through the study of Forest Lakes drainage. The
existing system needs to be maintained. Existing drainage swales have lost their constant
grade. This is probably due to the accumulation of grass clippings and debris. Existing storm
pipes have accumulated silt and need to be cleaned in order to retain their hydraulic (flow)
capacity. In addition, many of the swales need to be improved so that they can convey greater
quantities of water than originally conceived.
Secondly, the MSTU and the golf course need to resolve their battle over the water
levels maintained in the golf course lakes. From a drainage perspective, lake water levels
should be maintained as low as possible so that water storage volume is available for rainfall
events. The golf course desires high lake levels in order to have water available for irrigation
and to maintain lake aesthetics'. A potential resolution of this issue is to maintain low lake
levels (elevation 5.0) during the wet rainy season (June through October) and raise levels
during the dry season (November through May).
Additional comments regarding this project are as follows:
Forest Lakes lies in a low area and will always be subjected to potential flooding
due to water levels, in the Gordon River tributary canals (north - south and east
-west Forest Lake perimeter canals). The ability for water to flow into these
canals is controlled by the water levels in these canals. The amount of water
discharged out of Forest Lakes is limited by canal water levels. If these levels
rise above the lake outfalls, flooding is inevitable because water will not be able
to flow out of Forest Lakes. This potential, however, should not dissuade the
Forest Lakes MSTU from improving internal drainage.
There are several areas throughout Forest Lakes where no drainage facilities
exist. A concerted effort needs to be made to install drainage in these areas.
It 11
'1
7. Recommended Improvements
A list of priority improvements has been developed that focused on alleviating the most
prevalent flooding problems (see Table 6). Swale 18 is the ditch on the east side of the
development that is one of the final outfalls for the site (responsible for conveying approximately
half the flow off site.). Vegetation from Naples Bath and Tennis Club has grown over the
property line and deposited debris into this swale causing it to raise in elevation almost one and
a half feet higher than originally intended causing the three lakes that drain to the swale to not
be able to discharge fast enough causing a back up of water onto Forest Lakes Blvd and the
entrance to Quail Run Golf Course.
A new weir gate it proposed at the location of the existing southeast control structure near Lake
12 on Hole 15 to alleviate the need to remove planks to control the water elevation. The new
weir gate will have a manual crank that would raise and lower the outfall elevation.
The swales on the property have high and low spots. By breaking up the site into drainage
basins, the amount of flow entering each swale was determined. Using these calculated flows,
a capacity for each swale was calculated and a new cross section for each swale was
developed. The cost of regrading each swale is listed in Table 2 of this report.
A list of priority improvements was developed that focused on alleviating the most prevalent
flooding problems. These improvements are listed in Table 6. By regrading three of the largest
swales on site, the water will move off site more quickly. It will also allow the lakes to drain
more quickly allowing for water from the street within the lake storage space. A new weir gate is
also proposed. By installing a manual crank weir, the need to remove planks from the lake in
order to raise or lower the lake levels is alleviated. Lake 4 is a primary discharge point on the
south side of the development. Over time sedimentation has occurred at the outfall point,
slowing the flow of the water off site. By removing the rocks and debris from this lake, the flow
of water will no longer be impeded, allowing for a faster discharge rate off site. The storm drain
and swale by the Forest Lakes Club House has also been chosen for improvement. The catch
basin will be piped to the golf course swale. A catch basin will be installed in the swale and the
storm pipe will continue on to the golf course lake. The last priority improvement consists of
regrading the swale in front of two single family locations, adding a catch basin, and piping the
water to the canal on the west side of the development allowing water from the entrance to
Quail Run Golf Course a faster route off site.
An alternative to regrading the swales is to convert all the swales to storm pipe. Table 3 shows
the size, length and cost of pipe. This alternative would decrease the amount of maintenance
required to keep the system running as designed. It would also increase the golf course
fairways and eliminate standing water on the golf course.
A typical development designed today would use approximately 20% of its land for water
storage. The Quail Run Golf Course communities have approximately 4% of its land use for
water storage. By increasing the lake sizes on the property, this deficiency can be improved.
Table 4 shows the cost and increased storage volume of enlarging the on site lakes.
Additional improvements have also been proposed that will not take place in the Phase 1
improvements. The additional improvements would be constructed in subsequent phases.
These improvements are listed in Table 6 of this report.
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1611
'.....
Table 2
Swale Regrading
Opinion of
Description Golf Hole Length Probable Cost
Regrade Swale 1 1 1,200 $24,960
Reqrade Swale 2a 1 & 2 1,901 $44,864
Reqrade Swale 2b 3 1,068 $21,787
Reqrade Swale 3 2 320 $7,296
Regrade Swale 4 3 600 $15,120
Regrade Swale 5 5 850 $20,400
Regrade Swale 6 4&5 1,285 $27,242
Reqrade Swale 7 6&7 1,060 $23,744
Reqrade Swale 8 6 1,100 $29,920
Reqrade Swale 9 7&8 620 $15,872
Reqrade Swale 10a 7&8 1,311 $29,891
Regrade Swale 10b 8&9 537 $9,451
Regrade Swale 11 8&9 1,000 $22,800
Regrade Swale 12 10, 11 & 12 2,450 $50,960
Regrade Swale 13 13 520 $9,360
Regrade Swale 14a 13&14 1,216 $26,266
Regrade Swale 14b 14 & 15 1,584 $30,413
Regrade Swale 15 14 & 15 1,280 $29,696
Regrade Swale 16a 16 1,431 $33,772
Regrade Swale 16b 17&18 833 $16,327
Regrade Swale 17 17 & 18 1,300 $28,600
Regrade Swale 18a Woodshire 1,414 $41 ,854
Regrade Swale 18b Woodshire 1,172 $34,691
Regrade Swale 18c Woodshire 1,150 $34,040
$629,325
1611
Table 3
Swale Replacement With Pipe
Swale No. Pipe Size Length Cost
1 30" 1200 $96,000
2a 42" 1901 $210,105
2b 24" 1068 $75,420
3 42" 320 $36,600
4 60" 600 $126,000
5 42" 850 $93,750
6 30" 1285 $103,875
7 36" 1060 $101,400
8 60" 1100 $231,500
9 54" 620 $122,300
10a 36" 1311 $125,490
10b 18" 537 $32,535
11 36" 1000 $96,000
12 30" 2450 $197,250
13 18" 520 $31,600
14a 30" 1216 $98,700
14b 18" 1584 $96,120
15 42" 1280 $141 ,900
16a 42" 1431 $157,755
16b 18" 833 $50,315
17 36" 1300 $124,500
18a 42" 1414 $155,970
18b 60" 1172 $246,260
18c 84" 1150 $299,250
$3,050,595
Table 4
Enlarge Lakes
Enlarged Original Volume
Volume Volume Difference Cost to
Description (cy) (cy) (cy) Enlarge
Enlarge Lake 1 & Lake 2 16,204 6,926 9,278 $ 278,339
Enlarqe Lake 3 6,437 1,328 5,109 $ 153,272
Enlarqe Lake 4 14,711 7,055 7,657 $ 229,706
Enlarge Lake 8 11,471 5,926 5,546 $ 166,378
Enlarge Lake 10 25,617 13,246 12,371 $ 371,122
Enlarge Lake 11 14,340 8,577 5,763 $ 172,883
Enlarqe Lake 12 14,666 7,604 7,062 $ 211,850
Enlarge Lake 13 8,640 2,385 6,255 $ 187,639
Total
112,086 53,046
59,040 $1,771,189
1611 J
16 r 1
Table 5
Additional Improvements
Description Unit Unit Cost Quantity Cost
Sinqle Family Side Yard Culverts EA $26,185 21 $549,885
Sinqle Family Roadway Cross Drains EA $6,500 18 $117,000
Lake/Swale Interconnects LS $87,842 1 $87,842
Valley Gutter along Woodshire Lane LS $120,000 1 $120,000
Lake Enlargements LS $1,771,189 1 $1,771,189
Water Storage Tank EA $400,000 1 $400,000
Desilt Twin Culverts at Hole 5 LF $48 360 $17,280
Littoral Zone Plantings (Lake Vegetation) LF $10 12785 $127,850
Add Catch Basins Along Forest Lakes Blvd EA $3,000 8 $24,000
New Outfall @ Fairways at Emerald Greens/Single Family Homes LS $107,625 1 $107,625
Forest Lakes Villas Swale Installation
Repave and Add Storm Drains - Quail Forest Drive @ Clubhouse
Swale 18 Vegetation Maintenance
Clubhouse Parking Lot Underground Water Storage
1611 I
Table 6
Phase 1 - Work Plan
Description Unit Unit Cost Quantity Cost
Clean out Swale 18b & 18c LF $30 2322 $68,731
Weir Gate LS $12,000 1 $12,000
Remove Rocks and Debris from Lake 4 LS $20,000 1 $20,000
Swale 2 Reqrade LF $23 2969 $66,803
Swale 16 Reqrade LF $28 1764 $50,098
Connect F-3 to Lake 2 LS $20,450 1 $20,450
Single Family Culverts and Cross Drains LS $32,685 2 $65,370
$303,451
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1611
RECEIVED
Memorandum MAR 23 2004
Boaro of County Comlli SS lOnerS
To: Sue Filson, Administrative Assistant
Board of County Commissioners
From:\_ ^ h~~ Mott, Supervisor
~'\'t:ltear t:state Services
Date: March 23, 2004
Subject: Golden Gate Estates Land Trust Committee Meeting
Minutes
Sue, please find attached a copy of the "approved" minutes from the
February 2, 2004 Golden Gate Estates Land Trust Committee Meeting.
Thank you.
Attachment as stated
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Real Property Management Department
GOLDEN GATE EST A TES LAND TRUST COMMITTEE
MONDA Y, FEBRUARY 2, 2004
FIRE STATION #71 - GOLDEN GA TE BOULEVARD
q~_\
Charles ("Skip") VanGelder
Linda Hartman
Stephen Greenberg
Karen Acquard
Jeff Curl
-Chairman
-Member (Absent)
- Vice-Chairman
- Member
-Member
Toni Mott
Linda Sujevich
-Supervisor, Real Estate Services
-Administrative Secretary, Real Estate Services
DISTRIBUTION: No GAC Financial Revenue/Expense Report
Map of Reserved Park Site on Immokalee Road (comer)
I. CALL TO ORDER
Skip VanGelder, Chairman, called the meeting to order at 7:00 P.M.
II. APPROVAL OF MINUTES - November 24, 2003.
There were no questions or objections to the minutes. Karen made a motion to approve the minutes.
Steve seconded the motion. All in favor.
III. APPROVAL OF TREASURER'S REPORT
Toni stated we did not a have a treasurer's report. Linda (secretary) contacted the Finance Department
a couple of times but the system could not display correctly the latest totals that we need. Toni said
she hopes to send it to the members with this meeting's minutes or shortly thereafter. Toni apologized
for the delay. Toni added that we are unable to access the information ourselves.
IV. Request for Funds from School Board - Sabal Palm Elementary (follow-up)
Sabal Palm Elementary School's approved playground equipment check of $102,917.65 was hand
delivered on January 15, to the school board by Toni. Art Dobberstein said the lights have been
installed but the fields have not been completed by Parks & Recreation, therefore, the lights have not
been switched on.
V. Marla Ramsey, Parks & Recreation - Request for Land-Oaks Blvd/20th Ave NE (follow-
up)
Marla was not in attendance as she was at the Fire Station last week, the original date of the GAC
meeting (January 26). Copies of letters from Toni Mott and Commissioner Tom Henning were
.&.'li!l .'
.~
provided to the members, which requested the School Board's intention for the parcel an11101
neighborhood park respectively. Mr. Dobberstein said the School Board is considering the request and
advised it will take a few months before they are ready to make a final determination on whether to
utilize the land or if they are willing to let it go for Parks & Recreation's use.
Items V and VI were discussed together. Karen wanted to clarify that a good part of this property
(47.18 acres) is an environmentally sensitive wetlands which means the School Board would not have
a great deal of property to utilize. Skip said the property would have to be mitigated before the School
Board or Parks and Recreation could utilize the land. Karen said Marla had stated at the last meeting
that they could utilize a smaller portion of the property (e.g., 1.5 acres) for park purposes. Skip said he
doesn't see it being feasible to develop the parcel to any great extent and that it appears Parks &
Recreation would have the best use for the parcel.
VI. Marla Ramsey, Parks & Recreation - Request for Land - Unit 22, Tract A, 47.18 acres
At the last Land Trust Meeting it was discovered that the 47.18-acre parcel (Immokalee Road)
designated on the reserved list for use by the Parks & Recreation Department was never officially
conveyed to Parks & Recreation. The committee must determine it if they want to convey the property
to Parks & Recreation. If this is the case, we need action to do the agreement, obtain Avatar's
approval and present the recommendation to the Board of County Commissioners. Steve asked if
Marla was really going to make a park on this property and Toni advised that Marla had informed her
it would be a passive park. The park is in the Parks & Recreationfive-year plan. The intent is passive
park trails and playground. There is nothing in full print or concrete at this time. Approximately twelve
acres was carved out for the future widening of Immokalee Road and required drainage. The balance
is 47.18 acres. The retention pond is existing in a square shape configuration. Steve said Marla, at the
last meeting, stated she was disappointed the shape of the pond could have been more ascetic to the
landscaping if Transportation and Parks & Recreation could have worked together on this.
Skip asked what other possibilities there were for this site. It was determined that the fire department
has what they need and there wouldn't be a need for a Library. Karen stated she would like a
confirmation from Marla stating there will be family playground equipment as well as the passive park
trails. The subject area is already marked 'reserved' for parks. Steve and Jeff had concerns about
parking on the site.
In conclusion of the above discussion, the committee would like Marla to attend the next meeting to
discuss what will be included on this site and time frames for completion. The committee does not
want to convey the parcel to Parks & Recreation and it not be developed in a timely manner. Toni will
contact Marla to attend the next meeting with more information.
VII. GOLDEN GATE FIRE DISTRICT REQUEST FOR FUNDS
Toni stated the Agreement has been prepared and approved by the County Attorney's Office and
forwarded to the fire district for signatures. We are now waiting for a 'Letter Of No Objection' from
Avatar. It will be presented to the BCC late February, early March, depending on when we receive
the information back. The Agreement is for reimbursement to Golden Gate Fire Control & Rescue
District in the amount of $88,227 for a Fire Safety House and Towing Vehicle. There is a provision
contained within the Agreement that provides for the fire safety house to be utilized by any and all fire
districts located within the Golden Gate Estates area.
VIII. PUBLIC COMMENT/OTHER DISCUSSION
1'6'1
There was no one in the audience and no other discussion.
IX. Next Proposed Meeting Date - Monday, March 22, 2004 (7:00 p.m.).
We will meet at Fire Station 71. All in favor.
IX. ADJOURNMENT
Jeff made a motion to adjourn the meeting at 7: 15 p.m. Steve seconded the motion. All in favor
Fiala
Halas
Henning
Coyle
Coletta
Collier COld
CDC~MAR 152004
~a~ County CommlsSioners
Citizen Advisory Task Force
February 12, 2004 - 3:00 p.m.
Financial Administration and Housing
unity Development and Environmental Services
2800 N. Horseshoe Drive, Naples, Florida 34104
Conference Room 609
,
Agenda
,
I. Call Meeting to Order - Roll Call
A. Congratulations to re-appointed CA TF members
B. Election of new CA TF Chair
II. Approval of Meeting Minutes
A. Approval of December 18, 2003 Meeting Minutes
III. Update on Small Cities Community Development Block Grant _ Immokalee Manufacturing
Facility II
IV. Review of FY 2004-2005 One-Year Draft Action Plan
V. Review of FY 2002-2003 Amended Action Plan
VI. FY 2003-2004 Project Update
VI I. New Business
A. Review of CATF Annual Advisory Board Report to the BCC
B. Discuss Possible bus tour of FY 03-04 projects
I.
1
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VIII. Adjourn
"
1611
CITIZENS ADVISORY TASK FORCE COMMITTEE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
MAIN CONFERENCE ROOM
2800 NORTH HORSESHOE DRIVE
February 12,2004 Meeting
(Minutes Tentative Until Approved by the CA TF)
I. The meeting was called to order at 3:0] p.m. by David Corban. There was a quorum present. Mr.
Thomas came late.
ROLL CALL
ABSENT
PRESENT
Bill McCarthy
Fred Thomas
Ellen Christian-Myers
David Corban
Russell Tuff
x
X
X
X
X
Staff Present: Financial Administration and Housing (F AH) staff-Denny Baker, Cormac Giblin, Rosa
Mufioz, Janeen Person, Julia Langham, Gary Young and Susan Alden.
Also present for a portion of the meeting were Maria Adame, Chair of the IMMCAA board, and Sheree
Bennett, President of IMMCAA.
Denny Baker announced that Lee Combs had resigned from the County and introduced Cormac Giblin.
A. Congratulations to re-appointed CATF members, David Corban, Ellen Christian-Myers
and Bill McCarthy.
B. David Corban indicated an interest in being chair of the CA TF for a second term. He
was approved 3-0 (David Corban abstaining and Mr. Thomas not present).
II. Approval of Meeting Minutes
A. The minutes of the December 18, 2003 meeting were approved 4-0 (Mr. Thomas not
present).
m. Update on Small Cities Community Development Block Grant _ lrmnokalee Manufucturing
Facility - Janeen Person explained that the County had submitted a request for an extension to
the CDBG award agreement so that the new company, Florida Architectural Prodncts, Inc.
(F AP), had time to hire the required number of low-income persons.
2
IV. Review of FY 2004-2005 One- Year Action Plan
16/1
A. Janeen Person explained that the County was going to participate in American Dream
Downpayment Initiatiative (ADDI), a new component of the HOME program. It will
provide $10,000 or 6% of the cost of the home to eligible homebuyers.
B. Janeen also explmned that this year the County was eligible to receive funding through
the Emergency Shelter Grant (ESG) program and that the annual funding would be
given on a rotating basis to the three homeless shelters in Collier County (which are the
only eligible recipients), beginning with the /mmokalee Friendship House this year.
There was some discussion about dividing the funding among the shelters annually and
the consensus was that the amount ($96,461 this year), if divided, was not large enough
to make a difference is anyone agency's budget but if they knew they were going to get
this money every third year they might be able to do something significant with it (such
as replace a furnace or something major like that).
C. Jancen began to review the recommended 2004-2005 CDBG projects. There were
several projects in Copeland which would dovetail with the amended FY 02-03 funding
and it was particularly noted that the water line repair project, if funded for $277,000
this year would still need carryover dollars in the 05-06 AP as the total project for this
phase is $345,000.
Staff had recommended that the IMMCAA project not be funded and that the Youth
Haven project, previously on the "B" list, be funded. Maria Adame, chair of IMMCAA
and Sherry Bennett, President of IMMCAA were present and presented their views to
the CATF. On their application for funding they had used CSBG funding as a match
and staff had maintained that it wasn't allowed. Janeen indicated that the DCA had
told her that CSBG funds could only be used if HHS gave a waiver. Staff also
indicated that their budget didn't add up and there were other deficiencies in their
application. The CATF had previously recommended that IMMCAA's application be
funded predicated upon the satisfactory submission of additional documentation. Staff
felt the application was still not adequate and felt the project should not be funded this
year. Mr. Thomas, who had recommended this project be funded, understood staff's
concerns about this application. Mr. Thomas made a motion to approve the total
$2,785,000 CDBG project package, provided Youth Haven provided the necessary
documentation. Mr. Tuff seconded the motion; it was approved 4-0 (Mr. Corban
absent).
V. Review of FY 2002-2003 Amended Action Plan - Jancen Person explained the Stonn
Drainage project in the Gateway Triangle could not be completed in a timely manner and
$329,046 in funding had to be reallocated. The funding was reallocated to Copeland projects
regarding water line repair, streetlights and demolition and clearance. These projects are all
Phase I of projects continued in the FY 2004-2005 AP. Mr. Tuff made a motion to approve the
reallocation of funding to the Copeland projects; Ms. Christian-Myers seconded and the
motion was approved 4-0 (Mr. Corban absent).
After a review of the HOME & ADDI and ESG proposals, Mr. Tuff made a motion to
approve the HOME and ADDI and ESG proposed projects. Ms. Christian-Myers
seconded the motion; it was approved 4-0 (Mr. Corban absent).
3
VI.
New Business
A. Janeen Person explained that every year the BCC requests reports from several advisory
boards and this year the CA TF was included. The report was reviewed by all CA TF
members and will be presented by CA TF Chair David Corban to the BCC next month.
There were no questions.
B. A possible bus tour was discussed, but since all of the members had been on the
previous bus tour and there were not significant outward changes in most of the
projects, the CATF felt that perhaps they should have lunch at the lmmokalee
Friendship House. Possible dates included June 3rd or June lOth; the CA TF members
were to look at their calendars and indicate which date was best for them.
16/1
Mr. Thomas announced that there would be an article about Immokalee in USA Today on Friday,
February 20th.
Mr. Tuff made a motion to adjourn; Ms. Christian-Myers seconded the motion and the meeting was
adjourned at 4:40 p.m.
G:\CDBG\Citizen Advisory Task Force\2004 CATF Meetings\2-12-04 MEETING\CATF Minutes 2-12-04.doc
4
16(1
COllIER COVNlY GOVERNMENT
Fiala
Halas
Henning~
Coyle
Coletta
NOTICE OF PUBLIC MEETING Boar'd of County Commjss ioners
NOTICE IS HEREBY GIVEN THAT THE BUDGET SUB-COMMITTEE OF THE PELICAN BAY
SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDAY, MARCH
17, 2004 AT 9:00 A.M.. AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE,
NAPLES. FLORIDA 34108
AGENDA
1 . Roll Call
2. Approval of minutes of the February 18, 2004 Meeting
3. Audience Comments
4. Step" Plan Workshop:
- Oakmont Lake: How much, when
- Clam Bay
- Beach Restoration
- Reserves
5. Sub-committee requests
6 Adjourn
All interested parties are invited to attend, to speak and to submit their objections, if
any, in writing, to the board/committee prior to the meeting if applicable. Any person
who decides to appeal a decision of the Board or quasi-judicial board will need a record of
the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim
record of the proceeding is made, which record includes the testimony and evidence upon
which the appeal is to be based. 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 Pelican Bay Services
Division Office at 597-1749.
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16.1
MINUTES
BUDGET SUB-COMMITTEE
February 18, 2004
Naples, Florida
LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division
Board met in Regular Session on this date, February 18, 2004 at 1 :OO.P.M. at Hammock Oak
Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present:
Mr. Christopher Sutphin, Chairman
Mr. John la;zzo
Mr. David Nordhoff
Mr. Edward Staros
ALSO PRESENT: Six (6) Pelican Bay Advisory Board members; Mr. Coleman Connell, Pelican
Bay Property Owners Association; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services
Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division, via
telephone, and Mrs. Barbara Smith, Recording Secretary.
AGENDA
1 . ROil Call
2. Approval of Minutes of the January 28, 2004 Meeting
3. Audience Comments - General (See below)
4. Review of Planning Status and Process (Chris Sutphin Memorandum of
February 7, 2004 attached)
5. Step II Planning - Audience participation is encOuraged. Comments will be
restricted to the specific issue being discussed.
6. Sub-committee Requests
7. Adjourn
ROLL CALL
Mr. Sutphin called the meeting to order and asked that the record show all members
present.
APPROVAL OF MINUTES OF THE JANUARY 28. 2004 MEETING
Mr. Nordhoff moved, second by Mr. laizzo and approved
unanimously, the Minutes of the January 28, 2004 BUdget
Sub-committee Meeting.
AUDIENCE COMMENTS
should allow us ample time to cover what I think we need to cover tOday.
like to make Sure that we keep the discussions relevant to the issues being discussed and that
me to emphasize that we are going to be physically removed from this room at 3:00 P.M. I would
any issue that is germane to what is being discussed at today's meeting". Mrs. Smith has asked
Mr. Sutphin stated, "Before we start, I don't want to in any way curtail the discussion of
167
"-~-,--"'--^
Budget Sub-committee
February 18, 2004
1611
Mr. Domenie stated, "I think you are doing a great job, but there are still too many
questions". We started off with the premise of a bond issue and lately we have been talking
about short-term borrOwing. Who has to approve that? Can this Board approve borrowing, do
we have to go to the community to get approval if we can't finance through a Special
Assessment? If we are talking about a $300.00 Special Assessment, we don't need approval
from anybody for that except from this Board. Why not go to $500.00 or $700.00 and cover the
considering spending $1,500,000 in the mangroves next year. I don't care how much it is, but the
should take it one step at a time, perhaps three years ahead. You also pOint out that we are
certain things, some of which may never be realized and others may take priority. Perhaps we
expense of the immediate things that we have in mind? Going out ten years we are talking about
Board must have had something in mind to come up with a figure such as that. Are we planning
on straightening the canals?
municipal governments the right to borrow to finance operations, correct?
contemplates any long-term debt. Mr. Ward, the Constitution of the State of Florida provides
mentioned very early in discussions and I don't think anything that is currently being discussed
Mr. Sutphin replied, "I will try to respond to the borrowing issue first". Bonds were
Mr. Ward replied, "Yes".
Mr. Sutphin stated, 'We don't need anybody's permission to borrow money". In reality
this Board does not approve anything. The Board recommends a budget to the Board of County
all the approval that is required.
Commissioners and if that includes some form of short-term borrowing and they approve, that is
Mr. Domenie asked, 'Who would provide those funds"? Do we still go out on the open
market for that?
municipal governments".
Mr. Ward replied, "Generally local banks are in the market for providing tax free money to
short term borrowing"?
Mr. Domenie asked, 'What is the effect of the legal expenses and documentation for
Mr. Sutphin replied, "Any costs would obviously be included".
168
"' -----~""~,,-"
-" -,._-----
Budget Sub-committee
February 18, 2004
}6 11
Mr. Domenie asked, "Are we talking about ad valorem or an assessment"?
ReVIew OF PLANNING STATUS AND PRocess
funded by a non-ad valorem assessment. I am not prepared to address that issue.
continue the current policy of certain items being funded on an ad valorem basis and others being
discussion that was brought up about six months ago and the Board voted overwhelmingly to
valorem is irrelevant from the standpoint of what we plan to accomplish. It is a separate
consider germane to the establishment of the budget". The decision of ad valorem versus non-ad
Mr. Sutphin stated, "How the Board chooses to tax the residents is not an issue that ,
like to see included for funding in Fiscal Year 2005 and which are highly likely to be included for
let's not confuse the two. It is a plan, which consists of identifying those programs that we would
point of attempting to put together the Step 1/ iteration of the plan. It is not a budget and please
Mr. Sutphin stated, ''The next item is a review of where we stand". I think we are at the
funding in the following one or two fiscal years. I tried to use some examples of the way that I
think we, as a Sub-committee, should approach this in order to come up with a Step 1/ Plan,
similar to what we have been doing in prior years, approval of programs in detail. I use three
projects. That would lead us into the last and final stage of budget preparation, which would be
which would then allow Mr. Ward to go out and start getting firm specifications and bids on
examples in my Memorandum, one is beach renourishment that is a current year program that
of how do you approach it and how much do you want to spend? Mr. Domenie asked what do
because' consider it the third most important project, but because it presents a classic dilemma
unknown of who is going to pay for it. Next is doing something about the cattail areas, not
would be carried over to Fiscal Year 2005 that' consider mandatory and interestingly has a major
would expect that once we have established that it supports our Mission conceptually, we are
you want to do about the mangroves and the cattails or what is going to cost all of this money? I
tier" community.
going to take care of those things as part of our objective of maintaining Pelican Bay as a ''top
The Clam Bay Sub-committee would come to us with specific
recommendations as to what it is they want to do, which would be included in the budget.
169
BUdget Sub-committee
February 18, 2004
1 611
.."",
1
Mr. Roellig stated, 'We have a Clam Bay Sub-committee Meeting scheduled for February
26 and as I understand it one of the items we will be talking about is a plan for $1,500,000". I
have an open mind on it, but I have a hard time imagining having to spend more than $100.000
an acre to remediate something. We are still looking at Pelican Bay's participation in the amount
of approximately $700,000 for beach renourlshmen!. The fast time i gave you the number was
right aiter New Yea(s and this is about six weeks later. The TOC is going to fund from Vanderbin
Beach Road south past the Ritz Carnon, to approximately whare the Contessa is focated. From
Pelican Bay would pick up at an approximate cost of $700.000. The plans and specifications are
the Contessa to approximately 1,500 feet south of the Sandpiper, also known as R-37. is what
Season, which would automatically put us into another year.
started because if it does not get started until January it could not get completed before Turtle
starting in November of this year. A renourishment of this nature has a very short window to get
not compieted; we do not have an engineering estimate and we are lOOking at the possibility of
recommendation of the Coastal Advisory Board and Tourist Development Council"?
Mr. Sutphin asked, "Are the TDC Funds a commitment or is that the current
Mr. Roellig replied, "Using the policy that the Board of County Commissioners has
adopted, the TDC would pay for one-half mile south of the south boundary of the Ritz Carlton
think there are any contingencies on the County's part and it we wanted to add a 15%-20%
where the permit would allow beach renourishmen!. That is where we stand at this time. I don't
Hotel". There Would be no other funds for the $700.000 from there to the southem limit from
contingency to the $700,000 we could do that. A permit is still being processed and it is hard to
say when that will be approved and the bids can go out. The only way this can really work is if we
can go out with an advance notice to bidders about July.
Has that been handled or is it still open?
that it was necessary that we gel a contact person and you said you were going to handle ir.
Mr. Werner stated, "Mr. Ward at the last meeting I had said that Mr. Roellig had indicated
momenf'.
Mr. Ward replied, 'We talked with Mr. Hovell and Mr. Lukasz is the contact person at the
170
Budget Sub-committee
February 18, 2004
1
i
611
"~
Mr. Roellig stated, 'The Coastal Advisory Committee has a BUdget Sub-committee also,
of which I am a member and we are going to meet next Wednesday", Very soon they will need a
letter of willingness to Sponsor our portion of the project. We will discuss that at the Sub-
committee and bring it back to the Board in early March.
talking about"?
Mr. Carroll asked, "Mr. Roellig, could you comment on the $1,700,000 that we keep
Mr. Roellig replied, 'The $1,700,000 is the cost of renourishment from Vanderbilt Beach
Road south to the location where Pelican Bay would pick up", We started talking about
$9,000,000 and now we are talking about a total cost of $13,000,000 and I am not concemed
about coming up with TOC Funds for the $13,000,000.
there is any disagreement. Since there are a total of nine Board Members out of eleven
first of the following month and then having to wait until the next Budget Sub-committee Meeting il
is the time stippage involved in having a Budget Sub-committee Meeting, a Board Meeting at the
the meeting". Before we go any further, one of the things that I am increasingly concerned about
Mr. Sutphin stated, '" would like to come back to beach renourishment a little further on in
represented here, , know the members in the audience cannot vote, but they can nod their heads.
If we get consensus agreement on certain things at today's meeting, it is my intention to have
Mrs. Smith prepare what' would all a Consent Agenda to be presented at the March 3rd Board
Meeting as one item to be voted on by the full Board on those things where we appear to be in
agreement.
STEP" PLANNING STATUS AND PROCESS
options are a bare bones replacement; a replacement with upgrades, or a replacement that would
definitely included in our Step II Plan. In my Memorandum , dimensioned three options. The
the February Board Meeting in general terms and it is the first program that I feel should be
there appears to be a general feeling that this is something we want to do. It was discussed at
carryover from Fiscal Year 2004 and was inadequately funded in the current year's budget and
Mr. Sutphin stated, "The first program I would like to discuss is Oakmont Lake". It is a
171
BUdget SUb-committee
February 18, 2004
1 611'11
>:~
great extent, it is the first test of our dedication to the Mission. 'would welcome any comments.
embody what those doing the design felt would reflect "top tier" community status. I guess to a
Association". That meeting was essentially a social and ministerial event, but we took the
action that was taken a few weeks ago in the context of the Annual Meeting of the Oakmont
Mr. Spanier stated, "I would like to convey the essence of the discussion and preliminary
occasion to review some of the accomplishments that we have visibly seen in the area around
Services Division Board and this Sub-committee's approach for the improvement of the lake as a
Oakmont lake. I COnveyed back to the membership the approach that is being taken by the
Possible multi-tiered approach. There was a general feeling among the 50-60 people in
attendance that they would like to have some input into the end appearance of the improvement.
To that end I asked for volunteers from among those present, as I hope to do again through the
Pelican Bay Post if it is the wish of the Board, to establish a 5-7 person advisory committee. I
would be the best selections I do not know at this pOint. I would like to propose for the Board's
have had a number of volunteers already who are eager and ready to serve and whether they
to at least have the appearance of the community, as well as the substance, of having given a
preliminary conceptual plans that Mr. Ward's staff may care to place before it. I would like for us
about the architectural and horticultural appearance of that area and also to review whatever
park that there is a desire to convene a committee that would be able to both initiate suggestions
Association, the Barrington people and the Waterford people who are contiguous to the lake and
consideration and for Mr. Ward's information as well, Ihe desire within the Oakmant Community
the existence of such a committee. In the interim I am simply serving as a pro tem chairman of a
end I will present a recommendation at the next meeting of the Board to give official recognition to
have the type of reaction that we did with our well intentioned experiment with the berm. To that
great deal of advance consideration to the preferences of the users of the facility rather than to
group that hopes to come into existence.
Mr. Sutphin replied, "I think that approach is sound". What I am asking at this point is do
Do you understand what I am saying?
you want the committee to pick the flowers from the Walmart bargain lot or a quality nursery"?
172
Budget SUb-committee
February 18, 2004
1611
Mr. Spanier replied, "Very clearly". , think that in the end we have to present to the full
turn to Mr. Ward for active participation because he is our Source of numbers. If it is the sense of
Board, several choices that have both a conceptual and a cost figure. For that we are going to
structure on this at its' first meeting. Does that make sense?
as the pro tem chair of this group and teli him what i think is necessary to begin to put some
the intormal group that we have here that we proceed on that tact, then I will get with Mr. Ward,
addressed at this point in the planning process".
Mr. Sutphin replied, "Absolutely, but it stili does not answer the question that needs to get
the Board's responsibility to set a budget and make sure what gets recommended is within the
Mr. Werner stated, "I don't have a problem with what has been suggested, but I think it is
item that may include very intense landscaping leading from the path to the water.
but as i remember from what was presented to us, we had two alternalives. Now I see a third
budget and the overali concerns lor safety, etc.". I know you came up with three atternalives,
concepts and not specifics.
Mr. Sutphin replied, "Vou missed the poinr. I made up the third level; I am talking
Mr. Werner stated, 'When we start talking about next year's budget......
identifying the programs to be included in next year's budget".
Mr. Sutphin stated, 'We are not talking about next year's budget, we are talking about
Mr. Werner stated, "You asked for which of the three alternatives".
on".
Mr. Sutphin replied, "The general/evel that Mr. Ward should go out and secure quotes
Mr. Werner replied, "J just don't follow that".
Mr. Carroll stated, "It appears to me that getting such a committee is getting the cart
before the horse". It appears to me that what Mr. Sutphin is driving at is that we just conceptualiy
to deal with it we would have to have Mr. Ward hire an architect to provide some rough cuts 01
what he considered "top lier". We may consider that second option very adequate, but in order
from Mr. Ward's statement at the iast meeting that Plan two, in his jUdgment, was failing short of
say replace it, upgrade it and he has just introduced upgrade it some more. 'think that came
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what plans A, S, and C would look like. Your committee could then deal with that. Mr. Sutphin is
trying to conceptually keep us on the path of where we are on this three-phase item? Do we think
going with the middle plan is adequate and you might say I don't know what the middle plan is, so
how can I do that? This one is close.
Mr. Sutphin stated, "'We want to get started in this fiscal year and this is one program
where time is of the 95senee". As an example, I would prater to say Mr. Ward, get three design
approaches and bids envisioning "top tier" status, present these and have someone say I don't
think we need orchid plants, chrysanthemums are good enough and take them out as Opposed to
looking at something and saying this isn't good enough. It is much easier to take a step back
You will always have the opportunity to eliminate something. It is much more difficult to add
sufficient funding at this point in the process. Remember, the budget review comes after this.
than it is to come into something that you then find to be inadequate and not have envisioned
something.
Mr. Nordhoff stated, "Mr. Sutphin is talking about adding items to be done, not the cost
this is going to cost.
like to do and then the numbers will be added later. I don't think we should get hung up on what
for those items". Let's just forget numbers for the time being and prioritize things that we would
have enough money. We know that it is a priority. We did not have enough money, not because
Mr. Werner replied, 'We already prioritized this". We tried to do it this year and did not
we didn't budget it, but because we had bad numbers to begin with.
Mr. Nordhoff stated, 'We are never going to get a list of projects if we are going to argue
it is $10.00 or $20.00.
about the cost of each and everyone at this stage". We will be stymied in a quagmire of whether
Mr. Domenie stated, "The way I understood it was that-one of the drawings provided to us
was upgrading to Fiscal Year 2005 standards and the second was the upper tier". Coming back
to the suggestion of a committee that Oakmont wants to create, I think that is great. They should
then be present at these meetings and present their ideas, so that they can have the input. If we
come to a decision and three months later they say that is not what they had in mind that is
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with their specific ideas.
counterproductive. If they want to have input they should be here today attending such meetings
just going to add to the time and confusion.
group. Mr. Spanier's suggestion is to have an advisory group advising an advisory group and is
Mr. NOrdhoff stated. We cannol advocate our responsibilities", We are an advisory
of a resident design review committee and it has nothing whatsoever to do with budgeting,
Mr. Sutphin stated, "Let me clarify what I have to accomplish to do my job". I am in favor
Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
on a vote of 3/1 to include in the Step /I Budget replacing
and upgrading Oakmont Lake to "top tier" status. Mr. laizzo
cast the nay vote.
Mr. laizzo stated, "I don't think we are here to set dollars".
Mr. Sutphin replied, 'We are not setting dollars".
Mr. laizzo stated, "If , have to make a selection , would select Option 2 to upgrade
replacement to Fiscal Year 2005 standards".
Mr. Sutphin replied, "That could very well be what it is".
out and have something designed to present to the Board for approval". Maybe that is when
Mr. Staros staled. "All Mr. Sutphin is trying to say is let's give Mr. Ward the directive to go
medium or large plants.
you say let's put more or less to it, depending upon what the design says. It is not picking small,
Mr. Sutphin asked, "Mr. Ward is that clear"?
Mr. Ward replied, "Yes".
bunch of options.
Mr. Aoellig stated, "I don't want to see three designs". I want to see a good design with a
Mr. Staros replied, "That is basically what Mr. Ward is going to do".
Mr. Sutphin stated, "Community input is always welcomed and encOuraged".
can also strip it off if you don't want it, but at least you have a design to start with.
Mr. Staros stated, 'With a design you could always put gold leaf on it if you want, but you
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reflect your best estimate of the ''top tier" status cost.
Mr. Sutphin stated, "Mr. Ward, in the Step" budget, the general level of funding should
Mr. Ward replied, "I understand".
Mr. Sutphin stated, "The next item is beach renourishmenf'.
Mr. Roellig stated, "In my opinion we should go with what is in the permit application". It
appears that our costs tOday would be $700,000 and it would be prudent to add a contingency of
15%-20% to that and is probably what we should do on a lot of these projects. You come in with
your best number and then add a contingency.
TOC Funds, do we not do the beach renourishment?
the budgef'. Then, along comes October and the County changes their mind on the allocation of
Mr. Sutphin asked, "If we do that and add a 20% contingency, we will have $840,000 in
Mr. Roellig replied, "I can't imagine that scenario, although there is that possibility".
Mr. Sutphin replied, "I would like to remind you of the median landscaping for U.S. 41".
Mr. Roellig stated, "I understand that, but I can't imagine a situation where they would not
renourish the beach in front of the Ritz Carlton Hotel".
Mr. Sutphin replied, "I can".
Mr. Staros stated, "I hope not, we generate the lion's share of taxes for those funds".
Mr. Sutphin stated, 'We should budget for beach renourishment and if the County
provides part of the revenue so be it, but that number is $1,700,000".
Mr. Roellig replied, "Right, in that ballpark".
Mr. laizzo asked, "How often do we do a beach renourishmenr?
years".
Mr. Roellig replied, ''The last one was done in 1995/1996 so it is approximately every ten
Mr. laizzo stated, "I thought we did it in 2002"?
Mr. Roellig replied, ''That was very limited".
Mr. laizzo stated, 'We did our own beach renourishment in 2002".
Mr. Roel/ig replied, "No, I am referring to a county-wide beach renourishment".
Mr. laizzo stated, "It was a $74,000 bill, what did it cover"?
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Pelican Bay".
Mr. Roellig replied, ''That was a dune restoration and it was funded by the County, not
Mr. laizzo stated, 'We paid $74,000 for that work".
Mr. Ward stated, ''That was for dune restoration and not beach renourishment".
beach renourishment and the cost of that is $1,700,000. It we do not have to generate the
Mr. Sutphin stated, ''The issue here again is conceptual". 'feel that we are committed to
Mr. Lukasz stated, ''That was in a Cost Center that is reimbursed by the County".
revenue from our property owners, fine, but we need to budget $1,700,000 in spending.
Mr. Roellig replied, "I don't necessarily agree with that". If the County doesn't do the
with trucks, but sand is going to be taken from offshore and placed on the beach. To start that
renourishment, it isn't going to happen at all. This renourishment is not going to be accomplished
to do it all in one year; if you do it in two years you are going to have to eat that mobilization cost
renourishment you are going to have mobilization costs of approximately $1,500,000. You have
permit and if you go ''top tier" that means we do everything that the permit allows us to do.
anything. 'can't picture a situation where the County would do half of a project. We have a
twice and J don't think anyone in the County is going to do that. Our $1,700.000 wiii not buy
Mr. Sutphin asked, 'Would that be your recommendation"?
Mr. Roellig replied, "Yes".
from the TOC".
Mr. Sutphin stated, "Mr. Roel/ig, , have to defer to you if you think the check is in the mail
Naples is not going to come up with any money.
Mr. Roellig stated, "If the TOC does not fund it, nothing is going to happen". The City of
Mr. Sutphin asked, "Are you saying that if beach renourishment is going to happen at all,
we will get TOC money to the tune of approximately $1,000,000".
Mr. Roellig replied, ''The entire TOC project is $9,000,000 and they have to come up with
a big chunk of money or the renourishment does not happen".
Mr. Carroll stated, ''This is a ten year program".
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major renourishment.
had $700,000 for this major renourishment, ten years from now we may be looking at another
Mr. Roellig stated, "That is why' did not have any heartburn over the $1,700,000". If we
coming from TDC Funds.
contingency for a total of $840,000 for beach renourishment, with the balance of the revenue
Mr. Sutphin replied, '" agree". Mr. Ward, for Step" we will include $700,000 plus a 20%
renourishment is"?
Mr. Steve Seidell - San Marino - "Could somebody describe to me what beach
in Collier County starting at Oelnor Wiggins State Park down through the City of Napies". This
Mr. Roellig replied, "In the 1995/1996 time frame a major beach renourishment was done
six inches per year.
and spread it so that you end up with a strong beach. The natura' erosion is very slow at about
amounts to a dredge being sent into the Gulf to find high quality beach sand, pump it on shore
Mr. Domenie asked, 'What is the natural beach"?
wide".
fifteen feet wide and after being renourished the beaches were approximately seventy-five feet
Mr. Roellig replied, "Prior to 1995 the beaches in the City of Naples were approximately
Mr. Seidell asked, "Is this when the rocks appeared on the beach"?
through a sieve before it comes on to the beach".
Mr. Roellig replied, ''That is where the rocks came in, but this time the sand will be run
Mr. Sutphin stated, "Mr. Roellig, I would appreciate it if you could continue this outside of
the meeting and have the gentleman attend the Clam Bay Sub-committee Meeting where it is
discussed in far more detail".
Mr. Ward replied, "Yes, sir".
Mr. Sutphin asked, "Mr. Ward are you set on beach reAourishment"?
Mr. Sutphin stated, ''The next item is the berm area". Again,' used as an example, a
Report, various options for doing something about the cattail mess". I would defer to the Clam
program that was mentioned by Mr. Hall in his presentation of the Annuai Ctam Bay Monitoring
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Ward. Not a detailed plan, but what your Sub-committee feels should be done and funded in
Bay Sub-committee that I believe that you should present a specific set of parameters to Mr.
tier" community.
Fiscal Year 2005 and for the next two years to support the Mission of keeping Pelican Bay a "top
like golf course, I don't intend to do that either.
intend on dumping money into a swamp and for it to appear as "top tier" community it has to look
Mr. Roellig stated, "That will be taken up at our next Sub-committee meeting". , don't
something about if'.
Mr. Sutphin stated, "It is a very visible example and a lot of people feel we need to do
buy a beach and own it for ten years and unless you have a hurricane you renourish it. The
or without cattails". You buy a wall you own it for twenty years until you have to fix it again. You
Mr. Staros stated, '" don't now what the difference between a "top tier" community is, with
cattails you kill on Monday and they are back on Tuesday. , don't know how you do this one.
Mr. Roellig replied, "My sense is that they just want it green, but we are not going to paint
it".
budget".
Mr. Sutphin stated, 'We need a ballpark number for Mr. Ward to include in the Step II
how much it is going to cost, but I don't think we want to avoid having a plan to get rid of the
Mr. Carroll stated, "One plan is to eliminate the cattails". I don't know how you do that or
something about it.
cattails so that we don't have those 1,000 people throwing garbage at us. We have to do
cattails". J don't know what it is.
Mr. Staros stated, "It is hard to envision what "top tier" means when you are talking
Mr. Werner replied, "Get a better grade of cattails".
not dismiss that as an option. Cattails like that swamp. Let's come up with a number and get it to
grow, but budget the labor to go in and clean the dead ones out every couple of years. I would
ago that a perfectly acceptable method of controlling the ecosystem would be to let the cattails
Mr. Sutphin stated, "This is a hard one". 'was told by Mr. Hall approximately two years
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know there seems to be some pretty compelling evidence for digging the cuts, which appear to be
Mr. Ward. I would also include whatever you feel needs to be done in the Clam Bay System. I
working in terms of the mangrove health. If I were going to opt to spend money on anything out
there, it would be to dig more ditches. When is your meeting Mr. Roellig?
Mr. Roellig replied, "February 2SIh".
budget for our March 3 Board Meeting"?
Mr. Sutphin stated, "Can you get the input to Mr. Ward in time for him to produce a Step"
Mr. Roellig stated, "It would be my intention to have recommendations by the end of the
Sub-committee Meeting".
plan are any scheduled replacement programs that would Occur during Fiscal Year 2005".
Mr. Sutphin stated, "Mr. Ward, I think the things that need to be included in the Step"
Mr. Ward replied, "Correct".
and we will simply plan for them".
Mr. Sutphin stated, 'We have not spent any time on those because they are mandatory
means".
Mr. Carroll stated, 'Water management is one of those listed and I don't know what that
in terms of water management"?
Mr. Sutphin replied, "I don't either". Mr. Ward could you elaborate on what you envision
Mr. Ward replied, 'What the golf Course has done over the past two years to make this an
Audubon approved golf Course is that they had to bring this course into today's standards". That
improvement to the water management system that we may want to consider and from a cost
means dealing with aeration devices in the system to assist in that endeavor. I think that is an
perspective these are not inexpensive items to do.
Mr. Sutphin stated, "/t was given a high priority in. the rank ordering that the board
participated in". /f' don't hear any objections I would ask Mr. Ward to include that in the Step 1/
Plan as well.
mechanical systems that keep everything in balance and to make sure we had the funds
Mr. Staros stated, 'When I voted on the water management as a high priority, I meant the
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February 18, 2004
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available for the valves and the things that manage the water flow, knowing those mechanics
thought that was what water management was.
wear out". When the mechanics were put in they had a certain life expectancy before they died.
devices to help with the water quality.
like the standards of conception that you have today and that is your plantings and aeration
looked at it more as improvements to the system to get the water quality levels up, to make it look
collapse in the system". With this system you are not going to have a lot of costs in that regard. I
system, so there are no pumps and the pipes tend to last fifty years unless you have a major
Mr. Ward replied, "In Pelican Bay's case the water management system is a gravity
challenged"? I know we voted it that way, but I don't think we knew what we were voting on.
Mr. Carroll asked, "I wonder if that item needs to be in this first list, can that be
Year 2006 item?
Mr. Sutphin replied, "I agree with you". Do you see any down side in making this a Fiscal
Mr. Ward replied, "Yes, I think as part of the Oakmont ''top tier" design I will have to
ability to look at that entire area and the lake to bring it into a ''top tier" community.
include some improvement to the lake". The dollars ought to be left there for sufficient funding
Mr. Sutphin asked, "Just that lake or all of the lakes"?
Mr. Ward replied, "Just that particular lake".
example of what the cost might be for the rest of the system".
Mr. Sutphin stated, "Let's include that for Oakmont Lake and that would serve as an
Mr. Ward replied, "Correct".
required to upgrade Oakmont".
Mr. Sutphin stated, "The Board will have a chance to look at the details of what is
Waterside Shops, that there has been talk of relocating and rebuilding their lake". Part of the
Mr. Spanier stated, "It has come to my attention, by someone who operates a store at
system, is that something that will be done in advance through our Pelican Bay Services
water feature. In the event that there is a need for a major change in our water management
reconstruction will be the splitting of the Jacobsen's store into a couple of parts and establishing a
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key aspect in the water management system.
Division? Would the owners of the land do it or how would that be accomplished? That lake is a
that happen to be private and that happens to be one of them.
Mr. Ward replied, "Those lakes are private". There are a few lakes within Pelican Bay
Mr. Werner asked, "The big lake by West Boulevard"?
Mr. Lukasz replied, "Yes, that is their lake".
Waterside".
Mr. Sutphin stated, 'We would not be on the hook for anything that happens at
Plan is an increase in the reserve levels that is implicit in our Mission to insure equipment
Mr. Sutphin stated, "The last item that I would like to deal with for inclusion in the Step II
reserves which are currently $1,500,000". Is that correct Mr. Ward?
Mr. Ward replied, "$1,200,000".
reserves in the first year of a five year plan"?
Mr. Sutphin asked, 'What would you feel to be an appropriate level of increase to those
Mr. Ward replied, "I don't know in the first five years". I would have to look at what we
would be in a position to deal with in the first five years, but I don't think a lot, based on the
concept of keeping the Capital level at approximately $325.00 per unit per year. Over the time
horizon of the plan $4,000,000 is where we need to be.
Mr. Werner stated, "That is $280,000 per year".
Mr. laizzo stated, 'We automatically have a reserve of 5%".
Mr. Sutphin replied, "I would like to clarify that". The revenue reserve shown on the
Collier County financial statements is not a reserve. It is a discount and is money that the County
the reserve and is not real money.
never gets. If your tax bill is $1,000 and you pay it early, you only pay $950.00. That $50.00 is
which is the landscaping". I agree that we should have them, but J don't think we have any
Mr. Werner stated, "The only other reserves that I know of are for the Uninsured Assets,
reserves.
Mr. Sutphin replied, "It only grows if we budget to replace if'.
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Budget Sub-committee
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Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
unanimously to a $300,000 reserve increase as a part of
Step 1/ for Fiscal Year 2005".
storm". I want to make sure we are talking about the same thing.
Mr. Aoel/ig stated, 'We are talking about the vegetation and the clean up after a major
high reserve for vegetation specifically. You call it a reserve and I call it a contingency.
cleaning out the vegetation and some replanting after a major storm". I don't see the pOint of a
Mr. Aoellig stated, 'We have a specific line item of over $1,000,000 to take care of
vegetation". You would have to replace street signs, lamp posts, etc.
Mr. Werner stated, "If you had a major storm you would not just have to replace
balance.
a general feeling that we were under reserved and I believe the consensus is to build that reserve
Mr. Sutphin asked, "Mr. Ward are we allowed to have unidentified reserves"? There was
we own"?
Mr. Domenie asked, "Do we have any insurance on the automobiles and hard assets that
reason the vegetation is not insured is that it would be some astronomical number.
Mr. Sutphin replied, "My understanding is that the hard assets are insured". The only
Mr. Ward stated, 'The County is a self-insured program". The $1,000,000 that we
because no amount of money insures it. Conceptually if some sort of natural disaster were to
currently have in the Uninsured Asset Program was intended to cover our landscaping program
natural disaster is not a time to go after residents for restoring assets.
utilized for those assets. You have to have some money to stay ahead of the curve. After a
dollar. That does not include your landscaping program, so about 70% of that will be able to be
the Federal Government. The current distribution of FEMA Funds is approximately 70% on the
were destroyed. Once performed, hopefully a percentage of those funds would be returned from
strike, you have to be able to fund up front improvements for the restorations of those things that
reserves or reserves for contingency"?
Mr. Sutphin asked, "Mr. Ward, are we restricted in any way from having unidentified
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.." ~~ ..
;.~ "
Mr. Ward replied, "We are not per se and we are per se", My opinion is that government
is not required to specify which capital asset you are going to reserve for or which capital asset
your reserve is allocated for. This is an opinion that I have with respect to that issue. The way I
Ordinance itself.
funds for, without specifying an amount per asset, but identifying them globally pursuant to the
enabling ordinance, that is the definition of the asset that we would be able to utilize our reserve
in its' enabling ordinance to construct, operate and maintain certain assets identified in the
generally get around it is to indicate that to the extent that the Division or District has the authority
increase in reserve levels for Fiscal Year 2005".
Mr. Sutphin stated, 'We will leave it at that for now, but we will plan for a $300,000
Mr. Nordhoff stated, "It will be for general reserves and not just for landscaping".
Mr. Sutphin asked, "Are there any programs that have not been discussed that any Sub-
committee or Board Member feels should be included at this pOint for Fiscal Year 2005"?
Mr. Carroll asked, "Are you talking just Fiscal Year 2005 or Fiscal Years 2005 and 2006"?
Mr. Sutphin replied, "Fiscal years 2005 and 2006".
Fiscal Year 2005".
Mr. Carroll stated, "Okay, because these programs are not all going to get done during
Mr. Sutphin stated, "I would suspect that some of the things the Clam Bay Sub-committee
talks about will not get done simply because of the permitting process and they will flow over into
Fiscal Year 2006". Virtually anything requiring permits, with the exception of beach
renourishment where we are already have the permits, will flow over into Fiscal Year 2006.
Mr. Roellig stated, "The permit for the major renourishment has been applied for and is
being processed with the hopes of having it within a few months".
next year"?
actually be done in Fiscal Year 2005 and where the permitting process would move it into the
Mr. Sutphin asked, "Does your Sub-committee know in detail those things that could
Mr. Roellig stated, 'We could come up with that".
Mr. Sutphin stated, ''That could be included as part of your input to Mr. Ward".
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February 18, 2004
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commencing work November 1, the day after Turtle Season ends".
ago, the County was in the process of permitting beach renourishment with the idea of
Mr. Staros stated, "At the last County Commission meeting that I attended about ten days
completed during the next fiscal year".
Mr. Sutphin stated, "Unless something goes off track, that is a program that will get
don't have the permit in hand or an indication by then, it will go into the next year.
it done that fast". We will have a very good indication about the permit by June or July. If we
Mr. Roellig stated, "You have no way of knowing that and it is a very ambitious plan to get
I used the ten-page Power Point Package that Mr. Ward had prepared as a handout. It was
the Bay Colony Community Association Board of Governor's a week ago about this program and
questions as to what we want to present. Presentation is probably the wrong word. , talked to
sophisticated Power Point Presentation, which the Board looked at in February and raised some
out to the community". , guess I have come full circle on this. We took a stab at a pretty
Mr. Sutphin stated 'The next subject I would like to discuss is about getting our message
and' talked primarily about our Mission, which was to increase the level of investment in the
along with some numbers, but I didn't talk about that". I gave it to them and told them to read it
called the Community Assets Preservation Program and included our Mission and Objectives
they were all for it. That is one approach. The more' think about it, taking a Power Point
community to maintain Pelican Bay as a "top tier" community. The program got rave reviews and
budget approval process do it for us, which I don't recommend.
on how to get this done or to simply not do it and let the public hearing, which is part of the
presentation on the road may not be the best way to present this and I am open to suggestions
well-written letter, explaining our objectives would do and let it go at that". I think that will have
Mr. Nordhoff stated, "Since we are talking concept and not numbers, I believe a short,
communicated what we are doing. Discussion begs every number, why, when, where and we
don't have the answer to those. I don't believe we want to get into that and a letter that is brief,
open and informative would be more than sufficient.
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February 18, 2004
Mr. Staros stated, "That letter should invite anybody with an interest to attend our
meetings to be able to participate". When you think about how few people attend our meetings, it
is 1/10th of 1%.
Mr. laizzo stated, itA letter containing as much as we can give them is necessary for the
residents". We have been talking money all along and you cannot say that we are going to be
"top tier" as most of us feel we are ''top tier"; you are going to have to identify the money. You
can't come out later and say, "by the way it is $23,000,000". You are going to have to tell them
that it is money and provide a rational approach. You can't give them a vague concept or a high
cost concept. I am in favor of community improvements, but that is as far as I will go. I say let's
identify those infrastructures; let's see how long they have been around and what could be
replaced and do we improve or enhance on that replacement? I think that will sell and I have
strong feelings on that approach.
Mr. Werner stated, "I thank you all so much for doing this". This is something that has
been badly needed and I think you can see the interest from the Board. I don't think going out
and presenting concepts and a number of $23,000,000 as a basis is the way to do it. I would
discourage you from doing that. When the Concerned Citizens wanted to write a new Ordinance,
two thirds of that Ordinance concerned our issuing bonds and borrowing money and it turned a lot
of people off. I think they will be distracted from your main accomplishment if it gets out that we
want to borrow money or issue bonds, even though you are not thinking about that right now. I
don't think you have to go out and put on a "dog and pony show". I believe a letter is sufficient.
You don't put out a letter asking what would you like us to do, but a letter saying that your
Equivalent Residential Unit Assessment is going to be increased because we have decided to
raise the reserve level from $1,200,000 to $4,000,000 and it is going to take $300,000 a year to
get there. You tell them about beach renourishment and the.Clam Bay improvements, etc. and
that the overall level of spending is going to be up.
Mr. Sutphin stated, "To clarify my view on short term borrowing, I would certainly rather
not do it unless there is a project of sufficient magnitude that the relatively low cost of the short
term borrowing is more than offset by the desirability of getting it done". It is a working capital
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and is not a long-term financing tool. I don't even consider it debt in the classic definition when
you look at a balance sheet. Most people look at short-term debt as working capital not as
indicative of the overall health of an enterprise. They are very different in my opinion.
Mr. Werner replied, "That may not be so of the other residents".
Mr. Sutphin stated, "People have said why don't we do it like condominiums"?
Condominiums don't have a choice, isn't that correct Mr. Ward?
Mr. Ward replied, ''That is correct, homeowners associations do, but not condominium
associations" .
Mr. laizzo stated, "It is not necessary, but it is good sense".
Mr. Domenie stated, "I have been very critical of the $23,000,000 figure, but I agree any
letter sent out should not mention any dollar figures". The letters should just indicate that we are
looking at how to improve the underlying assets of Pelican Bay to keep it the way it was when you
bought it and to keep it in the forefront. Say that the specifics are being discussed. I also feel
that for the next two years we should not borrow, just increase the assessment for that year, plus
we will have specific programs that we can say we are raising their assessment to cover.
Mr. Sutphin stated, "I am going to present the Board with an option of having assessment
levels that go up and down or assessment levels that remain relatively constant with an
occasional use of a short term cash infusion, to get something done in a timely manner".
Mr. Carroll stated, "I don't think you can go out to the residents without providing any
numbers". We are thinking about raising their assessment $300.00 a year and the kind of people
we have in Pelican Bay are not going to say that is fine. They are going to want some kind of feel
for where this is coming from. When I talk to people about this, the $23,000,000 sounds very
large. You divide that $23,000,000 by ten years and you are down to $2,500,000 a year; divide
that by 7,000 people and the result is $300.00, which does not seem to shock people. I am not
afraid of giving them some numbers to back up a $300.00 increase in their assessment.
Mr. Sutphin stated, "In one of my conversations with Mr. Petty after the last Board
Meeting, he mentioned a total value of Pelican Bay assets that the Division is responsible for".
Mr. Ward, do you have that number?
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Mr. Ward replied, "No I don't".
Mr. Sutphin stated, "Mr. Petty had mentioned $250,000,000". Does that sound like it
could be in the ballpark?
Mr. Ward replied, "No, I can't see how he came up with that number". I have a number in
my head, but like the number I threw out for office restoration, I am not going to do that again.
Mr. Nordhoff stated, "There was an estimation in Commissioner Halas' seven page letter
of annexation, for homes and condominiums".
Mr. Sutphin replied, 'We are talking about publicly owned assets". The point I was trying
to make is that if the numbers are sufficiently dramatic, reinvesting $2,000,000 a year to preserve
a very large asset base is something most people can relate to.
Mr. Staros stated, "It might be effective in this letter to refresh everyone's mind how much
we do spend every year".
Mr. laizzo stated, "Tell them about our assets and that they have to be maintained".
Mr. Staros stated, "Tell them that we are celebrating our twenty-fifth anniversary and that
things are wearing out and we need additional funds, just because the average person may not
be focused on this". Any letter without that is just a letter. You have to give them something
showing what is normally spent, we are twenty-five years old and we are thinking that we are
going to up the ante a little.
Mr. laizzo stated, "It is not so much the money, they need to know the approach you are
going to use to replace the assets and infrastructure".
Mr. Sutphin stated, "Something that also struck me was the title "Community Asset
Preservation program". When you stop and think about it that is really what we are talking about.
We are not talking about changing Pelican Bay we are talking about preserving it. If you have a
factory you have to reinvest in your plant and equipment to stay competitive. I like this as a title.
The Mission and Objectives are really the guts of what I feel we want to communicate.
Mr. Carroll stated, "This needs a whole lot of work if you are thinking about using ir.
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Mr. Sutphin replied, "I am just referring to the title". Anything that goes out to the
residents has to avoid terms that we accept as jargon because we are used to them, like ERU.
Most people are not going to know what an ERU is.
Mr. Carroll stated, "Don't use "Uninsured Assets" because that will scare the heck out of
them".
Mr. Sutphin stated, "The jargon means something to us, but it might scare people".
Would anyone like to volunteer to draft a letter to the community?
Mr. laizzo stated, "I already have something that I would not mind using".
Mr. Sutphin stated, "I think your approach has a lot of merit as a method of execution".
Mr. laizzo stated, "I want an approach that the residents will be comfortable with".
would like to see the community do its' own work. I want to see this community do some work
and some volunteers to come forward.
Mr. Carroll replied, "Good luck".
Mr. laizzo replied, "You will find them". They would be volunteers to do what I am doing
here. They would identify/photograph and record all components or integral parts that embody or
make up the community infrastructure. Estimate and record its' replacement by time and date.
Establish a cost range for each replacement and its' life expectancy. Identify new locations for
enhancement add-ons. Establish a cost range for each new enhancement and its life
expectancy. All would be presented for Pelican Bay Services Division approval and
authorization. All mailings should include a response/post card to the above proposal/plan. I
think that is straightforward and it gets the community involved and provides volunteers to do the
work. There are plenty of volunteers that do Foundation work and we can do the same for the
Services Division.
Mr. Domenie stated, "That is what this Board does". We do not take pictures, but we
have identified the projects.
Mr. laizzo stated, "You have not identified anything". What we have done is too vague
and too costly. What we need to do is identify specifics that we are going to replace. You can
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improve and go a step up. Enhance is something that did not exist before. Enhance means to
add something that we didn't have prior.
Mr. Domenie replied, "You have identified some things".
Mr. laizzo asked, 'What"?
Mr. Nordhoff replied, "The list that was prioritized".
Mr. Domenie stated, "Round-a-bouts, water features, widening of streets are three items
that have been identified".
Mr. laizzo stated, "I want to improve what is in the community, not something that we are
going to add". Let's improve the community and if there are still dollars that we want to spend, we
can add, if it is necessary.
Mr. Sutphin stated, "Everything that Mr. laizzo has said is outside of what I think the
approach should be, but this isn't the time in the process to do it". I think the methodology that
you are proposing, in an ideal world might work, but not in an environment where we can't talk to
each other outside of a public meeting.
Mr. laizzo stated, 'We could institute a staff and let them do the work".
Mr. Carroll replied, "That is against the Sunshine Laws". I have gotten shot down on that
three or four times. I wanted to set up a meeting and have one or two outside people because I
felt they had the real expertise. I called the County Attorney and there is no way I could do it. It
is terrible, but that is the way it is.
Mr. Domenie stated, "Individuals can set up a meeting and come and report what they
think to you".
Mr. laizzo stated, "That is what I am suggesting". We can establish a group of
responsible people.
Mr. Domenie stated, ''That is what is being said, we cannot do it".
Mr. Werner stated, "Even Mr. Ward said that when we wanted to appoint Mr. Spanier as
a one-man committee to work with Mr. Ward to study the traffic issue". Mr. Ward recommended
that it not be done that way because it made his meetings with Mr. Spanier subject to the
Sunshine Laws". I think that would apply to your volunteers.
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1 611
Mr. laizzo stated, "I will volunteer my time with Mr. Lukasz to go out and do that work".
Mr. Nordhoff stated, "I think Mr. Lukasz' people do that". Different people do a lot of this
work during the course of their operations.
Mr. Carroll stated, "Maybe the only way we could continue is for Mr. laizzo to just do it
with Mr. Lukasz".
Mr. Werner stated, "You could do it but we could not appoint you as the committee, or
that would make you and Mr. Lukasz subject to the Sunshine Laws".
Mr. Sutphin stated, "Sticking with the issue of communicating with the residents, it was
mentioned a meeting or two ago that a special edition of the Pelican Bay Advisor might be
appropriate". The advantage is that we could have it done glossy and perhaps have it included in
the Pelican Bay Post. Saving the postage would offset the cost of production and we could come
up with a classier looking document.
Mr. Staros asked, "As a stuffer that goes with the paper"?
Mr. Sutphin replied, "Yes".
Mr. Carroll replied, 'We tried that and they will not do it". They will accept no inserts. The
idea of another edition of the Advisor in the quality that was done the last time is the way we
ought to go and will cost $6,000-$7,000, but this is a big deal.
Mr. Nordhoff stated, "You have already written this piece in the paper and now all you
have to do is organize it".
Mr. Werner stated, "I will try to piece together a letter and send it over".
Mr. Sutphin stated, ''This letter has to express the desires of the Board". The Board
approved the Mission and the Objectives with the only discussion being how to implement
programs to support that Mission. Once we have decided on that we will come to the formal
budgeting process to make sure that whatever we do is done in the most cost effective manner
possible. We are not at that point and maybe some of you think I don't care about costs, but
believe me I do.
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Budget Sub-committee
February 18, 2004
1611
Mr. Carroll stated, "Mr. Werner just suggested that he was going to provide a letter to
Mrs. Smith, it could be that each of us could put that into the system and you could come up with
the overall letter" .
Mr. Roellig stated, "One draft and to massage that draft would be the best way". I don't
think you can take a paragraph from each person and make up a letter and I think it is premature
to do it at this point.
Mr. Spanier stated, "There is no outcry in the community at this point for an expose' of
what this Sub-committee has been doing". You have to keep in mind that for good and sufficient
reason, we all converged at this level and then the Board got onto the idea that we must
implement a targeted increase in taxes in this community. We are going to implement that very
soon on the Pelican Bay time scale. Within a few months most of the community will be going
home, we will be entering the front end of our actual budgeting process and will be going out the
rear end with an increased assessment of approximately $300.00 Our letter has to prepare the
community, by very succinctly coming to a final restatement of what we have been doing and
starting the next Fiscal Year we are going to have to shoulder an assessment increase of
approximately $300.00. I think when you have to write a sales letter you have to pre-sell the
notion of that increase as something constructive, proactive and of tremendous importance. That
is what the letter has to do. It can't massage our egos. Let's pre-sell the idea that for good and
sufficient reasons set forth in this letter we are going to have to face up to our obligations as
responsible tax payers and prepare for an increase in assessments beginning in the next fiscal
year.
Mr. Werner stated, "If you could to a Reader's Digest version of that it might be more
appreciated". I would stay away from the $300.00. I don't think we are going to need anything
near that and that figure was based on assumptions and some of the major programs targeted for
Fiscal Year 2005 are not going to happen to that degree. I would couch it in as general terms as
possible that we want to build a reserve and upgrade the community.
Mr. Sutphin stated, "I will take a shot at coming up with a draft that the Board can
consider". I would appreciate that any and all of you that are willing; send inputs to Mrs. Smith
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Budget Sub-committee
February 18, 2004
1611
that you feel would be appropriate. I love to plagiarize and it would be most useful if you could
send them to her bye-mail for the simple reason that I could cut and paste it to a word processor,
which makes what I would like to do infinitely easier.
Mr. Carroll asked, "Are you leaning away from addressing coffee groups or condominium
associations"?
Mr. Sutphin replied, "Not necessarily".
Mr. laizzo stated, "I think the letter that is being put together is more important than
addressing the groups".
Mr. Sutphin stated, "If the Board of an association, not the general membership, would
like to be brought up to speed on our thinking that might be useful". Present to smaller groups
and groups that communicate laterally throughout the community as opposed to larger
audiences.
Mr. Spanier stated, ''The President's Council is a ready made network".
Mr. Sutphin stated, ''That is basically what I did at Bay Colony". Their Board of
Governors represents the president of every condominium and homeowners association in Bay
Colony.
Mr. Carroll stated, "I know that you are concerned about the timing of this in relation to
the season". If we take this to the Board in early March it still gives us a little time to get this out.
Is it your thinking that this letter can go out right after that Board Meeting?
Mr. Sutphin stated, "Absolutely, as soon as the Board approves something why not get it
out". The more time we have to get feedback from the residents, the better job we can do of
understanding their concerns and answering questions.
Mr. Roellig stated, '" would try to keep that letter to one page". Not many people read
one page and you will cut that down to 5% if it is five pages.
Mr. Carroll stated, "Don't make the print too small".
Mr. Sutphin stated, "My only suggestion is a one page letter, which will get more attention
than a multi-page letter, with a spread in the Pelican Bay Post Advisor, with something that gets
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Budget Sub-committee
February 18, 2004
1 611
distilled out of the Mission and Objectives". I will take a stab at it and have it ready for the Board
in a couple of weeks.
Mr. laizzo stated, "I want to read two sentences right off the top of my letter". It helps to
identify the community to a person's property. "The Ten Year Capital Projects Plan for improving
our community and a "top Tier" image is a fine idea and sound concept. It is no different than
renovating ones' condo unit or home after so many years of use". We should say that when it
comes to planning our future the Sub-committee would identify and replace. over time, those
elements that make up our community infrastructure. Then they can identify how we will replace
these items.
Mr. Staros stated, "Using that theory, you don't tear out Formica and replace it with
Formica, you generally upgrade to Corian or granite".
Mr. Sutphin replied, '" appreciate your input". The last item is food for thought. The last
iteration of the Power Point Presentation that I received which I didn't think we had time to look at
today, I don't believe now suits the communication vehicles that we want to pursue. It contains
the idea of adding a staff person to the organization, to be the long-term overseer of the
Community Asset Improvement Program. The thought behind it is that Board's come and go and
if we embark on a multi-decade program there needs to be some continuity. Mr. Ward, would you
like to speak to that?
Mr. Ward replied, "Mr. Sutphin and I have discussed this over the past few months with
regard to a long-term capital improvement program and to ensure that there is continuity in the
program there needs to be someone to ensure that whatever gets done is in a timely manner,
funded correctly and to keep the entire program moving forward. I suggested a number of ways
in which to handle it and the suggestion made by staff was to have an individual on staff to help
with that is an important element of this project.
Mr. Sutphin stated, "I wanted to get that idea out and I wanted to ask Mr. Ward to bring a
draft of the job description and an estimated cost of what it might be to add this resource to the
Board for consideration".
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Budget Sub-committee
February 18, 2004
16.1
Mr. laizzo stated, "That doesn't excite me". I want to identify all of the items that make up
this community, end of story. Once that is documented, we don't need staff to continue this
project.
Mr. Nordhoff stated, "If you want new things they are not there to be identified now".
There are no pavers or water features.
Mr. laizzo replied. ''Those are enhancements and are not replacement items". I am
talking about infrastructure replacements. If you want to add in enhancements, that is another
issue that we can address separately and they will know that it is an added cost and not an
improvement to something that already exists.
Mr. Sutphin stated, 'What I would like Mr. Ward to think about is that this might be a first
opportunity to share a closely related cost function with the Foundation". The Foundation will
continue to augment a code enforcement and review department and we have the need to do
something. I think it might be in our interest to share the cost of the staff person who would look
long term at the facility and amenity requirements for the Pelican Bay community.
Mr. laizzo stated, "Maybe a permanent person from the Foundation might want to work
with us on that".
Mr. Sutphin replied, "That is fine".
ADJOURN
There being no further business, the meeting adjourned at 2:55 P.M.
Christopher Sutphin. Chairman
195
1611
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emorandum
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To:
Pelican Bay Services Division Board
From:
Barbara Smith
Date:
April 1, 2004
Subject:
Pelican Bay Services Division Board Agenda Change
A late change was made to Item 7, Community Issues, Pelican Bay Boulevard
Resurfacing, after the Agenda Packages were assembled and Ms. Diane Flagg will be
attending the meeting.
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Pelican Bay Services
1611
COllIER COUNlY 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 THAT THE PELICAN BA Y SERVICES DIVISION BOARD WILL HOLD A PUBLIC
MEETING ON WEDNESDAY, APRIL 7, 2004 AT 2:30 P.M. AT THE COMMONS, 6251 PELICAN BAY
BOULEVARD, NAPLES, FLORIDA 34108
AGENDA
1. Roll Call
2. Approval of the Minutes of the March 3,2004 Regular Meeting
3. Election of Chairman and Vice Chairman
4. Public Participation
5. Chairman's Report
Meeting with Robert Lee, Manager, City of Naples
Responses to my letter regarding Asset Preservation Program
Meeting with Commissioner Frank Halas and Leo Ochs
Foundation Board Meeting issues of interest
6. Sub-Committee Reports
Budget Sub-committee
Consideration of revision of Mission and Objectives per Chris Sutphin
Memorandum of 3/30/04 (if other Board Members desire to do so)
Presentation of Step II Capital Plan - James Ward
Summarize ground rules for Step 111 Budget preparation
Clam Bay Sub-Committee
Clam Bay Annual Monitoring & Improvement Schedule
Interior Channels
Beach Renourishment
7. Administrator's Overview
Capital Projects
Gulf Park Drive Irrigation and Landscape Improvements
Oakmont Lake Bank Improvements
Design and Bid Package
Community Issues
Pelican Bay Boulevard Resurfacing
Sidewalk Overlays and Repairs
Crosswalk at North Tram Station
8. Committee Requests
9. Adjourn
All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the
board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or
quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal
is to be based. 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 Pelican Bay
Services Division Office at 597-1749.
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16'1
PELICAN BAY SERVICES DIVISION BOARD MEETING
March 3, 2004
Naples, Florida
LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular
Session on this date, March 3, 2004 at 2:30 P.M. at the Hammock Oak Center, 8962 Hammock
Oak Drive, Naples, Florida 34108 with the following members present:
Mr. James Carroll (Chairman)
Mr. Glen Harrell (Vice Chairman)
Mr. M. James Burke
Mr. John Domenie
Mr. John laizzo
Mr. David Nordhoff
Mr. David Roellig
Mr. Donald Spanier
Mr. Edward Staros (Absent)
Mr. Christopher Sutphin
Mr. George Werner
ALSO PRESENT: Nine (9) Pelican Bay residents; 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 February 4,2004 Regular Meeting
3. Public Participation
4. Chairman's Report
Letter to Pelican Bay property owners
Update on annexation issues
Postponement of staff relocation to the Commons
Foundation Board Meeting issues of interest
5. Sub-Committee Reports
Budget Sub-committee
Review, wordsmith and approve one page letter to be sent to
all Pelican Bay property owners
Review design criteria for "Top Tier" designs for Oakmont
Linear Park
Agree on ground rules for Budget Sub-committee in
formulating Step II Capital Plan
Planning Process - Next steps
Clam Bay Sub-Committee
System III & IV - Cattail Area Restoration Plan
Beach Renourishment - Status and TDC Funding Application
Clam Pass Interior Channels
Clam Bay Annual Monitoring & Improvement Schedule
6. Administrator's Overview
Capital Projects
Gulf Park Drive Irrigation and Landscape Improvements
Community Issues
Pelican Bay Boulevard Resurfacing-April ih Board Meeting
Sidewalk Overlays and Repairs
Easement Encroachment Request - 700 Bobwhite Lane
Current Plan Reviews
Pelican Bay Community Center
The Cannes at Pelican Bay
7. Committee Requests
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Pelican Bay Services Division Board
March 3, 2004
1611
Discussion of Traffic Counts for Pelican Bay Boulevard - Donald
Spanier
8. Adjourn
ROLL CALL
Mr. Carroll asked that the Record reflect all members present with the exception of Mr.
Edward Staros with an excused absence.
APPROV AL OF THE MINUTES OF THE FEBRUARY 4. 2004 REGULAR MEETING
Mr. laizzo moved, seconded by Mr. Domenle and approved
unanimously the Minutes of the February 4, 2004 regular
meeting.
PUBLIC PARTICIPATION
There were no public comments.
CHAIRMAN'S REPORT
LETTER TO PELICAN BAY PROPERTY OWNERS
Mr. Carroll stated, "The first thing on the agenda is the draft of a letter that I have
composed and would like to have the Board agree to or to modify as you would like". I would like
to send this letter and several attachments to all of the residents of Pelican Bay. I feel that there
is a need to communicate with the residents about the Service Division's activities and what we
do in some detail and then try to relate that to the question of annexation and how we, as a Board
or as a Board Member, should conduct ourselves as the question is raised about the adequacy of
the services that would be provided if we did annex. I also thought it was timely to include two
attachments. One attachment is the letter that Mr. Sutphin has composed. Ten of our members
attended the last Budget Sub-committee Meeting and Mr. Sutphin was left with the charge of
preparing such a letter. It would be my intention to include that letter as an attachment to my
letter. As you see in my letter, I do comment that such an attachment is included, is important
and that they should read it. I have one other attachment that-I suggested we include and that is
the Memorandum that I read at the Town Hall Meeting a week ago, regarding the eight points that
I thought would be wise for the County to address. You have seen this Memorandum and I
thought the people of Pelican Bay would benefit by seeing the things that we in the management
5553
Pelican Bay Services Division Board
March 3, 2004
I 6111
of Pelican Bay feel needs to have addressed. Mr. Mudd and Commissioner Halas have had this
for approximately eight days and I have not been able to check off any of the items yet. That is
the meat of the first item on my agenda and I would like to hear any comments you may have
about sending the letter out. I realize that this is a $5,000-$6,000 charge to send out a mass
mailing like this, but I feel that it is important for the people of Pelican Bay to know that we are
addressing the issue of the things that the Services Division does as this annexation question is
before us. I will ask for any comments or suggestions.
Mr. Sutphin stated, "In terms of cost, I believe the Board had agreed and the Budget Sub-
committee certainly feels that it is virtually mandatory that we send something out to the
community on our proposed capital plans and therefore, the cost would be incurred anyway".
Mr. laizzo stated, "The Mission, "Preserve and enhance property owners value", I do not
agree with".
Mr. Carroll stated, "We are talking about my letter".
Mr. laizzo replied, "Your letter is fine with me".
Mr. Roellig stated, "I have a problem with the letter because I was under the impression
that we were going to stay out of the annexation issue and let the Foundation and the Pelican
Bay Property Owners take the lead". I feel quite uncomfortable being the first to broach it to the
community in a letter, especially since we are a Division of the County. As for the attachment
about the problems in Pelican Bay, most of them do not relate to the Pelican Bay Services
Division. If the Foundation and Pelican Bay Property Owners have problems, that is where the
communication should come from. I am very uncomfortable in taking a side on this annexation
issue at this time.
Mr. Carroll stated, "I am very uncomfortable in not acquainting the property owners with
the whole issue that has to do with the Services Division". As you can see this was all directed at
what we do and my concern for how the City of Naples would handle those services. I am not
dealing with the other issues.
Mr. Roellig asked, "How do we know that, are we in negotiation with them"? I am not in
favor of the letter.
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Pelican Bay Services Division Board
March 3, 2004
161.1
Mr. Spanier stated, "I think everything is this letter is relevant and on point". However, it
seems to me that the most complicated aspect of this whole issue, from the point of view of a
resident, is that no matter how many times we may repeat or reiterate it, 1 do not believe it is clear
what our relationship is to the County, the community and our degree of independence. Literally
we know that we are essentially an Advisory Board of the County Commission, with certain
administrative functions. A Letter of Understanding attached to the last piece of legislation that
affected our responsibilities is a statement of good intent, but is not binding on future County
Boards or anything else. I think that the thrust of this letter should be that these are vital functions
presently under the purview of the Services Division; that they are vital and must continue to be
performed; that the reason we have the Services Division is that past County Commission and
government have not seen fit to finance and administer these vital services to the satisfaction of
the residents of Pelican Bay. Therefore, in considering annexation, I believe our focus must be
on how these functions will continue to be performed. I don't believe Commissioner Halas or
anyone has ever said that they would continue to perform. It is clear that they would like us to
stay in place, but part of the dialog that has to go on is how are we assured as Pelican Bay
residents that this envelope of services will be safeguarded and continued. I think that should
come out in this letter. I have drafted a letter that succinctly states the scope of that envelope of
services.
Mr. Sutphin stated, "I agree with parts of what Mr. Spanier and Mr. Roellig have said".
don't think that we as a Board should take a position, pro or con annexation and I don't think your
letter does that. I think it is very much our job to keep the community informed from our
perspective as to what annexation means. Our perspective is as a provider of services. I think
that we would be remiss in our responsibilities to our constituency if we do not keep them as
informed as we are able to do within reason.
A mailing iterating to the community our
responsibility as a provider of services is in order at this time. With certain modifications, I
support sending the letter.
Mr. Harrell stated, "I agree that we need to inform the public and I don't think we need to
take a position on annexation". It is not that the County would not provide us with the upgraded
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Pelican Bay Services Division Board
March 3. 2004
1611
services; they could not provide us with those services. It was not their choice.
It is interesting
to find out the level of service, without this body, that the City of Naples would provide and I think
the residents need to understand that. It is also interesting that this letter is going to go to far
more people than will have to make that decision.
Mr. Carroll stated, "You have to recognize that Commissioner Halas wrote a letter also,
which also went to those same people and I do not feel that it informed them in any detail about
our services".
Mr. Domenie stated, "At the end of the first paragraph, "Of course my interest as
Chairman of the Pelican Bay Services Division is focused on service they provide for you and "if"
these services would change if we were annexed into the City of Naples". That is basically what
you are trying to say, but we do not answer that in the letter.
Mr. Carroll replied, 'We have no idea". I guess it is my thought that in order to pursue
the answers to the questions that I raised, Mr. Ward and 1 would have to go down to the City and
sit down with the Manager and whoever on his staff would seem appropriate and go down the list
to see what they would do. The City is very clear that they have no skill at all in the Clam Bay
restoration and maintenance issue, which kind of sticks out on its' own. There are a lot of other
things that they have not commented on in any detail, except the police. They did say that they
would provide the same police protection.
Mr. Domenie stated, "I agree that this is our position as individuals, but is it the position of
the Pelican Bay Services Division to help Waterside management to obtain the permits that they
need to expand and upgrade"? I thought we had decided that we would not do item eight
because of our position? I am not sure I like the memorandum in the way that it has been
written.
Mr. Nordhoff stated, "I agree with your need to communicate, but I too would leave out
the paragraphs about annexation". I don't think all of us know that much about where we are in
this annexation issue yet and 1 think that saying less is better in this instance.
Mr. Domenie stated, "The opening paragraph refers to it and that is the whole point of the
letter" .
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Mr. Nordhoff stated, ''We are not supposed to talk about Mr. Sutphin's letter, but we have
the whole subject of the Sub-committee expenditures to communicate". I would see the need to
send Mr. Carroll's letter as a cover letter to Mr. Sutphin's.
Mr. Burke stated, "I feel it is a good letter and needs to go out", I don't see any reason to
avoid a reference to annexation because Commissioner Halas sent out a letter stating their
position. I think you are doing the right thing in reminding the residents that there is a big thing
that we are responsible for that can't go away, which is the mangrove situation. I think you are
providing the citizens of Pelican Bay more considerations. I don't read this as saying annexation
or non-annexation.
Mr. Werner stated, "I agree wholeheartedly with Mr. Roellig". I don't think we should be
putting our toe in the water as far as annexation goes. In truthfulness, the way I looked at the
meeting that you and Mr. Trecker attended is that it was pro-annexation. You may have thought
it was neutral, but to me it appeared to be pro-annexation. In your Memo to the Commissioners,
even though we are not discussing that, it obviously said if you don't pay attention the leadership
of the community is going to look toward annexation. The truth of the matter is that I think there is
a very minute chance that annexation could occur and I will tell you why. Fifty percent (50%) plus
one, of the registered voters has to agree to annexation both here and in the City of Naples. That
means that if 55% of the voters turn out, 91 % of those have to agree to the annexation. If 65%
turn out it is something like 77% have to agree to annexation. If 75% turn out, then 2/3rds have
to agree to annexation, both here and in the City.
Mr. Harrell asked, "So it is not a majority of the votes cast"?
Mr. Werner replied, "No, registered voters". I asked the question and that is the reply I
received from Dr. Carter.
Mr. Trecker stated, "That was my original feeling too". We have since gone to legal
counsel and had the statutes investigated and the reading that we now have is that a majority of
registered voters who vote make the determination.
Mr. Carroll stated, "That is a change and a big difference".
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Mr. Werner stated, "I asked the question at that meeting and Dr. Carter's reply was
registered voters". I appreciate the clarification, but here is the problem you get into. You go and
hold the hammer over the County's head and say if you don't give us these services or listen to
us we are going to annex and the vote is not to be annexed, then you are going to be on their bad
list. I don't think it is our place to take a position on annexation as a Board.
Mr. Carroll stated, "This letter has no intention on taking a position on annexation". If you
think there is a bias in the letter, which way do you think it is leaning towards? I tried very hard
not to have any bias.
Mr. Werner replied, "I understand, but everything else that has been done certainly has a
pro-annexation bias". Your memorandum to the Commissioners and Mr. Mudd is certainly saying
if you don't do this, we are going to consider annexation. I don't think that you should be putting
yourself, or this Board, in that position.
Mr. Carroll replied, "You misread my intention".
I was giving Mr. Mudd and
Commissioner Halas a road map for how they could come across to the community in a more
positive way and make the idea of staying in the County much clearer and better. It was not my
intention to threaten them.
Mr. Werner stated, "If there are good reasons why Pelican Bay should remain in the
County we should find out what they are".
Mr. Carroll replied, "That is what we want to know".
Mr. Werner stated, "It sounds to me like we are going to leave if we don't find out good
reasons to stay".
Mr. Carroll replied, "No, just asking what are the reasons"? Come and tell us, please.
That was my interpretation.
Mr. Werner stated, "You make the statement that we have been upgrading and
maintaining Clam Bay with no help from the County".
Mr. Carroll replied, "That is true".
Mr. Werner stated. "That is not true", We get $50,000-$60,000 a year from the County
for maintenance.
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..iIl........
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Mr. Carroll replied, 'Well, okay". I was not thinking of money, I was thinking of effort.
Mr. Werner stated, "If you send your letter out, include street signs".
Mr. Roellig asked, "Can we ask Mr. Trecker what he is planning on doing for the
community or why we are taking the lead on this issue"? Are they going to wait until the end of
March?
Mr. Trecker replied, "Nothing has changed since the Town Hall Meeting". We consider
that we are at the very beginning of this process. There are two presentations scheduled for next
week, one before the President's Council and the Men's Coffee. A major piece will go out in the
early April edition of the Pelican Bay Post. We will be taking the soundings of the community in
three different ways by three mini-surveys. One survey through the President's of the various
associations, the second through a mail in from the Pelican Bay Post and a third, electronically,
which will be an interesting test, using our interactive website. Once the sentiment of he
community is gauged, then the Foundation will make a judgment as to whether the City will put
this on the ballot.
Mr. laizzo asked, 'When are we going to know those results"?
Mr. Trecker replied, "Before the end of April".
Mr. Carroll stated, "As I remember that schedule, you were pointing to a decision around
the first of May".
Mr. Trecker stated, "The first of May will be after the April Board Meeting". Working
backwards from when the ballot has to be printed, we are pretty much locked into that time frame.
Mr. Carroll stated, "As I understand what you are saying, the Foundation is then going to,
in effect, represent all of the people in Pelican Bay and recommend that this item be placed on
the ballot".
Mr. Trecker replied, "Yes, or not be put on the ballot as the case may be".
Mr. Carroll asked, "Is there more discussion needed on this issue; do we want to take a
vote, or do you want me to take the comments and try to work them into some wordsmithing"? I
still feel pretty strongly about needing to communicate to the people about the services that we
provide and what is going to happen.
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Mr. Domenie stated, "But we don't know what is going to happen".
Mr. laizzo asked, "Can you tell me what your intent was when you generated this note to
the residents of Pelican Bay"? Was your intent that we may lose the ability to provide the kinds of
services that we have been providing?
Mr. Carroll replied, "No, the basic intent was to remind them of all of the things that we do
and I don't think most people remember that". Then it was to create the understanding, that we
as a Board if we are going to be responsible to them, what would happen to those services piece
by piece if we went into the City.
Mr. laizzo replied, "Personally I don't think we will lose any ability to continue to provide
the services, regardless of whether we are in the County or the City".
Mr. Carroll replied, "That is your opinion, I am not that confidant at all", I have no
indication, other than statements at a couple of meetings that they provide all of the services.
Mr. laizzo stated, "Another thing is that if annexation did take place. we as a community
may want to take over the ability to provide service for the maintenance for this community". We
certainly could do that too.
Mr. Carroll replied, "I don't know how certain that is". I think that would be part of the
negotiation.
Mr. laizzo stated, "It is not water over the bridge and is a consideration that we may want
to take that responsibility over".
Mr. Harrell asked, "Would it make more sense to let the Foundation run through their
scenario first and then support a side once we know what the public wants to do"? Mr. Harrell
moved that we not communicate the issue of annexation with the property owners in the
community at this time. continue to revise it and monitor the Foundation's straw vote.
Mr. Carroll stated, "I am not sure there will be time to communicate in the time frame that
we are faced with".
Mr. Harrell replied. "There will be a lot of time to communicate if it shows up on both
ballots of the County and the City". By the time we know it is going to be on the ballot and we
know there are going to be ballots cast. there will be plenty of time. There will be a lot of groups
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lobbying both sides. At that time we can get into it if we want to, to remind people of the services
that we do or possibly we will have more answers.
Mr. Nordhoff asked, "Could your motion exclude the Budget Sub-committee's need to
communicate".
Mr. Harrell replied, "I simply wanted to table this letter, continue to revise it and monitor
the Foundation's straw pole".
Mr. Domenie asked, 'Would you object to this letter if it omitted all references to
annexation and was used as a cover letter for Mr. Sutphin's communication"?
Mr. Harrell replied, "I think my motion speaks for itself".
Mr. Carroll stated, "There is a paragraph which refers to the Budget Sub-committee's
activities and in effect raises the question of whether that program would/could continue". That
can be certainly treated as a separate subject.
Mr. Sutphin stated. "I would like to amend that motion to include tasking Mr. Ward and an
appropriate Board Member to spend whatever time is required with the City of Naples
management to understand how provisional services evolve with annexation".
Mr. Harrell replied, "I am not going to amend my motion, but if you want to bring up
something else that would be appropriate".
Mr. Sutphin replied, "I withdraw my amendment".
Mr. Harrell moved, seconded by Mr. Werner and approved on a vote
of 7/3 that the property owner letter be tabled, continue to revise it
and monitor the Foundation's straw vote with regard to annexation.
Those casting the dissenting votes were Messrs. Burke, Carroll and
Nordhoff.
Mr. Carroll stated, "An item in this letter really deals with Mr. Sutphin's subject, which I
think we will allow Mr. Sutphin to handle when we get to his Sub-committee Report".
Mr. laizzo asked, "As we going to address the letter to the County"?
Mr. Carroll replied, "I assume if the letter is not going out this memorandum will not go out
either" .
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Mr. laizzo asked, 'We are addressing this letter to the County, right"?
Mr. Carroll replied, " I gave Mr. Mudd a copy of that Memorandum and I sent
Commissioner Halas a copy".
UPDATE ON ANNEXATION ISSUE
Mr. Carroll stated, "We have covered the update on the annexation issues". All I was
going to do was familiarize you with the schedule that Mr. Trecker just provided you with.
POSTPONEMENT OF STAFF RELOCATION TO THE COMMONS
Mr. Carroll stated, "The relocation was discussed and at the last meeting we asked the
Foundation if they wanted to have us make that move and they did not, so that will not occur".
Mr. Domenie asked, "Can we get an extension on the lease for our present office space"?
Mr. Ward replied, 'We are on a month-to-month lease right now and we will convert that
to a two year lease at this point, which will give the Foundation sufficient time to do whatever they
need to do".
FOUNDATION BOARD MEETING ISSUES OF INTEREST
Mr. Carroll stated, "The only other Foundation issue I wanted to highlight has to do with
the berm wetlands study that Mr. Erwin is doing for the Foundation". Mr. Roellig, I don't know
how tuned in you are with that, but are you familiar with it?
Mr. Roellig replied, "I am aware that they are doing a study and that is the extent of it".
Mr. Carroll stated, "All I recall from the meeting is that on March 22fld there is going to be
a Foundation Sub-committee Meeting on this subject". At that meeting Mr. Erwin will present his
recommendations.
Mr. Kinney stated, "Mr. Erwin will present his first set of findings as it relates to the berm
and wetlands".
SUB-COMMITTEE REPORTS
BUDGET SUB-COMMITTEE
REVIEW, WORDSMITH AND APPROVE ONE PAGE LETTER TO BE SENT TO ALL PELICN
BAY PROPERTY OWNERS
Mr. Sutphin stated, "From the very beginning of the budget planning process, there has
been a desire to communicate with the community". We went as far as to prepare a fairly lengthy
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Power Point presentation, which the Board seemed to feel, was inappropriate. At the last Budget
Sub-committee meeting, which was attended by a majority of this Board, it was agreed that a
letter not to exceed one page in length would be sent to all Pelican Bay property owners. I
drafted such a letter and it is in front of you. There is no need for it to go out over my signature
and it can just as well go out over Mr. Carroll's signature. Since there is not to be a cover letter
from Mr. Carroll, it might well be more appropriate that he do so.
Mr. Carroll stated, 'When the letter was to go out with my letter, I preferred that Mr.
Sutphin author this letter". I did not want to author both of them.
Mr. Sutphin stated, "I heard Mr. laizzo say earlier that he disagrees with the Mission".
lifted the Mission verbatim from what this Board approved.
Mr. laizzo stated, "I think the wording needs improvement".
Mr. Sutphin replied, "The wording is straight from the Minutes and I cannot change them".
Mr. laizzo stated, "Let's look at a few of the words just in case you want to reconsider
that".
Mr. Sutphin replied, "In the interest of saving time, I am leaving town for a week and I
have given Mrs. Smith a bitmap image of my signature in case the letter should go out over my
signature". Anyone can make any changes they feel appropriate. This is my best shot.
Mr. Ward stated, "I would like that input today so that I don't get eleven separate
comments on this letter".
Mr. Nordhoff stated, 'We agreed and voted on the Mission and I don't think we can just
go back and change those words".
Mr. laizzo stated, "A simple change is, "owner and community" is out of whack". It should
read, Preserve and enhance community property", not owner. The next to last line should read,
''which answers the needs of the owners within Pelican Bay", not "answers the needs of the
community". If you just swap those two terms, it makes a little more sense in who we are
addressing. We are addressing a community.
Mr. Sutphin replied, "No, we are addressing the people who pay the bills". This is all
about taxes.
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Mr. Roellig stated, "The third sentence of the fourth paragraph is misleading". I would
suggest that the sentence read, "The cost of this program alone could approach $1 million".
Mr. Domenie stated, "Mr. Carroll, I would suggest that since this is going to all of the
property owners, it should go out over your signature as Chairman of the Pelican Bay Services
Division Board".
Mr. Sutphin stated, "I would prefer that".
Mr. laizzo stated, "The paragraph that reads, "We also plan to significantly increase our
reserves", that whole paragraph could be dropped because it is an on-going program, we don't
know what it is going to cost and we are talking about a significant increase in revenue". Then we
talk about $300.00 per year for the average property owner, which is an additional $300.00 a
year, not the $300.00 average per property owner. If you really want to avoid dollars you should
drop that paragraph and just talk about this being an on-going process, which is still being
discussed and more information is being gathered. I like the term "Community Asset
Preservation Program"; use the acronym "CAP Program" and then drop "top tier".
Mr. Carroll stated, "One of the things I liked about that paragraph was the use of the word
"reserves". It kind of rang a bell with people that we have to have reserves.
Mr. laizzo stated, "If we are going to talk about reserves, we don't identify the dollar
reserve, how much or when or how it will be used". You have to be careful because you have
already opened the dollar purse and once it has been opened you have to be able to complete
your thought. Just say that it is an ongoing program, we want community involvement and we
have identified some of the specific programs such as beach renourishment, the Oakmont Lake,
the ecosystem still needs a lot of attention, etc. You may want to elaborate on the berm area. If
you want to talk about reserves you may want to add that as a thought, but not too public with the
dollars.
Mr. Carroll stated, "I have heard what other Board Members have said about including
the dollars, but it may be clarified that it is in addition to the normal charges".
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Pelican Bay Services Division Board
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Mr. Werner stated, "I like the part about the reserves". I would drop off the last sentence
and leave out the dollar amount, but it is important to let people know that we are going to build
reserves and it is important for us to do.
Mr. Carroll asked, "You don't want to put a dimension on it"?
Mr. Werner replied, "I don't think we are there yet".
Mr. Burke replied, "I would put a period after the word "finalized".
Mr. Nordhoff stated, "I think the money should be left in there and we are kidding
ourselves if we don't tell them what we are thinking about". Otherwise we have to come back
down the road and start all over again. We are thinking about significant big investments here
and I think we have to broach the subject with them.
Mr. Domenie stated, "Place a period after the word "finalized" and leave out the dollar
figure".
Mr. Harrell replied, "I have no further comments".
Mr. Sutphin stated, "I tried to capture, in one page or less, the various comments that
people have made as we moved through this process". 1 thought there was a strong feeling that
the community should know the range of costs we were looking at. I think to leave it out is
negligible.
Mr. Spanier stated, "I agree with the essence of what Mr. Sutphin is saying". If this is to
be other than an eye glazing over statement of things that are of passing interest, I think it does
have to open up the purpose of the letter. The purpose of the letter to me, forgetting the
rationale, is to prepare the community for a significant increase in the amount of money they are
being assessed to upgrade and maintain our physical assets. I think a number has to be in there.
The rest of it is interesting, but this is an official communication from our Board saying that as a
matter of policy we have determined that there must be a significant increase in the money
reinvested in the community and here are some examples of what is about to decay or collapse
that we have identified as a priority. The fact is, in the next budget presented to the community,
this is likely to be reflected as an amount of money, whether it is $300.00 or not, that starts us off
on the appropriate reinvestment. The assessment is going to be debated shortly and enacted by
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this Board. This is our opportunity to prepare the community for it and I don't think we should be
afraid of it. I think we should broach the issue. We know why we are doing it and we have a
rationale, let's state it up front.
Mr. Roellig stated, "I am in the group that says we should include a range of numbers".
Mr. laizzo stated, "The problem is that it is an ongoing problem and we are talking about
dollars". There is still more information coming.
Mr. Carroll stated, "I don't think we need a vote on this and it appears to be 50/50",
Seeing how I am going to sign it, I will take all of your comments into consideration and produce
the letter.
Mr. laizzo stated, "If you are going to talk about $300.00 make sure you say that it is an
additional $300.00".
Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
unanimously to send the letter out over Mr. Carroll's
signature".
Mr. Spanier asked, "Why are we underlining and bold facing so many words in the
letter"?
Mr. Sutphin replied, "I just liked playing with the word processor".
REVIEW DESIGN CRITERIA FOR "TOP TIER" DESIGNS FOR OAKMONT LINEAR PARK
Mr. Sutphin stated. "The next item on the agenda is a presentation which will hopefully
serve two purposes". This will provide the Board and audience the opportunity to look at some
plans that have been drawn for the Oakmont Lake Project that was under funded and a carryover
from the current fiscal year. The design you will see incorporates those enhancements. which in
the opinion of the designer who has lengthy historical experience in Pelican Bay recaptured the
style that was intended during the original landscaping. Equally important, it will give the Board
the opportunity to look at a theme. that if it is acceptable. could be used throughout the
community for the next five to fifteen years as we move forward with future enhancements.
Mr. Ward introduced Mr. Jack Lieber. I have known Mr. Lieber for approximately twenty-
five years and he is the original brain behind the original community design concepts in Pelican
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March 3, 2004
Bay. Mr. Lieber has been the landscape architect for this Division ever since I have been here
and still assists us today. He had done existing wall designs and all of the designs you see have
come from his shop. We can either thank him or blame him, as the case may be, for what has
been accomplished in Pelican Bay to date. With Mr. Lieber is Mr. Ribes and Mr. Eisele, both who
I have only recently been working with on a number of projects, including Pelican Bay. As Mr.
Sutphin indicated, you gave us the charge to do a ''top tier" design for Pelican Bay and we have
chosen Oakmont as the first area. It is important to understand that this "top tier" design is not a
replacement wall design. It is to take a look at the Oakmont area in its' entirety, the wall, the
walkway, the entrance to Oakmont and what used to be called Turkey Oak Park, but is now
called Oakmont Park, to come up with a design that fits in the character of what we started in
Pelican Bay, but move it forward into the twenty-first century. That was the charge to them, but
beyond that I gave them no additional parameters other than to bring Pelican Bay into the
standards that Mr. Lieber felt would be most appropriate for a ''top tier" design for Pelican Bay. I
will allow them to make the presentation to you and I would encourage you to ask questions as
they go through the process. I did have the opportunity to see this presentation last week and I
think they certainly went well beyond my expectations for a ''top tier" design. I also think it is
important to understand that this design is such that you can layer it, take things off of it and add
things to it over a period of time as you deem appropriate. However, it is a concept and a theme
for this community for the next century.
Mr. Ribes stated, "As was stated, Mr. Lieber has been with Pelican Bay since its'
inception". He continues to be with Pelican Bay and tours the property on a regular basis to keep
it as beautiful as it is. The Oakmont Lake Park is approximately a one-quarter mile long lake
between Greentree Drive and Oakmont Drive. There is an asphalt walkway with pleasing
landscape, which is a popular place and is in somewhat disrepair. There are railroad ties that run
along most of the pathways and those ties have substantially deteriorated. When the project was
brought to us it was it was sort of a fix it, do what you can and what do we need to do to bring it
back. We thought about that and finally decided that was not what we were looking to do. That
was a band-aid approach and we felt that Pelican Bay deserved more. What we wanted to do
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when we stepped back and thought about it was that Pelican Bay should consider an overall
theme in which they can evaluate and judge the future projects of refinement that they might be
considering. With that, we began to think about the history of our involvement with Pelican Bay.
When Pelican Bay was developed it was and still is a very beautiful place, Pelican Bay was a
refined, understated community and we feel that is something you would want to carryon into the
future. However, there is something very unique about Pelican Bay and that is the arts and
culture within Pelican Bay. No one has the Philharmonic, no one has the Ritz Carlton Hotel or
Registry Hotels and the beautiful Waterside Shops, but Pelican Bay does. Certainly no one has
all of those together and we call that the arts and culture of Pelican Bay. We feel that is
something that can be built upon. Whatever projects you take on you should stop and think about
that and approach all projects with that general theme of what the project should be. Within that
we feel there may be three options. The first one that we show is called "classical" and the image
is of all the architectural elements, plant materials and all of the different things that would occur
in that would be slightly different. The second option is "contemporary" and would take on a
slightly different look and still is addressing the arts. The third option would be "traditional".
Each one of those would have a slightly different character, but would still capture the arts of
Pelican Bay. That is the basis and foundation by which we started on our design,
Mr. Ribes continued, "I would like to go through the plan very briefly with you to cover
what we were trying to accomplish and how that works on this particular project", I would look at
this as a demonstration project of how that idea of arts for Pelican Bay can be incorporated into a
design. Greentree Drive is the southern end of the project and at that point there is an entrance
garden. The entrance garden incorporates an archway, a fountain and a small amphitheater,
which overlooks the lake and what we call a dancing water fountain system off of the lake. We
incorporated a small platform in that lake that an artist could use as an exhibit to show their work
or a solo violinist could play music on a Sunday afternoon. It would be very quiet, peaceful and
very culturally oriented. As you move along the eastern boundary we are proposing the widening
of the walkways for safety reasons and we bring in different levels. Sometimes you are down
near the lake and other times you are higher. The retaining wall that runs along the eastern side
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:i
is anywhere from one foot to four feet tall and that wall has to be replaced. The materials that we
would use would be directly related to one of these options. The whole experience through this
lake provides an experience of arts and culture. There are a series of overlooks and as you
move through the park you go through different beautiful experiences. There are resting and
sitting areas, places that people can enjoy as they move through the park. Since the area is a
mile or a mile and a quarter in length, we have introduced other fountain features so that no
matter where you enter the park it is a beautiful place. At the northern end of the project, where
the Turkey Oak Preserve is located, we have introduced what we call the "water gardens". At
that location we are requesting that the water table be changed slightly to get some movement of
the water to improve the water quality without changing the storm water management, to create a
situation that creates a very dramatic park like entrance. Everything being done has been
confined to the boundaries of the park as has been defined as your property. This is a very
narrow arched walkway and it is extremely important to balance. making this available to all of
Pelican Bay and at the same time being very respectable of the property of the people who live
adjacent to it. In this case, since this in only twelve to fifteen feet wide, we are showing this as a
long narrow tunnel with hedges on each side so that people moving through it would not have a
great impact on the residents on either side. We have taken that into consideration throughout
the park.
Mr. Ribes stated, "I believe that is the theme behind the park and is a demonstration on
what that kind of theme could do and how this type of design could be responsive to this type of
theme" .
Mr. Domenie asked, "Are you proposing to increase Oakmont Park, where the swings are
located"? Is that being changed?
Mr. Ribes replied, ''That area is the Turkey Oak Preserve". There is very limited ability to
use that because it is a protected preserve area.
M. Domenie stated, "It appears to me that it had been enhanced".
Mr. Nordhoff stated, ''There is an entrance though that area".
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',.
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Mr. Ribes replied, "There are three entrances into the Turkey Oak Preserve". All we have
done, since we were working on the idea of the arts, is that we took the walkway system to give it
some form and in all cases maintain the existing materials. We can't take anything out of there.
There is an area of playground equipment and all we did was change that space into more of a
geometric form and relate it back to the park.
Mr. Domenie stated, "I don't quite understand the water level change". Are you going to
fill that with a dam effect?
Mr. Ribes stated, "We have visited there several times and that end of the lake always
has an algae build up and appears to be somewhat stagnant". We have suggested that without
affecting the storm water management, the lake could be raised six to eight inches and be
retained by a small dam, which would allow the water to spillover and move it to the existing
outfall drain. I believe that would help solve the algae issue. I will leave the demonstration
boards for you to review and there are images that begin to relate to what is occurring in the park
area to give you a feel for what might go into the different areas.
Mr. Carroll asked, "The entrance at Greentree Drive, didn't you have some ideas on how
that would appear"?
Mr. Ribes replied, "The entrance would have an archway with a fountain right behind it".
On the other side would be an amphitheater and view to the lake. This is what we would call the
"classical image".
Mr. Domenie asked, "Is that where the chickee hut is right now or is it further over"?
Mr. Ribes replied, "There is a small bench area with a lean to cover over it right now". It
is very quiet and peaceful and was very popular when it first went in. We strongly believe that all
of the inspiration that created Pelican Bay should probably continue in anything we do in the
future.
Mr. Spanier asked, 'What are the dimensions of the archway"?
Mr. Ribes replied, "I would say that it would be in the neighborhood of ten to fourteen feet
tall and approximately one hundred feet long".
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Mr. Nordhoff asked, "If that is for the 'classical" option and if so, what would replace it for
the "contemporary" or ''traditional'' option"?
Mr. Ribes replied, 'We did not get that far to do all three options". We chose one
because we thought that was a good option to communicate and interact with. One of the
displays provides examples of the difference in the styles.
Mr. Nordhoff asked, 'Would the options offer different materials to withhold the land
where the railroad ties are now"? Would stone or other materials be used?
Mr. Ribes replied, "I would say that would be entirely possible". One option may have
brick and another may have rough fieldstone.
Mr. Domenie asked, 'Will you leave the existing lights or place lights in the walls"?
Mr. Ribes replied, "Our thought on the lighting is that they need to be as invisible as
possible". You can do that in several ways by building them into the walls, or they can become
such a simple element in such a color that you really don't pay any attention to them. For
example, the light that we are showing at the main entrance has such a slim profile that it is not
as noticeable. That would be our approach.
Mr. Ribes stated, ''The last display is another feel of walking along the pathway at the
edge of the lake". A pathway is shown with a low stone wall that takes you down to the edge of
the lake. On the backside it goes up to where you walk at a little higher level.
Mr. Werner asked, "Can you do this all for $300,000"?
Mr. Ribes replied, 'We have not gotten to the cost aspects". We are hoping to get to a
green light from the Board relative to a direction and the idea of a theme and how you might want
to take this idea and apply it to other projects that you might be considering for the future". If that
is something that you want to do, then we need to take it and apply it before we finalize it and
start to put numbers to it.
Mr. Sutphin stated, "I think that what you have seen today is illustrative of a ''top tier"
approach to community enhancement". I think the decision process that the Board needs to go
through is at least a three-level process. The first decision is to approve the concept or not. If the
answer to that is yes, the next step is approving the theme. I happen to like the arts and I think it
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fits beautifully with the image of Pelican Bay and is kind of timeless. Once we get past those first
two decision levels we get down to how much do we want to spend and at what rate. At the third
level be begin to provide the marching orders.
Mr. Len Kalata - Oakmont - "How much input, if any, would the Oakmont community
have with regards to the plan"?
Mr. Carroll replied, "One thing that strikes me is the question of how the entire community
of Pelican Bay shares in this experience". Right now it may be confined to that area, although I
am pleased to hear that there are a lot of people from surrounding areas that experience the lake.
The Oakmont area people are obviously the people with the greatest interest. Mr. Sutphin, was it
your thought that at some point we would get the community to look at these kinds of things?
Mr. Sutphin replied, "If we can find a way to maximize community involvement on a real
time basis, within the context of the Sunshine Laws, I am all for it". This Board meets once a
month and comments bye-mail or mail and attendance at Budget Sub-committee Meetings are
welcome. I don't have a clear view on how to get there.
Mr. Ray O'Connor - Oakmont resident - "Our President, Ms. Sue Crum, is recovering
from a knee operation, and the Oakmont Association represents more than half of the people who
live along the area". I would suggest that if you wish to have input from the residents, perhaps
you might invite the officers to speak before you after you have made your decision about what
plan you think is acceptable. I might point out that you were talking about a role for the MSTBU in
the future if anything occurs with regard to annexation. This is certainly the type of role that
would continue to be within your purview.
Mr. Spanier stated, 'When we talk about recapturing the history and legacy of Pelican
Bay, it seems to me that it would be a mistake to overlook the rusticity of this community".
Oakmont Park and that walk around the lake in its' present deteriorated state and given its
location among the Oakmont, Wateriord and the immediate adjacent homes is fundamentally a
strolling path. It is a very lightly used facility. We examined that last year with the possibility of
eliminating bicycles. It is used primarily by the occupants of a couple of private homes. It is
used for strolling and walking dogs and I think we would be in some real danger, going down the
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present path, of enormous overkill. I don't think that anyone comes to the Oakmont area from
along the condominium developments along Pelican Bay Boulevard or from Bay Colony. It is a
typical small neighborhood park and I would think that in reaching for what we want to do there,
we ought not to get trapped into the possibility of doing a park-along because I don't think it will sit
well with the residents or the usage.
Mr. laizzo stated, "It might hurt other projects that need more attention rather than an
isolated area".
Mr. Spanier replied, "That is correct". This should be modest in concept and cost. It
should not represent a great lead to the level of $1,000,000 or more. Both aesthetically and
historically we could kill the golden goose that we are typing to cultivate. I would urge that as we
move from concept to design to think small.
Mr. Domenie stated, "You have three Oakmont residents here". Do they want to just
express a preliminary opinion of what they have seen? Do you agree with making it a showplace
or do you want to keep it the way it is with small improvements and a place where walkers can
walk?
Mr. Ray O'Connor - Oakmont - 'What we see is very beautiful and I don't think you
would get any argument from the people in Oakmont". It is a very desirous type of environment
that you are attempting to create, but to be able to make a true comment on it we would need
some figures. I don't think you are prepared to provide numbers today. The other thing that I
would be concerned about is that when we put all of the money into the mangroves the people at
this end were hollering that they don't see the mangrove, what do we care if they go down the
tubes? Those people had to be convinced that whatever affects Pelican Bay affects your
property values. If you are going to come in with a substantial number to beautify a small area of
Pelican Bay, you are going to have to justify it to the rest of the people in Pelican Bay, that it is
going to enhance their property values. I, living in Oakmont, would love to see it because that
would enhance my property value, but at the same time I realize that I don't want the rest of
Pelican Bay looking at us with some sort of disdain that we are spending all of this money and
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what about the rest of us? I would caution you not to get into that type of a trap. As far as the
concept, I think it is beautiful.
Mr. Carroll asked, "Do you have a feeling for that"?
Mr. O'Connor called, "Ves I do, I think people who live in the adjoining communities
certainly use it to walk and walk their pets". The more you beautify it, the more traffic you are
going to get. Vou could make a case that it is for community benefit. Once again, you have to
weigh the benefit against the cost.
Mr. Sutphin stated, "Mr. O'Connor, you made a very interesting statement, in that you felt
it would enhance your property value". Do you feel that view is shared by a majority of residents,
that investments of this type do in fact enhance property value?
Mr. O'Connor replied, "As far as I can tell with the Okamont people, we always felt that
things that do not enhance our property value are more familiar to us at this point". The end of
Oakmont Boulevard has been a contention and allowed to deteriorate and we feel the impact on
our property value. If you allow Oakmont Lake to deteriorate any further that is going to have a
negative impact. This project, or anything like it, would certainly enhance the property values. I
would suggest that the argument has to be that it is not only going to affect the property values of
those in the immediate area, but when you drive in and see that beautiful entranceway it is just
going to make the property that much more desirable. Desirable property certainly brings up
prices.
Mr. Sutphin stated, "I appreciate your comment". At the end of the day that is the
primary rationale for everything we do.
Mr. O'Connor stated, "That should be the primary rationale for all three organizations
within Pelican Bay". We really should be working to make this a better place to live and to
increase, or at least protect, our property values.
Mr. Carroll stated, "Vou have helped". If we are going to do something in other areas we
could follow that same theme. The fact that we are enhancing this area would hopefully influence
what we do elsewhere.
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Mr. O'Connor replied, "I agree and I think that is why the Pelican Bay Property Owners
and other organizations were so anxious to have the Waterside Shops improved". We all knew
that if anything happens to the Waterside Shops it is going to impact all of Pelican Bay. If
Waterside Shops or anything else is made more attractive, it is going to help all of us and is going
to warrant other neighborhoods in the area to do something similar for their own properties.
Mr. Carroll asked, "Do we need a motion on something"?
Mr. Sutphin stated, "I want to make sure that I share my thinking with the rest of the
Board". When I say concept, it is this type of project, meaning what it is that we are looking for. It
does not mean that we would do everything in that proposal around Oakmont Lake next year or in
the next two years. It means that future projects would have design specifications at this level.
That is the first decision that I am looking for.
Mr. Werner stated, "I am going to hate myself in the morning, but I agree with Mr.
Spanier". I particularly like Mr. laizzo's phraseology of "unpretentious elegance" of the
community. By doing this project this takes the "un" out of "unpretentious".
Mr. Harrell stated, "I tend to agree that this reminds me of what we used to call a
"promenade" and is more grandiose than I think it should need to be". I tend to disagree that we
are an arts community, although the Philharmonic and the arts are very important. A third of our
entire community is wilderness and nature and I tend to think that is more comfortable to me.
This project is classical and I tend to think a little more traditional in terms of Pelican Bay. I see
Pelican Bay as a naturalist rather than some other view. This may be not the place for this big of
a plan. The people who are still complaining about cattails will burn us at the stake if we do this.
Mr. Carroll stated, "I don't agree". We could go over to the cattail area and do the same
thing.
Mr. Harrell replied, 'We might have to".
Mr. Carroll asked. 'What's wrong with that"?
Mr. Harrell replied, "This particular idea, when I started seeing some of these more
classical elements I felt a little uncomfortable with it as being fitting with the community". I felt
there might be another attack to go to. The idea of making it better than it is now is absolutely a
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champion. Maybe we ought to look at all of the areas. I just wanted to provide a comment about
the design style.
Mr. Roellig asked, "Is there any order of magnitude for the costs"?
Mr. Sutphin replied, "High", I don't want to take up too much more time, but if we don't
come to some decision, the budgeting process is going to grind to a halt very quickly,
Mr. Nordhoff asked, "How much more do we have to do to get numbers"? We are
eventually going to want to know costs.
Mr. Sutphin replied, 'What I see here is a design approach that can take you to any level
you want to be", The designer would come in with a proposal after you have decided what theme
you want and we haven't gotten to that yet. That decision would get you between one and fifteen
statues, at a cost of anywhere from $5,000-$20,000 per statue, kind of like a Chinese menu. In
order to prepare the menu we need to know what kind of food you want and we are still debating
that issue.
Mr. Carroll asked, "How do we move this forward"? We have to repair the wall. We do
need a beginning point. You are saying we are not going to do the entire project now.
Mr. Sutphin stated, "There is no intention of making Oakmont Lake appear like that plan
in the foreseeable future".
Mr. Ward stated, 'What Mr. O'Connor said was the most on point today'. We have talked
about setting a Mission for Pelican Bay to be a "top tier" community in Florida. We have talked
about the fact that in order to be a "top tier" community we have to spend dollars to achieve that
goal. We talked about the fact that in order to do all of these improvements, we need to try to
increase property values throughout this entire community. This is the first small project within
the community that is "top tier". The designers have indicated that we are sort of doing this
upside down. You usually begin with a master plan for the entire community and from that
master plan and those themes you drill it down into the design concepts that you have in all of the
specific assets that you have. I rather liked it. I don't think it is over the top and was in the
character of what Pelican Bay was when I came here in 1980 and saw what this community
looked like in the context of all of the other Naples communities. It certainly fits the theme from
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what the era was at that time. There are a lot of other areas in Pelican Bay that need to be
master planned. I don't care what we call it. You can call it the lake along Crayton Road or the
lake along West Boulevard or our entranceways. Conceptually what they have come up with may
be at the top of where you want to go, maybe a little more than "top tier", but top of "top tier" so to
speak. Maybe we want to back it down a little from that and take out the waterfalls or make the
pavilion at the entrance somewhat smaller than what has been indicated. From a theme
perspective, from a ''top tier" perspective, I think we either need to recognize that the level of
improvements and kinds of improvements that needs to be done are what you see on the Board.
At the end of the day, if you want to be a ''top tier" community you have to do some of these kinds
of improvements in order to bring this community up to some reasonable standard this year.
Maybe it is not "classical" and a little more ''traditional'', but these are the kinds of improvements
you need to do in order to make property values, not just stay stagnant, but to increase over time.
In order to achieve your "top tier" status this is an important element of those kinds of concepts
and is an extremely important decision that you all need to make in order to make this community
a better place. I strongly encourage you to go this route. Whether you choose to do some of it or
all of it, is important, but doing it is the most important in order to maintain your status as a ''top
tier" community.
Mr. Carroll asked, ''Why don't we see if we agree we are going to move in that direction"?
We are not committing ourselves to the entire plan, but it seems to me that we need to take a
step forward. The Budget Sub-committee is going to have to conceive of what portion of that
would fit into a projection for the budget for next year. The general theme makes sense. Why
don't we agree with it and move forward?
Mr. Burke asked, "Are you talking about a motion"?
Mr. Carroll replied, "Yes".
Mr. Burke stated, "\ am not sure how to word it". I am in agreement with what Mr. Sutphin
is saying.
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Mr. Ward stated, I will help you word the motion; "adopt the concepts embodied in the J.
Roland Lieber Architects plan for the Oakmont Lake Linear Park. Those concepts are themes
and quality of improvements as Pelican Bay's first "top tier" design.
Mr. Spanier stated, "I consider that as a meaningless statement". If we are going to
move forward we have got to set the architects to work on something that combines the three
possible approaches with some numbers. We are getting close to the point where we have to
begin to think about the first module of our capital budget. A motion that I would support would
be one that would authorize some not to be exceeded figure, to put some flesh on this in terms of
Oakmont Lake and the kinds of costs we are thinking about.
Mr. Ward replied, "The problem is that you cannot come up with a "top tier" design with a
fixed number going in. You have to do the design to see if it fits within the constraints of your
budget and move the project forward from there.
Mr. Spanier stated, 'What troubles me is that I think that when you use the term "top tier"
and I use the term "top tier" we are talking past each other". I don't consider this a run down
community that was ''top tier" in 1980. I consider it a twenty-five year old community, of very high
quality, that needs some refurbishing. I am not talking about restoring this ''top tier" status; I
believe it has ''top tier" status. I think the inputs that we make now in terms of capital
expenditures will further implement that statement. I, for one, don't want to change the
community.
Mr. Ward replied, "That is different from what we have been talking about".
Mr. Roellig stated, "I am willing to go along with this if we have a basic estimate and a
large number of options where we can pick and choose the options".
Mr. Sutphin replied, ''That is the intent".
Mr. Domenie stated, "I thought one of the questions that was asked of us was whether
we liked the "classical", the "contemporary" or the "traditional"? Wasn't that one of the questions
that you asked of us or did I misunderstand you? That would affect all of the planning.
Mr. Ribes replied, "It was a question asked for you to give input on the direction of the
design that you felt was most appropriate for Pelican Bay". We were not making a stand on the
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"classical" although we selected that one as an option. It is still out there for you to grasp hold of
and for us to work and interact together to create this theme. Mr. Harrell had stated that he
thought most of the area as wilderness. I don't think that even though we call this "classical" that
we would even consider trying to completely destroy the idea of nature that is also well imbedded
in Pelican Bay. We would try, in all cases, to merge those two because those are the things that
you have. You have the arts and the nature and as they come together, that's what this is. You
have housing and a lake, although it is a manmade lake, it is a lake with a natural quality to it.
The ultimate design would bring those two together. I think what we are after is to get a strong
conceptual direction so that we just don't go in and fix the wall with something, only to find out two
years from now that is not the materials that begin to relate to other things that you are doing.
You really need to have an overriding theme so that we can address those specific things. That
is why we felt a little uncomfortable about designing this and some of the comments you are
making are reflecting on our discomfort. We are taking this a little out of context. It is just one
piece of the puzzle to all of Pelican Bay. Maybe this is extravagant as you are looking at it now,
but you are not looking at the other pieces either. That is what we are trying to get a handle on
so that we can address those issues for you and come up with a design that responds to the
theme that you are trying to achieve.
Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
on a vote of 8/2 to adopt the concepts embodied in the J.
Roland Lieber Architects plan for the Oakmont Lake Linear
Park. Those concepts are themes and quality of
improvements as Pelican Bay's first "top tier" design.
Those casting the dissenting votes were Messrs. laizzo and
Werner.
AGREE ON SOME GROUND RULES FOR BUDGET SUB-COMMITTEE IN FORMULATING
STEP II CAPITAL PLAN
Mr. Sutphin stated. "The next Step of the budget process is to make a series of fairly
short motions that will hopefully receive a second to my motion and then take immediate votes on
those motions".
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Mr. Sutphin moved, seconded by Mr. Roelllg and approved
unanimously that the Budget Sub-committee construct a
Step II Budget with a maximum Increase In assessment of
$300.00 per Equivalent Residential Unit.
~----- -~-------
Mr. Sutphin moved, seconded by Mr. Werner and approved
unanimously that the Step II Capital Budget not contemplate
any borrowing.
Mr. Sutphin moved that reserves only be accrued as projects can be economically
accomplished with funding left over, without exceeding the $300.00 increase in assessment.
Mr. Nordhoff asked, "Can you explain tha!"?
Mr. Sutphin replied, "I don't want to feel that we have to increase reserves by $500,000 a
year and defer capital spending for the sake of reserve accumulation".
Mr. Carroll stated, "Do we need a motion for that"? Is there any indication that there is
pressure on the Budget Sub-committee to add reserves on top of the capital?
Mr. Sutphin replied, "I keep hearing a lot on increase in reserves".
Mr. Werner asked, 'What you are saying is assess the $300.000 and forget about the
reserves unless you have extra money"?
Mr. Sutphin replied, "Yes", This is to give the Budget Sub-committee some ground rules
to use before bringing a budget to the Board that is then going to get picked apart because it
didn't include something that we might have saved a month by agreeing in advance that it is or is
not going to include.
Mr. Domenie asked, "Are you only talking about Fiscal Year 2005?
Mr. Sutphin replied, "Yes".
Mr. Sutphin moved, seconded by Mr. Roejllg and approved
unanimously that reserves only be accrued as projects can
be economically accomplished with funding left over
without exceeding the $300.00 Increase In assessment.
CLAM BAY SUB-COMMITTEE
SYSTEM III & IV - CATTAIL AREA RESTORATION PLAN
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Mr. Roellig
stated, "The cattail plan was reviewed at the Clam Bay Sub-committee
Meeting this morning". The Sub-committee voted not to implement the $1.8 million plan by Turrell
& Associates. Some time ago we had talked about improvements or enhancements to the
fourteen acres cattail area. The consultants reviewed this and came up with a maximum plan to
bring in vehicles to dig out the muck from the cattail area and backfill it with improved material
and re-vegetate that area. The estimated cost, including a contingency, was something over
$1,800,000 for the fourteen (14) acres. I think it is fair to say that the Sub-committee viewed this
as having two problems. One problem was that it was a tremendous amount of money for
fourteen (14) acres and number two, while there is a high likelihood of success, it cannot be
guaranteed. I am reluctant to obligate that kind of money for something we are not so sure that
we can pull off. My personal view is that most of the two acres on the north side appear to be
doing well. In the other areas the cattails have returned and are green. There is some die off,
whether it is from saltwater intrusion or just the yearly cycle is not known, but there is some
browning of the cattails. After reviewing the project and the description, the Sub-committee voted
not to recommend this project to the Board, but to recommend a project that we had discussed in
the past, whereby in future years we could start removing excess materials to keep from getting
into the situation of a heavy load of cattails impeding the wildlife. We don't recommend the
$1,800,000 project and we would be looking at a cost of approximately $50,000 per year.
Mr. Carroll asked, "Do you mean that you don't have a plan in lieu of this expensive plan
to clean up that area"?
Mr. Roellig replied, "The plan that we are looking at is an incremental plan where we
would go in and clean out small areas every year and keep ahead of the cattail problem that
way". There is some saltwater intrusion there, which is causing some die off, but the problem we
have is that there is a lot of community activism. We are not happy leaving the cattails there and
are trying to diminish their size, but we are looking at the various alternatives.
Mr. Werner stated, "We all remember a few years ago when we tried to be proactive and
go in to take the cattails out". Even though we declared victory, the community was not very
happy with it. The Sub-committee has decided to be reactive with respect to this issue. A
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previous suggestion of Mr. Hall's was to remove about one-third of the cattails starting next year.
I don't think it is in any particular location, but they don't want to denude the area. After a certain
number of years cattails become counterproductive. During the first few years they take up
nutrients, but after that they put out more than they take in. The Sub-committee decided that we
are choking on the $1,800,000 plan and we have decided to recommend the removal of one-third
of the cattails on a yearly basis.
Mr. Carroll replied, "That sounds like no plan". Removing a few cattails once a year does
not sound very thrilling to me. I think you have a lot of people unhappy with that whole area and
coming up with no plan at all doesn't feel very good to me.
Mr. Werner asked, "Mr. Carroll, can you explain to me how that area is different than it
was fifteen years ago"?
Mr. Roellig stated, "It was a cattail area, except for what encroachment the native plants
could move into it".
Mr. Carroll replied, 'What is different is that ten or twelve condominiums have been built
right along that area". The residents look down on that area and they don't feel very good about
what they see".
Mr. Werner stated, "The cattails were there before they moved in".
Mr. Carroll replied, ''That's right".
Mr. Werner stated, "That is like moving next to an airport".
Mr. Burke asked, "After we declared victory over killing the cattails, wasn't it the seasonal
high-rise people that came back asking where are my cattails after they looked out their
windows"?
Mr. Roellig replied, ''That was my impression".
Mr. Sutphin asked, "Is this the approach that Mr. Hall discussed a couple of years ago of
simply controlling the cattails as an alternative to removing them"?
Mr. Roellig replied. "Yes".
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Mr. Sutphin stated, "Every so often we would go in and weed out the dead growth and
just accept that cattails are native". It sounded acceptable to me at the time and this was before
we tried to kill them.
Mr. Roellig stated, "I don't have a lot of fuzzy feeling that this plan will succeed and it will
take a lot of time". The $1,800,000 plan would have you going in there with trucks and tear out
the material, backfill it and tear up the berm as well, with no assurance that it is going to work.
Mr. Sutphin asked, "Is your plan to budget the necessary maintenance to control the
cattails versus a capital investment"?
Mr. Roellig replied, "Correct". At our next Sub-committee Meeting, Turrell & Associates is
to come back with a concept plan of how this would be accomplished.
Mr. Sutphin asked, "If you would, try to get some numbers to Mrs. Smith".
Mr. Roellig replied, "I think Mr. Ward can arrange that". With the cattails we have a little
time. Everybody agrees that the cattails are productive for three to five years, so we are still in
that phase and we do not have to do a lot next year. I believe that $50,000 would cover that
expense.
Mr. Sutphin asked, "What about additional flushing cuts, are you going to get to that"?
Mr. Roellig replied, "That is being developed and I don't have that number".
Mr. Werner stated, "There was a miscommunication between Mr. Lewis, who does the
flushing cuts and Turrell & Associates, and the numbers were not available for us today". The
numbers should be available for our next meeting.
Mr. Sutphin asked, 'When is you next meeting"?
Mr. Roellig stated, "There is not one scheduled, but it should be in concert with your
Budget Sub-committee Meeting".
Mr. Sutphin stated, "The next Budget Sub-committee Meeting is scheduled for the 17'h of
March" .
Mr. Ward stated, "I told Mr. Hall I would need the numbers next week".
Mr. Sutphin stated, "These are strictly budgetary numbers".
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Mr. Domenie stated, ''There is no way to even do a test plot of the $1,800,000 program
because the mobilization would be much too costly".
Mr. Roellig stated, ''The community impact with all of the trucks using the berm is not a
clean project". The berm would be impacted and in all probability severely damaged. I am not
sure of what the Foundation study is going to come up with, but I don't see a magic solution to the
problem.
Mr. Domenie stated, ''The only problem is, if we are successful in bringing in salt water,
then there will be a natural die off". We will have to cross that bridge when we get there. All you
would have to do is close the three channels and allow the freshwater to build up a little and it
would be solved again.
BEACH RENOURISHMENT - STATUS AND TDC FUNDING APPLICATION
Mr. Roellig stated, "As indicated in the past, there has been no changes". We have gone
to the County with a proposal for Pelican Bay and the basic plan is in concert with the County
Funding Policy. The permit that has been applied for is that the TDC Funds would pay for beach
funding 100% from Vanderbilt Beach Drive to one-half mile south of the south boundary of the
Ritz Carlton Hotel. From that point, to approximately 1,500 feet south of the Sandpiper, there
would be a cost to this Division of approximately $700,000, based on County numbers. The
status of that is that once the project starts it has to be completed between November 1 and April.
We still have relatively high hopes of getting a permit and that the bids can go out this summer so
that contractors are on board. You may have read in the paper that the Coastal Advisory Board
did have a Sub-committee Meeting because the County was talking about a problem in funding
the renourishment. I pointed out that I did not think that was a problem. The way TDC is set up
now, they have about $10,000,000 in reserves and approximately $10,000,000 in their budget for
projects in this current Fiscal Year and there is no way they will spend more than $50,000 in this
current year. They have approximately $20,000,000 sitting there and at the end of this Fiscal
Year because of projects such as the Vanderbilt Parking garage and $2,000,000 for Lake Trafford
that has been sitting there for six or seven years. They keep putting that project in the budget
every year, but it never happens. It might happen next year. The current people tell us that their
5584
Pelican Bay Services Division Board
March 3, 2004
16.' 1
plan would be that if they get the permit in time, they would go out for bid in late August or early
September and even though the money would not be in hand until the next Fiscal Year, that
would be acceptable. They would make the contract contingent upon the appropriation of funds
in Fiscal Year 2005. The $700,000 plus a contingency would still be a good number.
Mr. Roellig stated, "The Riley encasement contract is coming to an end". There has been
some success and we are just going to let the contract close.
ADMINISTRATOR'S OVERVIEW
CAPIT AL PROJECTS
GULD PARK DRIVE IRRIGATION AND LANDSCAPE IMPROVEMENTS
Mr. Ward reported, "This project is moving along well and the bids came in on budget".
We are currently processing those bids".
Mr. Sutphin asked, "Mr. Ward, on future irrigation projects, we sat through a presentation
on the cost and ecological benefits of drip irrigation". Should we consider writing specifications
for all future projects to incorporate drip irrigation?
Mr. Ward replied, "Absolutely not". We have tried it and it does not work for our
programs". Drip irrigation never did work and isn't good enough for what we do. We have
actually removed it from this project to the extent we used it.
Mr. Sutphin asked, "So what they are preaching for the condominiums is not something
you would endorse"?
Mr. Ward replied, "Not for a program as big as ours". For condominiums they work fine
for what they are doing. A community program where you are dealing with 3.000,000 square feet
of irrigated area, drip irrigation is impractical to use. On the flip side, the system that we are using
is essentially the same system that the golf course has installed, which was presented to the
Clam Bay Sub-committee this morning. We have been able to make it up on the computerization
and the tracking of the weather and the drip irrigation system just does it on a manual basis.
COMMUNITY ISSUES
PELICAN BAY BOULEVARD RESURFACING - APRIL 7TH BOARD MEETING
Mr. Ward stated, "Ms. Flagg has indicated that she will be in attendance at the next
meeting of the Board to review that issue with you".
5585
Pelican Bay Services Division Board
March 3, 2004
1 611
. .-~
SIDEWALK OVERLAYS AND REPAIRS
Mr. Ward stated, ''The Transportation Department has indicated that they will begin the
overlays and repairs to the sidewalks this week", Hopefully that will be finished within the coming
month.
EASEMENT ENCROACHMENT REQUEST - 700 BOBWHITE LANE
Mr. Ward explained, "There are three plan reviews that we currently have in the system".
As you know I normally do not present plans to you where there no encroachments into the water
management system, but your Chairperson has asked me to include these on your agenda for
the future, which I have done for you. Two of the plans do have an encroachment into
easements.
Mr. Ward stated, ''The first encroachment is located at 700 Bobwhite Lane and you do
have a copy of those plans in your package". We have seen this before, but between houses
there are what we call platted utility easements that any utilities, whether it is the County, Florida
Power & Light, Bell South, etc., can utilize to put in facilities to serve the single family properties.
In this particular instance the pool happened to have been constructed between two houses in an
easement area, which is fine because there are no facilities in this particular easement. These
platted utility easements are done well of advance of development, so they are just plans and if
they are never used, so be it. Periodically, as property gets redeveloped, you will tend to see
some owners come back and request that we do a Vacation of Easement and that is what we are
being requested to do in this particular case.
Mr. Ward continued, "It is acceptable to staff and there are no facilities located in the
easement area itself". Because this is a platted easement we would issue a Letter of No
Objection", for the vacation".
Mr. Domenie asked, "If a power or sewer line decides to come through there tomorrow,
do they still have use of that easement or once we have vacated it, that is it"?
Mr. Ward replied, "Every utility is required to provide a Letter of No Objection before it
goes to the County Commission".
5586
Pelican Bay Services Division Board
March 3, 2004
1 6:11
Mr. Werner moved, seconded by Mr. Nordhoff and approved
unanimously to the vacation of the easement at 700
Bobwhite Lane.
PELICAN BAY COMMUNITY CENTER
Mr. Ward stated, ''The second request is from the Pelican Bay Foundation for two
encroachments". One is a roof overhang for the new building that will sit where this building is
and the encroachment is into the lake easement just behind you. It is a small roof overhang for
the new building and secondarily, at the east end of this site is another easement where we have
pipes constructed underground to transport water from one lake into this lake behind you before it
enters the system. The Foundation is requesting that they be permitted to install parking and
landscaping in that easement area, overtop of our water management facilities in that area, which
we find acceptable. The way we do these is the exact same way that we did the one that came
before you for the Registry Hotel and the Trieste in Bay Colony. What we do is enter into an
Encroachment Agreement with the property owner that allows them to put those facilities in that
easement area, subject to certain conditions. It is a standard form of agreement that the County
uses. That is also acceptable to staff and we also recommend that you approve the
encroachments into those water management easements.
Mr. Werner moved seconded by Mr. Nordhoff and approved
unanimously to approve the Foundation's encroachment in
the water management easements".
Mr. Ward stated, ''The third plan is for the Cannes at Pelican Bay". No action is required
on your part unless you choose to do something with it. This is in plan review with the Division at
the moment. We will review it and send the appropriate letter to the County as we have done
with all of the other plans.
Mr. laizzo stated, "On page 4 of the drawings, there are residential development
standards which are being violated, what can we do about that"?
Mr. Ward replied, "As I indicated to you before, we do not review these plans for anything
other than conformance with our water management system". We do not review anything in
5587
Pelican Bay Services Division Board
March 3, 2004
1611"'1
....
these plans which are referencing issues outside of our control or make any recommendations or
comments with respect thereto".
Mr. laizzo stated, ''There are two violations as to what is required and what is provided".
The side yards require 20 feet and they have provided 15.1 feet and the front yard requires 25
feet and they have provided 20.5 feet. I don't now how they got around it, but obviously these
plans were accepted.
Mr. Carroll stated, 'We have no authority to do anything about that". If you want to do
that as an individual you may do so.
Mr. Domenie asked, "Should we send one copy to the Pelican Bay Property Owners so
that they cannot say they were not aware of it"?
Mr. Ward replied, ''They actually have it". They get a copy of our agenda and as a result
of that they get the same documents as you have received".
Mr. Carroll stated, "If you go back to this whole Cap d'Antibes issue, this is exactly what
we would have had when Mr. Ward brought this to us". We would have said we don't like the
looks of this monster, but we can't do anything about it.
Mr. Burke stated, 'Wouldn't we have the wherewithal of sending a letter to our
Commissioner". I am not saying we do that, I am just asking?
Mr. Carroll stated, "No". Every time I try to violate this issue I hear that we cannot do that
because it is not within our definition. There are a lot of things I would like to do that I just cannot
do.
Mr. Burke asked, "But as a private citizen can Mr. laizzo do that"?
Mr. Carroll replied, "He can do that as a private citizen".
Mr. Spanier stated, "I also have hindsight between this plan and the Cap d'Antibes". The
area in which we were open to criticism with the Cap d'Antibes was that nobody, including
ourselves, raised alarm in the community that there might be wide spread objection to the
changes that were being implemented on the site plan. If the Cannes moves ahead and
becomes controversial, it seems to me that we don't want to again find ourselves in the position
that it was not our job and do not know whose job it was.
5588
, '
Pelican Bay Services Division Board
March 3, 2004
16, 1
.,~~.~;
:~"
Mr. Carroll asked, "How do we do that"?
Mr. Spanier replied, "Supposed we wanted to call public meeting to review the routine of
the water and sewer connections"? That agenda could be open for public examination for what is
planned in the Cannes project.
Mr. Carroll replied, ''There is probably something illegal about that".
Mr. Spanier stated, "There is probably something illegal about everything, but we have
been on good legal ground on Cap d'Antibes". People do not understand that there are bodies
like our own that have responsibilities to advise the Commission on the attitudes of the
community.
Mr. Domenie stated, ''That is why I asked if the Pelican Bay Property Owners receive a
copy of these plans".
Mr. Spanier replied, ''The Pelican Bay Property Owners is a club and has no status
whatsoever" .
Mr. Roellig stated, ''They call themselves watchdogs".
Mr. Nordhoff stated, ''There are only two thousand of them and some fourteen thousand
people in the community".
Mr. Spanier replied, "I am just uncomfortable with these plans".
Mr. Carroll replied, "I have been uncomfortable all along, but we have no process".
don't like them stuffing those buildings in front of the Cap Ferrat, but what can we do about it?
Mr. Werner stated, ''There are other instances where the same things has been done".
Mr. Harrell stated, 'We need not to get in front of other people's property rights and there
are certain rights that they have within the PUD". There are decisions that staff can make without
anyone knowing it and that is what happened with Cap d'Antibes. I would be very careful that we,
as a group, do not cause an opinion to be heard that had detrimental or private property rights;
we could be in trouble. If you don't like it write a letter, but it should have nothing to do with this
group as a group.
5589
Pelican Bay Services Division Board
March 3, 2004
1 6 11 '~~t
Mr. Spanier stated, "If we want copouts, we can find plenty of them". Mr. Harrell's caution
is real and we should be cautious about tampering with personal property rights. We also should
be very cautious about turning a blind eye to what is an encroachment on an individuals view.
Mr. Werner stated, "At the last meeting there was talk about stop signs at Ridgewood
Drive and Pelican Bay Boulevard, has any action been taken on that issue"?
Mr. Ward replied, "That will be followed up with Ms. Flagg".
Mr. Carroll asked, "Mr. Ward has talked to Mr. Ochs about the cones and at the Town
Hall meeting he indicated that he was working with Risk Management to cut down on the number
of cones we had to put out". Where does that stand now?
Mr. Ward replied, "It is in the process". Both Mr. Lukasz and I have had meetings with
the Risk Management Department on this issue and it is moving forward. I never know what
these insurance people are going to come back and tell me. They say one thing, but when it gets
on a piece of paper it may be something else. I have healthy optimism with what will appear, but
regarded skepticism as to what may get written.
Mr. Carroll asked, "Do you have to get a written permit"?
Mr. Ward replied, "I don't have to get a written permit, but they are interpreting their own
standard to hopefully help with the problem".
Mr. Carroll stated, "If it doesn't come out the way we want it, let's go back to Mr. Ochs
and see what he can do".
Mr. Ward replied, "I think they understand our issues".
COMMITTEE REQUESTS
DISCUSSION OF TRAFFIC COUNTS FOR PELICAN BAY BOUELAVRD - DONALD SPANIER
Mr. Spanier stated, 'We were finally able to extract from the Traffic Division, after a great
deal of delay, what passes for a traffic study". It is not a traffic study, but a traffic count. What
that count shows is that if you begin to examine it in some depth, during the peak hours on
Pelican Bay Boulevard with the present configuration of lanes, the traffic density gets up to 1,100
cars an hour. If we think in terms of encroaching on those throughways by means of eliminating
a lane or putting in a bike lane in some fashion, we could very well double that traffic count.
5590
Pelican Bay Services Division Board
March 3, 2004
1611
Mr. Carroll stated, "You said 1,100 sounds like a lot of traffic, but if you divide that by 60
you do not get too many cars per minute".
Mr. Spanier asked, "Doesn't that strike you as a lot of cars if you are driving a bicycle
next to it"?
Mr. Domenie stated, ''That count is for combined traffic, both north and south".
Mr. Nordhoff stated, "Both locations on Pelican Bay Boulevard are close in numbers".
Mr. Carroll asked, "Are you saying that there is enough traffic that it is not desirable to
even consider one lane"?
Mr. Spanier replied, "That is the way it appears to me".
Mr. Carroll stated, "I am with you all the way, but I do think we have to prove it".
Mr. Nordhoff stated, 'We also do not know how many of those are non-residents that we
might scare out of here by reducing it to one lane". The traffic count is almost worthless. It tells
us something, but not enough.
Mr. Harrell stated, "It is showing us traveling to our meetings".
Mr. Spanier stated, 'We ought to make the County Transportation Department show us
something conclusive that we would not be creating a dangerous situation".
Mr. Carroll stated, "Ms. Flagg will be attending our next meeting and you and Mr. Ward
will have some feeling of what we should do". We will need to settle it at that time. They are
going to come out with their asphalt machine one of these days and they need to know what they
are doing.
Mr. Sutphin stated, "I spoke with Ms. Flagg when I did my article for the Pelican Bay
Post". Ms. Flagg indicated that the resurfacing is on the calendar for October 2005, which is
eighteen months away.
Mr. Carroll stated, "I thought it was this year".
Mr. Sutphin stated, "Ms. Flagg indicated that the entire length of Pelican Bay Boulevard
was in the budget for Fiscal Year 2005". Ms. Flagg also indicated that the Vineyards
configuration was acceptable for Pelican Bay.
5591
Pelican Bay Services Division Board
March 3, 2004
161'1
Mr. Spanier stated, 'We had someone report back to us that had been to the Vineyards
and talked with people who said the conditions were very dangerous".
Mr. Sutphin stated, "Ms. Flagg also indicated to me that the regulations are only
applicable to new roads". We do not have to have a bike path if we dig our heels in and say so.
Mr. Carroll stated, ''This building is slated to be torn down starting April 10th". Mrs. Smith,
will our next meeting be in this building or at the Commons?
Mrs. Smith replied, 'We will be at The Commons, they will not book this room after March
31St".
ADJOURN
There being no further business the meeting adjourned at 5:15 P.M.
James Carroll, Chairman
5592
1611
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Jim Carroll
239-597-4947
1 6,"1 ~
MEETING - NAPLES CITY MANAGER BOB LEE
NAPLES CITY HALL THURSDAY MARCH 25, 2004
AGENDA
1) Review of Pelican Bay Service Division Services including budgeted costs.
2) Issues such as Fire Protection, Effluent Water, Road o'WIlership, Overall Cost
Comparisons, ete arc not a part of the Services Division responsibilities.
3) Outline of Services provided by the County
Sidewalk maintenance and replacement
Street maintenance and seal coating
US 41 median maintenance - Vanderbilt road to Seagate
US 41 lighting to be added in 2005 from Gulf Park to Scagate ($400,000).
State to fund about $260,000 of this and the County the balance
Potable water, Sewer, Trash, Irrigation
Normal County police protection (not what we fund separately)
4) Questions on which we need your opinion.
Can we somehow retain a Services Division to provide many of these
services which the City prefers not to do or we can do better?
Could we have taxing authority to cover both operating and capital
expenditures which we desire and the City does not fund?
Would the City encourage or support a Services Division Board appointed
or elected?
We have a new but very active Community Asset Preservation Program
which requires about $2,000,000 each year we choose to fund it. Could
such a program continue? This costs each ta.xpayer approximately $300 a
year.
We plan to acquaint the Pelican Bay residents with our findings either thru
direct mailing and/or using the Pelican Post. Docs this create any problems
for the City?
Jim Carroll
PBSD Chairman
. Jim Ward
PBSD Manager
3/25/04
Pelican Bay Services Division
Fiscal Year 2004
Community Beautification
Landscaping
Right Of Way & Common Areas
Pelican Bay Boulevard, Gulf Park Drive, Ridgewood
Drive, Laurel Oak Dr.,West Boulevard, Crayton Rd.,
Glenview Pl., North Point Dr, Hammock Oak Dr.,
Oakmont Pkwy, Greentree Dr., Oakmont Single Family
Cul-de-Sacs, Ridgewood Single Family Cul-de-Sacs,
U.S. 41 Berm
Foundation Areas - Estimated
The Commons, Hammock Oak Community Park, Sandpiper
Parking Lot, North Tram Parking, Ridgewood Park. Oakmont
Park, Clam Bar & Sandpiper Beach Facilities.
Hardscaping
Street Signs
Entrances
Misc. Community Services
Street Sweeping
Beach Cleaning
Community Beautification Capital
Water Management (Excludes Tram Paving)
Lake Maintenance, Water Quality, Engineering(Less Paving N Berm)
Berm Mainatenance
Exotic Control
Water Management Capital
Street Lighting
Lighting Operations
Street Lighting
Ballord Lighting
Entrance Feature Lighting
Foundation Parking Lot Lighting
Lighting Capital
3/25/2004
$1 ,433,865
$145.935
$4,500
$3,500
$24,700
$13,000
$61 ,400
$623,400
$14,000
$30,000
$16,300
$195,500
$1 ,400
$1,200
$2,000
$6,500
1611
'1/
$1,686,900
$683,700
$206,600
Page 1
1611
Clam Bay
Maintenance & Monitoring Program
Restoration Program
$461,100
$1n,100
$284,000
Security
Operating
Capital
$504,300
$456,300
$48,000
Capital Improvement Projects $380,500
Included Gulf Park Dr., OakmontGulf Park Dr.
Total Fund. $3,923,100
3/25/2004 Page 2
16'1
CLAM BAY SUB-COMMITTEE
MINUTES - March 3, 2004
Naples, Florida
LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services
Division Board met in Regular Session on this date, March 3, 2004 at 10:00 A.M. at The
Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members
present:
Mr. David Roellig, Chairman
Mr. M. James Burke
Mr. John Domenie
Mr. George Werner
ALSO PRESENT: Six (6) Pelican Bay residents; Ms. Kara Cave and Mr. Tim Hall, Turrell &
Associates; Mr. Robert Bittner, Director of Golf Course Operations, The Club at Pelican Bay; Mr.
Jay Levitt, Chairman of the Course and Greens Committee and Member of the Board of
Governors, The Club at Pelican Bay; 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 Minutes of the October I, 2003 Meeting
3. Beach Renourishment - Status and TDC Funding Application
4. Cattail Area Restoration Plan
S. Interior Channels - Identification of all proposed channels
6. Hydrographic Model - Discuss
7. The Club at Pelican Bay- Presentation
8. Riley Encasement Data
9. Audience Participation
10. Adjourn
ROLL CALL
Mr. Roellig called the meeting to order and asked that the record show all members
present.
APPROVAL OF MINUTES OF THE OCTOBER 1. 2003 MEETING
Mr. Burke asked, "Will there be a County Permit which provides beach renourishment to
1,500 feet south of the Sandpiper"?
Mr. Roellig replied, "Correct".
Mr. Burke asked, "The TDC funding only covers the renourishment to approximately
1.500 feet south of the Ritz Carlton Hotel and do we pick up the balance of the cost"?
Mr. Roellig replied, "That is correct".
Mr. Werner moved, seconded by Mr. Burke and approved
unanimously, the Minutes of the October " 2003 Meeting.
326
Clam Bay Sub-Committee
March 3, 2004
16'1
THE CLUB AT PELICAN BAY - PRESENTATION
Mr. Werner introduced Mr. Jay Levitt, Chairman of the Course and Greens Committee
and a member of the Board of Governors of The Club at Pelican Bay and Mr. Robert Bittner, the
Director of Golf Course Operations for The Club at Pelican Bay. Mr. Bittner has been invited to
make a presentation to this Sub-committee because there was some question as to what
practices the golf course used with regard to fertilization and pesticide use.
Mr. Bittner stated, "This presentation was put together over the past couple of days and
to provide a little background, my Senior Assistant, Sam Mueller, has a degree in Natural Science
in Turf Grass from Western Kentucky and is a very qualified Assistant. My Second Assistant,
Curtis Hoffmann, attended the University of Minnesota and Edison Community College in their
Turf Grass Program. I have been at The Club at Pelican Bay for twenty-five years and started my
employment with them right out of college. I have a Bachelor of Science Degree in Horticulture
and I am a Certified Golf Course Superintendent. For those of you who don't know, only
approximately 10%-12% of all Superintendents' are certified.
I have a certification in
Environmental Management and was in the first twenty in the Nation to receive that certification.
The Pelican Bay golf course is a member of Audubon International, which is one of the guidelines
that we use for managing the golf course, along with the Best Management Practices for Golf
Courses.
Mr. Bittner continued, "Mr. Ron Dodson who heads Audubon International was the lead
person with National Audubon and in the mid 1980's and he felt it was better to work with golf
courses and developments rather than be like National Audubon and against all development".
did not want to consider and he separated from them and started Audubon International.
Mr. Dodson tried to convince the National Audubon Board to work with golf courses, which they
Audubon International works with golf courses and developers to try to improve maintenance
practices and to be more environmentally friendly. The Audubon Program consists of six
The Club at Pelican Bay is certified in Environmental Planning. Other areas are Wildlife and
different areas. One area is Outreach and Education and another is Environmental Planning.
327
Clam Bay Sub-Committee
March 3, 2004
1 611
."
Habitat, Chemical Use and Reduction; Water Conservation and Water Quality, of which The Club
at Pelican Bay is certified in both. The areas overlap somewhat and with regard to the Outreach
and Education area, the Club approaches that through things such as talking with the community
about our golf course programs. At The Club, there is a bulletin board as you enter the locker
rooms that have the golf course information and maintenance practices available. During the
summer we host Junior Golf Clinics and hand out brochures that talk about wildlife on the golf
course. There is more to golf than just hitting the little white golf ball; it is an outdoor experience
and there is wildlife involved with it.
Mr. Bittner stated, "We do newspaper articles for the golf course and an Annual Audubon
Presentation". We also do wildlife tours on the golf course in the early mornings. We leave snag
trees on the golf course for predatory birds and Woodpeckers and place a sign on the tree
explaining its' use. The Outreach and Education Program is very important to us and we should
receive certification in that area this year. We are certified in Environmental Planning. This
contains a lot of different areas and for general information the areas are the golf course being
private, general information about the golf course, number of golf holes, how many of rounds of
golf played, when it was built, information about the staff, the management context, residential
neighbors around the course, what the expectations are, playing conditions, landscape
information and types of grasses on the course. On our course we have Bermuda grass, which is
a drought tolerant grass that grows well in Florida during the warm months with the different types
of landscape on the golf course being native plants. Supplemental structures on the golf course
for wildlife would be everything from twenty-five birdhouses varying in size for different size birds
to building brush piles on the golf course, as a habitat for rabbits and other rodents. There are
ten to twelve bird feeders around the course to furnish food for the birds. There is a plant and
wildlife inventory where we know what kind of birds and mammals are on the golf course.
Mr. Bittner stated, 'We do have an advisory committee which is part of the Education and
Outreach Committee". It is stressed that we understand wildlife needs and identifying habitats on
the golf course, whether it be Palmettos, wetlands, etc. We plant native and flowering plants to
produce nectar for hummingbirds and butterflies. There are trees and bushes planted that
328
Clam Bay Sub-Committee
March 3, 2004
16 II U
produce berries for wildlife during the winter. The Tree Management Program covers everything
from planting to maintaining trees. Planting grasses on the prairie areas is done to enhance
wildlife habitat for our wildlife and birds. We only have one wetland on the golf course and we
make sure that we keep that maintained by removing undesirable species from that location. In a
joint effort with the Pelican Bay Services Division we plant and maintain aquatic plants. In some
areas riprap has been used to control erosion problems. Buffer strips were placed along the
lakes to stop debris from being carried into the lakes. We are working on the Brazilian Pepper
and Maleleuca tree removal every year to keep them off of the golf course.
Mr. Bittner continued, ''There are areas on the golf course that I think are out of play
sometime, but are actually not out of play". We take the areas that are out of play and allow the
grass to grow to a height of six inches and mow it once a month instead of weekly. Again, this is
habitat for other animals.
Mr. Bittner continued, "For chemical use and reduction we follow all OSHA regulations
and have the data sheets available for all staff, labels available for everybody and make sure the
label is the law. What the label tells you what to do and you do not spray over that rate. We have
videos and monthly safety meetings for all employees. The Club at Pelican Bay has licensed
employees and supervisors. My spray techs are licensed and they receive an increase in pay
when they secure their license. All of my assistants, as well as myself, are licensed in pesticide
application.
Mr, Bittner stated, "A lot of things go into Integrated Pest Management (IPM)". I am very
aggressive in cultural practices during the summer. This includes everything, including the height
of the cut of the grass and plants, plant selection to make sure we plant the right plants in the
right areas and how we control the irrigation. We have a computerized irrigation system, which
was installed in 1989 and updated in 1999. We use controlled release fertilizers and do soil tests
of every area of the golf course twice a year. From that I know what the grass and pants need. I
provide them what they need and I do not over fertilize. We do tissue testing on the grass and
plants several times a year to determine the needs of the plants, so that we apply the right
products. Thatch control is also a cultural practice in maintaining a healthy turf grass. Scouting
329
Clam Bay Sub-Committee
March 3, 2004
1 6 11 "'3
threshold levels of the golf course is also another practice. If I see one worm on the golf course, I
am not going to spray the entire golf course. I have thresholds and when we reach those
thresholds we take action. We do a lot of spot spraying and we have someone spraying
everyday. He may carry five different products with him and if he sees something in a specific
area he may spray it and it may be only half as big as this table. We do preventive treatment
where you anticipate what is going to happen. Part of chemical use and reduction is the
maintenance facility. The Club has allowed me to keep up with any OSHA issues that we have
within the State with regard to mix loading, etc. Our Mix Load facility was a part of a State Grant.
Back in the mid 1990's the State was trying to figure out how to build mix load facilities where
chemicals, pesticides and fertilizers are mixed. We designed a facility, submitted it to the State
and got a grant that covered approximately one-third of the costs to build this facility. Our
agreement with the State was that I had to provide tours of the facility and provide yearly reports
of things we did right and wrong at the facility, We are still working on that and it has been great.
The chemical storage and separated fertilizer area that is contained is also a part of that.
Originally there were fuel tanks located in-ground which were approximately ten years old that
were pulled from the ground and we now store our fuel above ground. Last but not least, is
where we wash the equipment. We have a designated wash pad where all of the water is
collected and treated prior to being released into the sanitary sewer system.
Mr. Bittner stated, 'Water conservation was one of the first areas that The Club was
certified in". Part of the goal is to make sure that we installed and maintained our irrigation
system so that it operates efficiently, The irrigation system that was put in the ground during
1979 was updated in 1999. For all of the lake banks partial heads were installed, which places
all of the water back onto the golf course. The same is true with the native areas and the buffer
areas, so you are not putting water in unneeded areas. Our system is very efficient. We always
water at night unless there is a product that has been put down that has to be watered before
play such as a wetting agent that has to be watered into the soil. We have one full time person
and another person who works part time and all that they do is check irrigation everyday to make
sure things are kept in adjustment. We do a lot of hand watering because we have some areas
330
Clam Bay Sub-Committee
March 3, 2004
1 61 1 all
that are hydrophobic and just will not take water. Another goal is to eliminate unnecessary water
use. We have a weather station that was installed in 1989 that is monitored daily. This station
provides us with the wind temperatures, etc. and we use that to compute the amount of water to
put on the golf course that night. There are rain switches in three different areas of the golf
Cultural Practices, which includes maximizing water infiltration and everything from aeration to
course that will shut down the irrigation system on those areas that receive rain. Going back to
vertical mowing to the use of wetting agents, which help water penetrate into the soil. The
important and saves wear and tear on the golf course,
wetting agents actually make water wetter. Proper fertilization practices and traffic control is very
Mr. Bittner continued, 'Water quality; the water shed from U.S. 41 to Seagate Drive to
Vanderbilt Beach and parts of Pine Ridge also drain through Pelican Bay". The golf course
drains everything from what is called "the Pelican Bay Loop". Everything that comes off the road
comes through the golf course lakes. We have erosion control issues and keep plants on lake
keep turf grass growing to the edge of the water to keep erosion on the lake banks to a minimum
banks where we can. We use riprap in areas where we cannot use aquatic plants and we try to
and eliminating chemical run off and drift. We have the buffer edge round the lakes and consider
this a limited spray zone and only treat those areas when absolutely necessary.
Use of
efficient way to apply it. There is very little loss with ferigation. We use controlled release
fertigation. Fertigation is the use of liquid fertilizer through the irrigation system, which is a very
buy it for $20.00 a bag and you get what you pay for. The $6.00 bag goes into the soil and into
fertilizers. Fertilizers vary in cost dramatically. You can buy fertilizer for $6.00 a bag or you can
the environment right now. The controlled release fertilizers can last up to six weeks. We use a
lot of controlled release fertilizers on the golf course. We try not to throw fertilizer into any lakes
or native areas where it is not needed. We actually use walk-spreaders around the lakes and
buffer areas to keep fertilizers out of those areas.
Mr. Bittner stated, "Our mix load facility is a state-of-the-art facility, as is our chemical
storage and fuel areas". To reduce chemical input into the lake and areas of the golf course we
plant many aquatic plants, which helps in nutrient uptake. We have installed aerators and
331
Clam Bay Sub-Committee
March 3, 2004
16'1 ~,
diffusers. There are presently two aerators, or fountains as a better term, on the golf course and
we have installed diffusers in nine or ten lakes on the golf course. Our plan is to install more
diffusers to help water quality. A diffuser is a machine that sits on the floor of the lake and
produces bubbles to keep the water turned up. We have also begun, as part of our Audubon
certification, monitoring the water on the golf course and checking water, when it is pumped and
before it leaves the course, for oxygen, nitrogen and phosphorous. Several golf courses in the
Naples area are involved with the Audubon Program, however nationwide it is not big at this time.
There is an Audubon Program for homeowners and if there is the desire I can obtain a speaker
and information on the program, which they call "Backyard Program for Homeowners". Audubon
has also started a community program and the first program done was in Eufaula, Alabama.
The program was started in Eufaula, Alabama because they wanted to prove that it did not take a
lot of money to become Audubon certified. My understanding is that it has been very successful.
A couple of communities in this area are working on the program, but presently there is not a
certified community within the State of Florida. This is something that Pelican Bay might be
interested in and if so I can provide you the names and numbers of the required contacts.
Mr. Bittner stated, "I have a book that was provided to me by one of my vendors called
"Best Management Practices For Protecting Water Resources in Florida". I have copies in my
office if there is any interest for them.
Mr. Werner stated, "If I heard you correctly, you said that when you washed the
equipment, the runoff goes into the sanitary sewer, not the storm water sewer".
Mr. Bittner replied, 'We treat the water and then it is released into the sanitary sewer".
Mr. Ward replied, "It is the storm water system".
Mr. Bittner stated, "No, it goes into the sanitary sewer system". It is not being released
into the water management system. Years ago it was. Any new golf courses being built are built
with a wash rack facility whereby they are containing the water and reusing it or they have
secured permits to discharge it. I was required to secure a permit from the County and prove
that I was cleaning the water before I could discharge it into the sanitary sewer.
Mr. Werner stated, "You referred several times to the "Mix Load Facility". What is that?
332
Clam Bay Sub-Committee
March 3, 2004
16J'1~'
Mr. Bittner replied, "The "Mix Load Facility" is a room about the size of this room where
the spray equipment is stored". When a product needs applied to the golf course, it is poured it
into the rig where there is overhead water that comes in and pumps into the tank. We mix the
chemicals on this pad, which is epoxied and impervious to anything. It also has a sump system
where if there is a mistake the product can be taken off of the floor and pumped into the spray
equipment and applied to the golf course. If I had a 300-gallon sprayer that would fracture and
dump 300 gallons on the floor I have the ability to pick it up and put it back into the sprayer
without polluting the environment.
Mr. Roellig stated, "You mentioned that you do water quality testing". Do you test for
pesticides and herbicides?
Mr. Bittner replied, "No, it is dissolved oxygen and some nutrients, but not pesticides".
Mr. Domenie stated, "You mentioned that you have containment and above ground
storage for fuel". What sort of protection do you have in place in case of a hurricane or flooding
as far as chemicals and pesticides are concerned?
Mr. Bittner replied, "The buildings were built to meet county Code for being hurricane
proof". Flooding is an issue and you can't keep water out of a building, but they were built to
meet the hurricane standard codes.
Mr. Gage asked, 'Would you share your readings of the various phosphates, nitrates, etc.
that you take on a regular basis with this group or its' consultants"?
Mr. Bittner replied, "Yes". We started the program last year so there is very limited data
in that area and we were just certified in that area.
Mr, Gage asked, "Can you tell us what you used when you killed all of the grass and
redid the area"?
Mr. Bittner replied, 'The product we used was Round-up with Glyphosate, which is a
product that will kill any green vegetation".
Mr. Gage asked, 'Was there any special permits required for the use of that chemical"?
Mr. Bittner replied, "No".
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'''"",,
Mr. Domenie asked, "How many outlets do you have from your lakes into other lakes or
that feed directly into the mangroves"?
Mr. Bittner replied, 'We have one which is located across from the Commons". There is
another outlet located by Interlachen and one by Pebble Creek.
Mr. Werner stated, "As I understand it, all the lakes in Pelican Bay are connected and are
part of the storm water management system, except for two which are located at The Club and
used for irrigation purposes".
Mr. Bittner stated, "It used to be two lakes but after the remodeling it was reduced to one
lake". The lake is contained for effluent on the golf course.
Mr. Domenie stated, 'With the recent rains, some of those lakes really grew and held
back some of the water that would have ordinarily run off into the mangroves".
Mr. Bittner replied, "The golf course contains a lot of areas that are water management
areas and are made to flood".
Mr. Ward stated, "A significant piece of the golf course is a retention area for the water
management system". We actually control the water levels on the course with our weir structures
located on the back berm.
Mr. Werner stated, "Some of the material that grows to approximately six inches tall
around the lake is used to trap materials but it also a pain to locate your golf ball in".
Mr. Bittner replied, "That is one of the issues we have fought with". Those areas have
been put in and taken out and they are back now, but that area does trap debris from going into
the lake. If we get a heavy rain after fertilization that area would trap that fertilizer from going into
the water. Every morning at 5:30 AM I have the weather on before I come to work trying to avoid
any mistakes that could cause problems with fertilizers or pesticides. I monitor the weather very
closely.
Mr. Werner stated, 'When you read the Naples Daily News you think that every golf
course in the area uses tremendous amounts of water, fertilizers and pesticides and do not care
what happens as a result of that overuse." I know that is not the case in Pelican Bay, but I
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wanted somebody to explain it to you. Mr. Bittner, I appreciate your bringing Mr. Levitt to the
meeting with you.
Mr. Bittner stated, "Golf courses are big targets and a majority of the clubs are concerned
about the environment and try to do what is best". I know we at The Club are very concerned
about the environment.
BEACH RENOURISHMENT - STATUS AND TDC FUNDING APPLICATION
Mr, Roellig stated, "I believe you have all seen the TDC Application". The County is
looking for sponsors for the various shorelines in Collier County and they have a Grant
Application to go in for TDC Funds. The TDC Funds will cover the area that is approved by the
Funding Policy that was approved by the Board of County Commissioners. For our area that
policy covers from Vanderbilt Beach Road south to the approximate location of the Contessa
condominium. For the remaining section, down to R-37, which is about 1,500 feet south of the
Sandpiper, we are tentatively looking at funding approximately $700,000. We are not looking to
renourish south of that location because we do not want to have sand so close to the pass that it
would pose as a threat to suddenly close the pass. There is a significant area both north and
south of the pass that will not be renourished, but sand will migrate there from the south and from
the Clam Bay side.
Mr. Werner stated, "On the second page of the Application under "Program Element" it
says State of Florida share $345,000 may be funded". Does that come out of TDC Funds or our
funds?
Mr. Roellig replied, "TDC funds". At the present time we are in the County's budget for
this year. The schedule is still to award a contract and get started after turtle nesting season,
The largest possible hang up is the permit, which has been under consideration by the State and
Federal government for a few months now, and they have had comments and responses going
back and forth. It is hard to say exactly when we will be assured of getting the permit, but if we
don't get the permit soon enough, this project will be moved into next year. A significant amount
of the cost is mobilization of the equipment to do the renourishment and you don't want to have to
pay the mobilization more than once.
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't
Mr. Roellig stated, "You may have read in the paper about the County being concerned
that there was not enough TOC money to do this renourishment". I was on the Sub-committee of
the Coastal Advisory Committee and we met with County staff. The TOC has approximately
$10,000,000 in reserves and they have approximately $10,000,000 in projects for this current
year that are not going to be utilized. The renourishment project is going to cost approximately
$13,000,000 for all of Collier County and it appears that the County will have the money in hand.
The way the contract is proposed to be worded, the County will advertise and make the award
subject to appropriation, hopefully in September, with the likelihood that the appropriation would
be available from the County Commission at the beginning of the next Fiscal Year, which would
presumably do the Pelican Bay portion.
Mr. Oomenie asked, "The public has access via the Registry Hotel and will sand be
placed on that beach"?
Mr. Roellig replied, "No". Whatever sand is placed on that beach will presumably not be
placed any further north than the Seagate beach to avoid that sand washing into the pass".
Mr. Oomenie stated, "For the first time I have noticed exposed roots in front of the
Sandpiper". I have seen it in other sections, but they removed them when the Ritz Carlton was
built.
Mr. Roellig stated, "Our shoreline is stable, but there is some long term erosion in that
area and this renourishment will go a long way towards alleviating that". The final design has not
been finalized because it is part of the permit negotiation. We do have a lot of hard bottom off
shore and it is imperative that we don't get sand on the hard bottom. The design should be
completed in approximately two months.
Mr. Burke stated, ''The taxing district's share is $700,000". Is that the figure we are
kicking around at the Budget Sub-committee?
Mr. Roellig replied, "Yes, it is and the last time we talked they were anticipating a 20%
contingency on top of that figure".
Mr. Burke asked, 'Would that money be spent in the next budget year"?
Mr. Roellig replied. "Yes, during Fiscal Year 2005".
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Mr. Burke asked, "Weren't they tossing around the figure of $1,500,000 at one time"?
Mr. Domenie replied, "$1,700,000, but that was over a ten year period".
Mr. Werner stated, "In the first blush the $1,700,000 was put into Fiscal Year 2005 and
Mr. Roellig tried to point out that was not right". Do we need a motion to put this funding before
the Board?
Mr. Ward replied, "No, the funding was handled at the last meeting and I will be putting
that number in the next iteration of the Step II Plan for the Budget Sub-committee, which will not
happen for another couple of weeks".
Mr. Werner stated, "Do you need a motion from the Clam Bay Sub-committee"?
Mr. Ward relied, ''That is probably a good idea". I remember Mr. Sutphin indicating that
whatever numbers are recommended for inclusion in the budget for Clam Bay should come from
this Sub-committee.
Mr. Werner moved, seconded by Mr. Burke and approved
unanimously, that $700,000 plus a 20% contingency be
included in the Fiscal Year 2005 Budget for beach
renourishment. If the County does not get their permit this
project funding will disappear and we will not do it on our
own.
Mr, Werner stated, 'We have another application which shows the taxing district with
costs of $33,500". Is that the usual reimbursement from the County?
Mr. Ward replied, "Yes, from the County's General Fund". The total cost of the program
is $43,500 and $10,000 of that program comes from TOC, with the balance from the County's
General Fund. Usually you do not even see that TDC application, but we did them at the same
time so I thought I would send them both to this Sub-committee.
CATTAIL AREA RESTORATION PLAN
Mr. Hall explained, "At the Annual Report Presentation we had made a recommendation
and options to come up with a solution or course of action for the cattail area". Originally we had
thought that the idea of simply capping it with a layer of fill would be cost effective and have the
least amount of impact for the residents. However, once we received the survey information and
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reviewed the consistency of the underlying soils and priced the work, we figured that stabilizing
the underlying material in order to support that cap would have added a tremendous cost to the
project. What we are reviewing now is actually going in and removing the muck. Removing the
fluid and nasty surface that is not supporting the vegetation and re-contouring the swale into a
more meandering type channel with an actual shoreline and different slopes. We would then fill
in the remainder of the area behind it. That would be done in a series of progressions. The
equipment would use the berm as their roadway to go out and build a series of T-groins where
sand could be delivered for placement and then be filled up with muck on the other side of the
"T". That would open that channel and provide more open water areas and wider views. That
would also reduce the cost of the fill that we would have to bring back in. The water levels are
very low on that side of the berm. We would propose deepening the channel so that there would
be more open water, with less large areas of mud exposed at any given time. By filling in behind
it we would establish a base to support the vegetation that we want to plant. The vegetation
component would be similar to what is already in place near the north tram station. The plantings
in that area are doing very well.
Mr. Hall stated, "The blue areas are the areas that we feel would be most appropriate for
having the open water". Some are located near the existing tram stations where people would
have that view while waiting for the trams, It also is the areas where the distance between the
berm and the mangroves is the widest and you have some of the softest areas according to the
cross-sections. The back page is a cross-sectional view showing where the existing ground level
is. The bottom shows where we would go below the existing ground level to create the open
water area and where we would actually fill at or above the existing ground level with the good
material to bring out that mangrove shelf to establish the more diverse plantings. Both of those
areas appear to be good, while not completely keeping out the cattails, they do not promote the
rapid growth that we see in the other areas where you just have the soft mud layer.
Mr. Roellig stated, "There is not too much information as to the benefits that we would
derive, other than possible aesthetic values". I am not sure how much this is really going to do for
the mangroves.
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Mr. Hall replied, "From that standpoint, by converting the system and increasing the
diversity of the plants rather than having just the cattails, different plants take up different
nutrients at different rates". You would get a broader spectrum of nutrient uptake and by creating
the bigger open water areas you get greater water storage capabilities on that side of the berm,
which would help in times of high water. It is also going to open the area and provide more
shoreline and foraging habitat for local wildlife. In addition to the aesthetics, you get those four
other benefits as well.
Mr. Roellig asked, "You are not doing any work in the north two acres, is that correct"?
Mr. Hall replied, "On the north two sections where we already have the plantings, we
would not be doing any work". We would be doing some work on the area in front of that section,
between where we planted and the berm. We would be dredging that dead area, leaving some of
it as open water and filling some others to bring that shelf out for more plantings.
Mr. Domenie asked, 'What would prevent cattails from coming back if we do this"?
Mr. Hall replied, "For one thing, the different elevations and also the different soil types".
Mr. Domenie stated, "I am talking about in the water itself".
Mr. Hall replied, ''The water will be deeper than it is right now". You will notice where the
water is deeper the cattails are not growing. The open water is going to help. I don't believe that
we are going to be able to completely eliminate the cattails, but we will be able to get them to the
point where they are not growing faster than what we can control.
Mr. Ward stated, "Hopefully you will be able to tell us that we won't have any cattails",
Mr. Hall replied, ''The seed sources are there". The seeds will even blow in.
Mr. Ward asked, 'Why are the seed sources there"? We have removed cattails
throughout the system and this is the only place in Pelican Bay where they are located".
Mr. Werner stated, "They are located on the other side of the berm".
Mr. Ward replied, "Very few",
Mr. Hall stated, "I believe that when we do this we will definitely have them under control",
Mr. Werner stated, 'When the cattails are young they are good because they take up
nutrients".
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Mr. Hall stated, "Yes, the new growth is very rapid and they remove a lot of nutrients from
the system".
Mr. Werner asked, "As the cattails mature they are a net contributor and put more back in
than they take out, is that right"?
Mr. Hall replied, "Their uptake slows down as they mature and then their leaf matter
drops and they become contributors". On top of that they grow so thick that they prevent light
penetration into the water, which then means that the nutrient cycle and the breakdown of what
they are contributing slows down or stops.
Mr. Werner stated, "At one time we were going to handle that by removing one-third of
the older cattails every year at a cost of approximately $38,000 a year".
Mr. Hall replied, "Yes, it was going to cost approximately $40,000 a year".
Mr. Werner stated, "The next step was the capping method with soil and plants and now
you are telling us that the bottom won't support that method". That was going to cost
approximately $250,000.
Mr. Hall replied, "Our initial estimate for the filling was $250,000, but when we got the
surveys and the soil tests, that cost went up because we would have essentially had to put in a
wall to keep the bottom material from squishing out".
Mr. Werner stated, "Is it correct that we now want to remove the muck and place more fill
in there, which will cost approximately $1 ,800,000"?
Mr. Hall replied, "Right, based on the prices that we have received so far".
Mr. Werner stated, "I am shocked".
Mr. Roellig stated, "I believe we need more alternatives". My personal view is that we are
talking about 12-14 acres, at a cost of $150,000 per acre.
Mr. Werner stated, "My interpretation, and I know you have your reasons, but it sounds to
me as if we are doing this for aesthetics",
Mr. Ward replied, "We are and I think it should be really clear that from the first day that
we started, the issue was how to get rid of the cattails and this was the answer two years ago".
We tried to come up alternatives that would solve that rather large financial burden, but the issue
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really is that we have gotten and continue to get a myriad of complaints about the look of this
area. There is a limited amount of benefit to the overall restoration of the Clam Bay System in
general, but this is an issue that appears to be of great importance to the community in terms of
the aesthetics. Unfortunately, that falls on the four of you to deal with, but it is a big expense,
Mr. Roellig asked, "Are people generally favorable with the operation at the northern two
acres"? It looks good to me, but that is my personal opinion.
Mr. Ward replied, "Unfortunately, I am not so sure ecosystem restoration falls in line with
what people's aesthetic expectations are", I think it looks good from an ecosystem restoration
perspective, but from an aesthetic perspective it is ugly. I didn't like the xeriscape in Oakmont
twenty years ago, but now I think it looks great. It is the perception of what time will do for you in
these ecosystem restorations that I think is important. We get complaints about that area
because of its' aesthetic look and not its' ecosystem restoration benefits.
Mr. Burke asked, 'When we went in there and did the initial cattail removal and re-
sprayed, wasn't the initial outcry that the seasonal high rise people came back and said, 'Where
is my greenery"?
Mr. Ward replied, "right".
Mr. Burke asked, 'What if we just left the cattails alone"? What is the worse case
scenario?
Mr. Domenie replied, "The original plan was to remove the cattails on a rotation basis and
let them come back again", That plan was estimated to cost $40,000 per year.
Mr. Ward stated, "The seed source in that location is huge". The cattails will green up
and die out periodically. I don't know if they are stressed at the moment, but a few weeks ago
they were sufficiently stressed due to salt water getting into that area. They will look good and
they will look bad, but they will never go away because they have died over the years and will
continue to grow and you are just never going to get rid of that seed source, unless you actually
go in an excavate it.
Mr, Roellig stated, "The seed source could actually be coming from Pine Ridge".
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Mr. Hall stated, "You could get the seeds from anywhere, but right now there is a
tremendous seed bank in the swale".
Mr. Roellig stated, "It has been said that the seeds can remain viable for ten to fifteen
years".
Mr. Hall stated, "Depending on conditions, cattail seeds can remain viable from seven to
fifteen years".
Mr. Ward stated, "A good example is on the golf course". In the early days we had
cattails in the lake system on the golf course and everyone loved them and thought they were
great. The bottom fine is that today they are gone and have been gone for a number of years
because of the efforts of both the golf course and the Division in terms of the maintenance of that
system. I believe this is one of the remaining areas of cattails that we have to deal with.
Mr. Hall stated, "If we don't do anything it will continue to look as it does right now".
Mr. Roelfig asked, "Cattails are not evergreen, do they have a die off period throughout
the year"?
Mr. Hall replied, "Yes, but it is not so apparent here as it is in northern climates". In most
places cattails freeze back to the root and then grow out. Here you will have things growing year
round. You will have areas that die off and I guess the biggest negative, in my opinion, is the
longer they stay out there the less wildlife you will see utilizing those areas because there is no
room for them.
Mr. Burke asked, "Is that the harm they would do to the system"?
Mr. Hall replied, "They will reduce wildlife and eventually reach a point where they could
potentially start reducing water quality".
Mr. Domenie stated, "I talked to Mr. Lukasz a week or ten days ago because I was
noticing the browning of the cattails". I wanted to know if this browning was due to weather, a
be some salt water and if so did you take any salinity tests?
normal life cycle or was salt water coming into the system. You seem to indicate that there might
Mr. Lukasz replied, "Last week, before we received all of the rain in one day, I had some
readings of 20% and 8%-9%".
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Mr. Domenie stated, ''That is more than sufficient to kill the cattails".
Mr. Lukasz stated, "As of yesterday we still had some salinity but it was between 6%-
80/0",
Mr. Hall stated, "It is parts per thousand".
Mr. Domenie asked, "Have you looked at Humiston & Moore's recommendation about
cutting new channels"? Humiston & Moore anticipate a possibility of increasing the water level in
Upper Clam Bay and the berm by six inches. If we bring six inches more water into that area at
high tide and that contains salt, won't that kill off the cattails?
Mr. Hall replied, "If we do start getting more saltwater up into that area it could definitely
kill the cattails".
Mr. Domenie stated, 'What is your solution if we don't do anything and we would go with
Humiston & Moore's recommendation"? Would that kill off the cattails and if so, what would your
recommendation be?
Mr. Hall replied, "Humiston & Moore is estimating that they may be able to get six inches
of water depth in that area, but they have not been able to test any of the models to see if that
would actually occur".
Mr. Domenie asked, "Should we wait until we get that"?
Mr. Hall replied, "I don't have a problem it the Board wants to wait". I was asked to come
up with a solution based on the number of complaints that have been arising over the past two
years. Maybe you don't hear it as much, but the issue comes up frequently in the Foundation
meeting, The residents do not like the appearance of the area.
Mr. Werner asked, 'What did it look like before"?
Mr. Hall replied, "It looked very similar to what it does now". I do think that the actual
channel has filled in and is not as deep as it was because of that build up. There is not as much
of an open water component as there used to be. The channel is shallower and in some areas
there are mangroves that have grown into it and in other areas where cattails have grown into it.
Mr. Ward asked, "Are you talking about the spreader swale along the berm"?
Mr. Hall replied, "Yes".
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Mr. Roellig asked, "I believe we are looking at the possibility of another option of perhaps
cleaning that area without going out into the cattails".
Mr. Ward stated, "If you go back to what we talked about a couple of years ago, even if
Humiston & Moore solves the problem in their mind, all you are going to do is get salinity up there
and then you are going to have a fourteen acre dead area". The area will be full of salt water and
the cattails will be tall and dead, instead of sometimes green and sometimes not green. You still
have the problem, We said years ago that as we get water into that area, there is the potential
that the cattails would be stressed and die. The Humiston & Moore issue sort of exacerbates the
existing problem that you have out there.
Mr. Werner stated, "Based on past experience, I would rather be reactive than proactive
in this situation".
Mr. Roellig replied, "I would tend to agree". This would be the maximum effort and even
that is not a sure thing. I don't know if the Sub-committee wants to look at some additional
options.
Mr. Burke asked, "They cannot be left alone, they have to be managed some how, right"?
Mr. Roellig replied, "You always have a no action alternative". You have no action or
other alternatives of spending up to $2,000,000 to be the maximum".
Mr. Burke stated. "I think it is a great plan and something I understood, but the outcry was
overwhelming". It was aesthetic, right?
Mr. Ward replied. "It has always been aesthetic".
Mr. Roellig stated, "These are relatively new buildings". Some of us that have been
around for a while appreciate the panic that occurred back in 1992. Anything would be preferable
to losing all of the mangroves. We now have that under some reasonable control and it is now
new owners who did not experience the panic in 1992.
Mr. Domenie stated, "I would imagine that there is a considerable mobilization cost
associated wit this program". Will the trucks filled with muck going over the berm and culverts
cause damage to the berm?
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Mr. Hall replied, "The culverts will support the trucks, but there is some work that would
have to be done and all of those costs have been included, as well as restoration of the berm,
when the work is done".
Mr. Domenie stated, "There is no sense in making a test area because of the mobilization
costs, is that right"? If we don't do anything what do you propose doing with that area?
Mr. Hall replied, 'We planted that area and most of that material is doing well". We did
not plant the front half because it was simply too soft. That is the one place we are still
maintaining and keeping the cattails sprayed.
Mr. Domenie asked, 'What do you propose doing there"? Would cattails grow there
now?
Mr. Hall replied, "Yes, if we stopped spraying, the cattails would take over that area
again". Instead of mud it would be cattails.
Mr. Werner stated, "A couple of years ago there was a suggestion that we make the berm
area look like a park and plant some trees and there was a pUblic outcry". This is a natural area.
Mr. Domenie stated, "Are leather fern a danger to mangroves growing or seedlings
dropping"?
Mr. Hall replied, "No, the mangroves will still regenerate and grow up through the leather
fern".
Mr. Roellig asked, 'What is the desire of the Sub-committee"? Do we want Turrell &
Associates to look at other alternatives?
Mr. Domenie stated, "The only alternative that I can see is if we dig it all out we save the
money of bringing in fresh dirt and then you would just have a beautiful pond".
Mr. Hall replied, "You would have open water". The problem is that I don't believe that
we could get that permitted through the regulatory agencies.
Mr. Domenie asked, "Mr. Hall, do you feel you can get permitting to dig it out and then
bring in fresh soil"?
Mr. Hall replied, "Yes, that is a restoration program and we would be restoring the native
habitat that was there prior to the cattails".
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Mrs. Estelle Fishbind, "What was the native habitat"?
Mr. Hall replied, "According to the old permits and documentation that we saw, a lot of
Clam Bay was a scrub habitat that came down into a bay forest". You still see the remnant of
that bay forest on the east side of the berm. You will see Bay trees, Oaks, palmettos, etc. on the
east side of the berm. On the west side of the berm between the bays and the mangrove there
was a Spartina and Juncus marsh and there was also some reference to Sawgrass. That was
the three dominant species in that area. It was a more brackish or saltwater dominated
community than freshwater. The contributions of the increased freshwater flow, because of the
way the water management system was set up and the increased nutrients that are present in
that water, have been what has pushed the system into the cattail dominated community that we
have today.
Mrs. Fishbind asked, "If you look at the experience of other communities along the Gulf
Coast, are there any other communities that have had this problem of cattails and if so, how have
those communities managed the problem? Do we have experience from other areas that would
be beneficial in evaluating this course of action?
Mr. Hall replied, "The biggest project ongoing right now is the Everglades Restoration
Program where they are looking at several thousands of acres". The biggest goal in the
Everglades is nutrient reduction. They feel they can help the Sawgrass community re-establish
itself by reducing nutrient loading and reintroducing a fire regime. Sawgrass does better if it
burns periodically. Cattails are being planted in a filter marsh with a harvesting plan for so that
they will have ongoing uptake. That is for water coming out of the east coast into the
conservation area.
Mr. Frank Mathews stated, "In reading the ten year plan, the major content regarding the
mangroves is restoring the tidal flow into the upper bay area, which would bring in salinity that
would kill the cattails". That is right in the original ten-year plan. The salinity is now coming back
and if somebody says we can get it back then we are carrying out the basic essence of the plan.
The idea that the cattails are bring killed off by saltwater would be the same problem. It doesn't
make sense; once the cattails are gone other things will come in there. Maybe even if you don't
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plant it the good things will come back in. If salinity is coming back that should to be thought
about very carefully.
Mr. Hall replied, "It definitely is starting to come back, especially where some of the
channels have been dug". It is a timing issue. We were asked to look at what we could do to
make it better right now.
Mr. Ward stated, "I am not sure I understood what Mr. Mathews said, but the salinity
coming into the cattail area will kill them and what you will end up with is a tall fourteen acre
brown area". When we went in and treated them and everyone was up in arms about the
appearance that is exactly what they will look like if we get the salinity up into that area.
Mr. Mathews stated, "The pOint is that they will deteriorate if they are not taken out and
nothing will come back except other plants".
Mr. Ward replied, "That will take years".
Mr. Mathews replied, "Then you plant it".
Mr. Ward replied, 'Which is what you can't do".
Mr. Hall replied, "That is the issue we have right now in that you can't plant it because the
stability of the soil will not support other plants".
Mr. Roellig stated, "In my opinion I don't think we want to go with this plan", I don't
believe it is worth the costs involved and I am not sure of the outcome. I am not sure if we want
to look for other options.
Mr. Ward replied, "Unless Mr. Hall tells me otherwise, I think we are exhausted in terms
of alternatives", I see three alternatives, with this being number one. Number two was the one
$50,000. Option three is what we started with, which is a subset of that and that is that we
we currently have which is a one-third removal on a yearly basis to the extent of approximately
remove all of the cattails and try to keep them out of the system. Those are the three options that
we had on the table. The $50,000 operation is the only one that we are aware of at this point.
Mr. Hall explained, 'When we stopped spraying we estimated that approximately three
years from when we stopped we would need to start harvesting the cattails and that would be
next year".
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Mr. Werner stated, "My point in being reactive instead of proactive is to see if salinity gets
in there to kill them".
Mr. Ward replied, "I agree",
Mr. Burke asked, "Is it right that the original channels from three years ago never really
worked"?
Mr. Hall replied, "No, those are the channels that are bringing in the salinity right now".
Mr. Roellig asked, "Do we need a motion to move down that path"?
Mr. Werner stated, "I don't think we have to recommend anything".
Mr, Roellig stated, 'We have to eventually talk about the Fiscal Year 2005 budget".
Mr. Ward stated, "In my perspective this is leading up to where Mr. Sutphin is headed
with his Fiscal Year 2005 Budget". He was looking for a recommendation from this Sub-
committee as to what to include in the Fiscal Year 2005 Budget for this cattail area.
Mr. Ward asked, "If nothing else has happened do you plan to start taking out the cattails
in October"?
Mr. Hall replied, "Right". I want to make you aware that the Foundation has hired Mr.
Kevin Irwin who is an Ecologist based in Fort Myers, to look at the cattail area and provide his
recommendations on potential options. They are looking at what is happening on the east side of
the berm as far as water levels. nutrient loading, etc. They are looking at this for issues that may
be contributing to the cattails in addition to the cattail area itself. I don't know what
recommendations are going to come out of that. We were asked to provide some background
information to them, which we have done. It is all information that is publicly available and part of
our Annual Monitoring Report. There is nothing that is going out that they couldn't get otherwise
and we are just making it easier for them.
Mr. Domenie asked, "Are they working only east of the berm or are they looking west of
the berm also"?
Mr. Hall replied, "They are looking at both sides of the berm",
Mr. Ward stated. "The only difficulty is the fact that from what I understood the
information request was, that they are taking all of the data that the Division has accumulated
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over however many years, including all of Turrell & Associates recommendations, and they are
going to recover that in a report by Mr. Irwin and feed it back to the Foundation". All of that
information is information that we have. I just want to make sure that the Division does not get
caught. I know what the recommendation is going to be.
Mr. Hall stated, "The first recommendation was why don't you go in and spray them"?
We gave them a little background on that and they are re-examining that recommendation.
Mr. Ward stated, "I have known Mr. Irwin for a number of years, but what he is going to
recommend to the Foundation is everything that you have talked about and what Turrell &
Associates have presented to you over the years", It is their information, their documentation,
their recommendations, but just coming from another individual.
Mr. Werner stated, "I don't want this to be a reflection on your or your proposals, but I
have problems in recommending our spending $1,800,000".
Mr. Hall stated, "I understand and I am not taking it personal". I was asked to give you
some options and this was the one that we felt met all of the criteria that we were given. One of
the criteria was that it be something that we were able to get permitted by the agencies. Other
criterion was that it would not harm the mangrove system or the water quality within Clam Bay
and would not have adverse impacts to the pass. Whether or not you follow through with the
option, I will still continue to recommend that management of the cattail area is going to have to
be maintained in order to maintain water quality. If we would do absolutely nothing that would be
my biggest concern.
Mr. Domenie stated, "Our job is to filter the information to the full Board, but I would still
like to have the full Board receive a copy of this so that they are aware of options".
Mr. Werner stated, "That will be included in Mr. Roellig's report this afternoon".
Mr. Roellig stated, "In Fiscal Year 2005 we can do a small test section".
Mr. Werner stated, 'What Mr. Ward indicated is that if we chose to do nothing, his plan
would be to go ahead and do one-third removal". I understand that cost to be $40,000-$50,000.
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.'of'_,
.;?~:i
Mr. Werner moved, seconded by Mr. Domenie and approved
unanimously that we recommend to the Pelican Bay
Services Division Board that we include money in the Fiscal
Year 2005 Budget for removal of one-third of the cattails per
year at an amount of $50,000.
Mr. Domenie asked, 'When you say remove one-third, are you going to take a third of
one area or are you going to make twenty sixty-foot cuts"?
Mr. Hall replied, 'We can spread it out". One of the things that I considered was that we
could do the back half and you would only see it one out of the three years. The other two years
it would be hidden behind others. We will spread it out and do a field check in those areas to
target the areas we feel as the most dense.
Mr. Domenie stated, "I would not like to see one-third of the berm suddenly be denuded".
Mr, Hall replied, "I would not either".
Mr. Domenie asked, 'What have we decided to do with the muck area at the north
berm"? Are you going to continue spraying or are you going to permit cattails to grow there
now?
Mr. Hall replied, "My recommendation would be to continue the spraying program in that
area, at least until we see if we start getting more consistent salinity measurements there". If the
salinity measurements get consistently over a value of 10 parts per thousand, then I would
recommend stopping the spray program to see if the cattail regeneration was hampered by that
salinity.
INTERIOR CHANNELS - IDENTIFICATION OF ALL PROPOSED CHANNELS
Mr. Ward stated, "There has been tremendous success in the restoration effort with Mr.
Lewis' channel cuts and as a result of the Annual Meeting we had asked Mr. Hall and Mr. Lewis
to perform field surveys to come up with the overall recommended program for all of the flushing
cuts that needed to go into Clam Bay." As you may recall a few years ago we did this on an
incremental basis because we did not know how successful we were going to be with it. Now
that it has been a huge success, we need to see what the ultimate locations and costs are to do
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all of that. That is what I have asked them to prepare for you today. I know that was somewhat
aggressive and I don't know if that has been completed or not.
Mr. Hall replied, "There was some confusion between our office and Mr. Lewis' office".
They have started and are implementing the phase of channel marking and construction that we
have budgeted for this year, under what is currently funded. We are also going to have Mr. Lewis
start with marking the additional channels that we would need for the remainder of the phases
throughout the system, basically all of the channels that we need. I have not yet received a
number from him to finish that project.
Mr. Domenie stated, "We have money in the budget for that in any case".
Mr. Ward replied, "No, that is for this year".
Mr. Hall replied, "This year's work is funded and we thought we could get them started
during this dry season".
Mr. Ward stated, ''The flushing cuts for this year are being done", The issue is what does
the future program need to be and the cost of that program?
Mr. Hall stated. "The major issue is what is the funding needed for the construction of the
remaining channels"? That is what we are trying to get a handle on and we should have that by
your next meeting.
HYDROGRAPHIC MODEL - DISCUSS
Mr. Roellig stated, "Humiston and Moore is looking at using the model to identify some
scenarios for additional channel work". They are looking at a cost of $28.000. In my view we
have the model and I believe we have the money this year. I believe it would be prudent to have
the model run to see what the affect would be of digging the maximum number of channels. We
could then look at other alternatives down the road.
Mr, Ward stated, "I tend to have a simple mind whe~ it comes to these kinds of things
and I certainly kin this to the Seagate Culvert disaster". The better question is, is it ever going to
get permitted? You are going to have an engineer design a series of improvements to this
system with the probability of it being permitted at zero. It is not going to happen. I don't know
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where Humiston & Moore is going with this, but if we authorize them to do it somebody has to
give them some direction to come up with a model that could get permitted.
Mr. Hall stated, "That cost includes doing four or five different scenarios and twelve
alternatives of where the cuts might be". The first run they would do is what would happen if we
dug a straight channel from Clam Pass to the north end. That would never happen, but that will
give us the maximum benefit that we could possibly achieve with that type of action.
Mr. Ward stated, "I do not have a problem with that, but I am going to play devil's
advocate with this". I know what we did when we permitted this project, who cares? There is
nothing you could ever do with that data that is going to make any difference whatsoever in this
restoration. Why spend the money to do it? The first model that Mr. Hillestad and Mr. Tackney
came up with did that and that model could not be permitted. They spent months and months
with the regulatory agencies trying to permit something of that nature and it wasn't going
anywhere.
Mr. Werner asked, "Mr. Hall, is it your thought that some of the models where bends in
channels would be straightened might be able to be permitted"?
Mr. Hall replied, "I believe straightening those bends are going to be very difficult", When
you start digging those channels you are digging out mangroves trying to benefit mangroves and
whether or not the benefits associated with that are viable. I think that it would be possible to
permit widening or deepening existing channels, but we don't know whether or not the benefit we
would receive would be worth the cost. I have recommended that at this point in time I would
rather put that money towards activities that we know we are getting positive results from, mainly
improving the flushing through the channels cuts in the system.
Mr. Ward stated, "I will tell you that I don't recommend that you do it". I don't believe any
of this can be permitted. I do have a little experience with the permitting on the front side of this
project and I just don't see this as a possible permitting option for you. It will provide you a lot of
good data but what are you going to do with it?
Mr. Roellig stated, "Can the model show the impact to the system once we get the
channel plan"?
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".1
Mr. Hall replied, "By changing the flow patterns through the system, that is what the
model is designed to analyze".
Mr. Roellig stated, "I was talking about the interior channels". Once we get that detail
from Mr. Lewis, is that incremental enough to show on the model?
Mr. Hall replied, ''The model basically dealt with open waters and the volume once it
reaches that open water". The individual channels will not make that much difference to the
model. The pOint that Mr. Lewis makes in his recommendation is that the channels we are
digging right now are going to be an ongoing maintenance issue. If something in the line of
permitting or increasing flushing in upper Clam Bay was possible, that could potentially reduce
the amount of maintenance that you would need to do on those flushing cuts. Based on that, we
did a cost estimate of what we thought it might cost to implement straightening out channels
versus the maintenance costs and your payback was not until forty to fifty years down the line.
Mr. Roellig stated, 'We have a model and can you think of any possible uses we can
make for that model in the near term"?
Mr. Hall replied, ''The things we are already used it for, mainly the potential to reconnect
Vanderbilt Lagoon and moving storm water around from System IV to System III showed that
neither one of those was a viable alternative". If nothing else, it saved you some money from
going further down those roads,
Mr. Werner stated, "Let's quit chasing our tail". If it cannot be permitted why spend the
money to find out what benefit it would be?
Mr. Ward stated, "I would rather put the $28,000 into maintenance or some additional
flushing cuts, than come up with a model that we will never do anything with".
Mr. Roellig stated, 'We should probably get a Board position on that issue",
Mr. Ward replied, "I am not so sure the full Board is concerned about that issue".
Mr. Werner asked, "Are you okay with that Mr. Hall"?
Mr. Hall replied, "Yes, I would love to get that information to find out what that potential is,
but spending that money right now when we know there are other things it could go for that we
are seeing benefits from, does not make a lot of sense". Aside from additional channels, the
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..
other thing we had talked about was that the money could potentially be spent on increasing the
water quality testing and adding a couple of parameters to some of the testing.
Mr. Domenie stated, "I respect what you are saying, but we have spent so much money
in the mangroves that at least getting this information might be useful". Who knows, there might
be changes at the regulatory agency where somebody might say we have done so much already
for the mangroves and if this is going to make it even better, we support your position. Mr. Ward,
I respect that you do this all the time, but $28,000 is a drop in the bucket to what we have spent
there so far and this might be something advisable to have.
Mr. Werner stated, "You make the mistake of thinking that you are dealing with logical,
cooperative people". As soon as you go to them it is adversarial.
Mr. Hall stated, 'What we would get out of spending that money on the models is
additional information". It may provide some alternatives to try, but trying to implement or permit
those alternatives would be very difficult and very expensive.
Mr. Burke asked, 'Would you submit all twelve alternatives for permitting"?
Mr. Ward replied, "I haven't a clue as to what you would do with them".
Mr. Hall stated, "You would start with a straight channel and look at the alternatives to
see how close or how far from that optimum you are".
Mr. Ward stated, ''They will all tell you that they will increase the hydrology in the north
Cam Bay system and increase the salinity with the increased flushing". Yes, that is going to
happen, but so what?
Mr. Domenie asked, "If you get more water flowing in and out of the system will that help
with the pass"?
Mr. Ward replied, "Probably the answer to that is yes, but after that the answer is so
what, you can't do it".
Mr. Hall stated, "One of the issues we could run into is to say that we are speeding up the
transport of water through there and could potentially increase the stability of the pass and get
more flushing in upper Clam Bay". At that point EPA would step in and say now your water is
going out faster, you have nutrient loading coming into it and now you are putting nutrients out
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into the Gulf and what are you going to do to treat your storm water to maintain status quo?
While it may not be impossible, it may be very, very difficult.
RILEY ENCASEMENT DATA
Mr. Roellig stated, 'While I have looked at the Riley Encasement data, I don't have any
comments and will just accept his report as complete".
Mr. Ward stated, "This is the end of Mr. Riley's contract and the question is whether or
not you want to continue the review process on a regular basis"? At this pOint the contract
terminates as a matter of record.
Mr. Domenie asked, 'What do we do, somebody has to eventually take out all of these
pipes"?
Mr. Ward replied, "Mr. Hall is going to do it". Mr. Lukasz will continue to monitor it and
take them out as needed.
Mr. Roellig stated, "I will report to the Board that we have accepted Mr. Riley's report and
we will let nature take its' course".
Mr. Hall stated, "On an immediate basis we can take out the pipes that have nothing
growing in them". A lot of the pipes are already being hidden by the growth that is coming in
around them.
Mr. Burke asked, 'What was meant in the report when Mr. Riley said, "An unfortunate
result of the trenching"?
Mr. Ward replied, ''That was one consultant taking a shot at another".
AUDIENCE PARTICIPATION
Mr. Jim Gage - "I was a little amazed to hear the golf course people say that they have
been checking the water".
Mr. Lukas replied, "Mr, Bittner is doing it as part of his Audubon Program".
Mr. Ward replied, 'We have been doing it for years".
Mr. Gage replied. "I understand that". With the existing flushing channels, what is the
maintenance program to keep them open? Is there a program ongoing this year that will keep
those channels open?
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Mr. Hall replied, 'We have the funding set aside and as part of the monitoring we do, we
are also looking at the reduction of growth coming into the channels and are marked for
maintenance" .
Mr. Gage asked, "Is there a plan that shows the actual location of all of the channels"?
Mr. Hall replied, "Yes".
Mr. Gage asked, "Are you satisfied that this maintenance program is ongoing and will
keep the channels open"?
Mr. Roellig replied, "The maintenance program was started a year or two ago and it is our
intention to continue this program".
Mr. Gage stated, "It is my understanding that one of the design features of the area east
of the berm was to have that area be a "settling pond". I walk the berm a lot and five years ago
you could walk that berm from the north to the south and see clear water east of the berm with
fish nesting and all types of wildlife. Today you very seldom see anything other than a frustrated,
dirty Anhinga come up from trying to find a fish. If that is a settling pond, is there a long-term
solution to clarify that area?
Mr. Werner stated, "I don't know and I wish there were because I would like to use it on
the golf course". The water on the golf course has gotten very dark over the past few years and it
is tough to find your golf ball at times.
Mr. Gage stated, "The reasons the deterioration is taking place are many and I
understand that and many are uncontrollable, but some of them are". I don't think we can just
say that is the way it is. Something needs to be looked at to see if it is possible to restore that
area or is it gone forever?
Mr. Domenie stated, ''This is something where Mr. Hall has tried to convince various
condominium associations to prevent runoff".
Mr. Hall replied, "Mr, Gage's condominium was the first one that allowed us to come in
and assess their programs".
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Mr. Roellig asked, "Are there some investigations that we need to do to identify the
problem in order to come up with solutions"? It is an observation, but I am not sure where we go
from here to determine why the area has changed.
Mr, Hall replied, "From my standpoint some of the immediate issues is like where the Cap
d'Antibes building site is located, they should have appropriate silt screening in place and
maintained to keep runoff from running into that area". While they did put the silt screening up,
we noticed yesterday that it has not been adequately maintained. When we get any rain it is just
bypassing that screen and we have silt and runoff going directly from that construction site into
the swale adjacent to the berm. Whether that is happening in other places I am not sure.
Mr. Werner asked, 'What do we do about that"? We have just been notified, so now do
we notify the County?
Mr. Ward replied, "No, we pick up the phone and call the developer and ask them to fix
if'.
Mr. Hall stated, "Another recommendation is that the sooner they can replant that area
the better". It is a bare bank right now. As the area gets closer to build-out you have more
impervious surface and you have more and more water going through the lake system rather than
percolating into the soil.
Mr. Gage stated, "Mr. Hall at one time you told us there were certain types of vegetation
that tended to lessen the phosphates and nitrates in our water". Is it possible that area east of
the berm should be analyzed and surveyed to be sure those plants are there. Just walking by
you can see all types of plants. Do you understand what I am saying?
Mr. Hall replied, "I do". East of the berm is something that is more in Mr. Lukasz's realm".
Mr. Ward stated, "Mr. Gage is making a good point". The spreader swale east of the
berm and the east/west swales never had anything planted in them. I really think as part of your
discussions on ''top tier" communities and how you move this community forward, that is going to
be one of the discussions you have.
Mr. Werner asked, "Don't we have spots east of the berm where we do water quality
testing"?
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Mr. Ward replied, "Yes".
Mr. Werner stated, "From what I can see they don't show a lot of deterioration in the
water quality".
Mr. Ward replied, "Up near Mr. Gage's condominium we have had a consistent duckweed
problem". Duckweed is a result of high nutrient loading in the area and is difficult to solve with
plantings or chemical application.
Mr. Domenie asked, "Isn't all of the area east of the berm privately owned"? Don't the
condominiums own up to the berm?
Mr. Ward replied, "The land is owned by the various condominiums, but we actually have
easement rights to go in and do what we need to do in most of that area".
Mr. Hall stated, "It appears that some of the condominiums do some additional activity
out there". I have seen plantings put in and taken out of some of those areas.
Mr. Ward stated, 'We have done very little over the years, but it needs to be a focus that
we deal with in the coming years".
Mrs. Potter stated, 'We walk the berm every day". I have seen the area around Cap
d'Antibes and have wondered who is responsible.
Mr. Domenie replied, "I guess it would be the Foundation".
Mrs, Potter asked, "Is there somebody who monitors this area and whose responsibility it
is to get it fixed at the first sign, instead of letting it go"? It has been that way for six months or
longer. Is there no one to monitor it on a regular basis?
Mr. Ward stated, "This project is not my favorite subject". The answer is that as a part of
the development review process, the County's Development Review Division has the
responsibility to issue whatever permits and do whatever inspections are necessary for all
projects, including Cap d'Antibes. How often that gets done and if there are code enforcement
actions I cannot tell you, but the County Development Services Division can help you with that.
Mrs. Potter asked, "Do you mean if I saw a bad area like that I should call the County's
Development Services Division"?
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Mr. Ward replied, ''That area is under development so it is within their auspices right
now". I have not seen this, but I have purposely stayed away from Cap d'Antibes, but I assume
what you are telling me is that they have removed all of the exotic materials and have not planted
anything back at this point in time.
Mr. Hall replied, "Right, they have removed all of the exotics".
Mr, Ward stated, 'With regard to the exotic removal issue, generally that is required as
part of the permit for the project itself", The reinstallation of materials is probably not required to
be done until much later in the construction process, generally towards Certificate of Occupancy
time. I don't know how long that building will be in construction, but that is generally when it is
accomplished.
Mrs. Potter stated, ''That means there is a year or longer when erosion can go right into
the water".
Mr. Ward stated, ''The silt screen area is something that can be corrected right away and
as soon as we find out about it we call the developer or the County and ask them to get it
corrected" .
Mrs. Potter replied, "It has been looking like that for six months". You mean during all this
time all one had to do was to call you and you would take care of it?
Mr, Ward replied, "For the silt area, yes".
Mr. Gage asked, "Do I understand that this Sub-committee is going to ask the Division to
analyze the existing plantings along the east side of the berm and be sure that all of them are
active as far as reducing or at least mitigating the nutrients in the water"? Can we have such a
program started?
Mr. Ward replied, "I am not so sure I heard that". We have not done that in the past and
what I have indicated to the Board is that if they want to do that it takes some thought in terms of
putting a program in place and some thought on specifically how to do that. That was not in the
cards, so to speak.
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Mr. Gage stated, "An old Chinese verse says, "The longest journey begins with a single
step". My step is to get you to say that this is something you would like to do, figure out the cost
and get it done.
Mr. Burke stated, "After thinking about the "top tier" community image that we are working
towards, this appears to fall right into line with that idea". These are the kinds of issues that
should be addressed.
Mr. Roellig stated, "That needs to be investigated and the various condominiums along
the berm have various treatments in that area". I realize we have an easement, but we don't
approve their plantings.
Mr. Ward replied, 'We do not",
Mr. Domenie stated, "I felt it would be the Foundation, if anybody, that would be able to
enforce something like that".
Mr. Ward stated. "You only have the problem in System III and IV and more IV than III".
The south end of the community is very nice.
Mr. Werner stated, "I think it makes a lot of sense". A lot of times it takes a long while to
get that single step moving forward and we want to make sure we don't go backwards. Let's give
that some real thought.
Mr. Ward stated, "The budget is coming up anyway and that should be an operating issue
and not necessarily have to move beyond that". I am not sure how to address it, but I will think
about a way to do it.
Dr. Charles Walton - President of the Mangrove Action Group - 'We have a lot of
suggestions about every single item you have mentioned today". I want to introduce Mr. Frank
Mathews and Mr. Frank Partee. Mr. Mathews has done a report on water quality and he would
like to make some comments about that. Mr. Partee is wanting to say something along the lines
of what you have just been talking about in the discussion of nutrient loading covered under the
Yards and Neighborhoods aspect that was built into the ten year plan.
The tape did not pick up the comments of Mr. Mathews or Mr. Partee, but copies of the
articles provided to the Clam Bay Sub-committee have been made a part of these Minutes.
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ADJOURN
There being no further business the meeting adjourned at 12:15 P.M.
Mr. David Roellig, Chairman
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AN ASSESSMENT OF THE WILSON-MILLER WATER QUALITY SAMPLING
UPDA TE REPORT NO 4 FOR THE SAMPLE PERIOD JUNE 2002 TO JUNE 2003
This report appears to be simply an annual update of sampling data presented in the same format
as used previously, and this format appears to be satisfactory to the county and state agencies
receiving it. However, (and only ifit would not rock the boat) we would like to recommend a
change in the format for future reports in order to increase their value to us at the local level.
· Smoothly drawn computer generated curves tend to mask rather than reveal the
significance of the new data. Individual data points need to be plotted along with their
associated error flags. Readers of the report should be able to observe immediately from
the graphs the time interval between data points, the maximum contaminant level (MeL)
and the scatter in the data. (It should not be necessary for report readers to have to go and
examine the raw data on file in the MSTBU office in order to determine these.)
· It would be very beneficial if the consultants would divulge more of their interpretive
thinking with regards to the significance of the experimental values: If a data point is
suspect because of "possible" equipment problems it would help to know that the
measurement in question was indeed traced to equipment failure, that the equipment was
then repaired and that the measurement was then repeated. If an MeL is not quantitative
but is expressed as "In no case shall the nutrient concentration be altered to cause an
imbalance in natural populations", then any change in a measurement in the deleterious
direction needs to be defended as still satisfactory by offering evidence that the natural
population is not undergoing "imbalance". If a variable is suspected of having a large
seasonal variation, then evidence needs to be provided showing that the sampling
periodicity is frequent enough to catch the maximum and minimum excursions.
· No evidence is presented to suggest that the measurements were synchronized with the
tides. In this estuarine environment where flow of fresh water is essentially unidirectional
while that of the salt water is bidirectional, ambiguity relative to tidal cycles will seriously
jumble the data. In an estuary during tidal inflow, the less dense freshwater flows outward
on top of the incoming salt water and the intruding saltwater forms a wedge or tidal prism
which narrows with increasing distance in from the pass. I do not believe there are any
data which show the extent and variability of this wedge. It would certainly help in
understanding phenomena such as the cat-tail persistence if we had a more clear picture of
tidal wedge behavior. We recommend that the water quality observations be synchronized
with the tidal periodicity.
MAGfFSM
03/03/04
file C:\mag4. wpd
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THE NEED FOR A NEW STUDY IN THE PELICAN BAY ESTUARINE SYSTEM
The support in the ten-year plan for the activities of~ ami Neiihborhoods is seeing fruition in
the increased community awareness of the potential hazards associated with excessive use of
detergents, fertilizers, pesticides and herbicides. MAG wishes to propose to the Clam Pass
Subcommittee ofMSTBU that a water testing program be established, separate from and in
addition to the existing water testing mandated in the state permitting documents.
The mangroves in the Pelican Bay estuarine system are the jewel in the Pelican Bay crown, Their
continued health must be a Number One priority. Even though the present system of drainage cuts
appears to have arrested and most probably reversed the die-off, there are still nagging signs that
some stress still remains. The painstakingly slow recovery of sea-grasses after dredging, the
undesirable filamentary algae on large portions of the bottom and in a number of the drainage
cuts, the numerous galls and borer holes in many of the mangroves throughout the system are all
danger signals attesting to the system's precarious health.
In addition to the unavoidable chemically enhanced run-off entering across our Eastern Boundary,
the large number of homes and business establishments in the Pelican Bay area itself are bound to
have an additional chemical impact on the waters entering our estuary. The significant amounts of
pesticides, herbicides, fertilizers and detergents entering our run-off waters COULD be
contributing to the '"fouling of our own nest". The problem is that we really do not know. We
have a reasonably good handle on those parameters nonnally associated with fertilizer or
detergent pollution, and they are not particularly encouraging, but we know NOTHING about
concentrations of herbicides and pesticides, the very chemicals most likely to affect our estuarine
flora and fauna. We desperately need a carefully established set of baseline data which we can use
when observing any future trends, particularly if things should turn sour at some future date.
Establishing a baseline now would show tremendous foresight.
We recommend that a study be funded to first identitY those herbicides and pesticides being used
in the Pelican Bay runoff area and to then set up a monitoring program to test the estuarine waters
for these chemicals at regular intervals. The study will require two phases. An initial phase with
very frequent but variable sampling rates should be followed by a second phase with a fixed
sampling interval once the scatter, variability and episode correlation have been determined. At a
minimum, sampling points should be located at the exits of Upper Clam Bay and Inner Clam Bay
and in one of the channels collecting the flow from the drainage cuts. Sampling should be
synchronized with the tides and should include some vertical profiling
A meaningful baseline program could probably be established with a sampling effort of200
samples per year at a cost of around $200,000 per year. Ideally it could be correlated with
research activities of Florida Gulf Coast University.
MAG/FSM
03/03/04
file C:\mag5.wpd
363
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TURRELL & ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue, Suite B . Naples, Florida 34104-3732 · (239) 643-0166 · Fax (239) 643-6632
April 1, 2004
Jim Ward
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Dear Jim,
We have coordinated with Robin Lewis' office regarding the flagging of new channels in the main die-offareaand
updating the channel map to include all constructed channels. We are proposing to complete these tasks for a
budget not to exceed $61,170.00. This includes $49,900.00 for personnel and $11,270.00 for expenses such as
stakes, flagging, travel and per diem costs. This work can proceed immediately upon approval of the above
budget proposal.
COST BREAKDOWN:
Personnel
R. Lewis 40 m/h X $150
M. Marshall 300 m/h X $125
Technician 100 m/h X $50
Administration 40 m/h X $35
$6,000
$37.500
$5,000
$1,400
Expenses
Per diem 50 days X $200
Stakes and flagging
Mileage 3,000 miles X $0.29
$10,000
$400
$870
TOTAL
$61,170
Sincerely,
~{~ G-vL-
Kara Cave
Biologist
16'1
MINUTES
BUDGET SUB-COMMITTEE
February 18, 2004
Naples, Florida
LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division
Board met in Regular Session on this date, February 18, 2004 at 1:00.P.M. at Hammock Oak
Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present:
Mr. Christopher Sutphin, Chairman
Mr. John laizzo
Mr. David Nordhoff
Mr. Edward Staros
ALSO PRESENT: Six (6) Pelican Bay Advisory Board members; Mr. Coleman Connell, Pelican
Bay Property Owners Association; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services
Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division, via
telephone, and Mrs. Barbara Smith, Recording Secretary.
AGENDA
1 . Roll Call
2. Approval of Minutes of the January 28, 2004 Meeting
3. Audience Comments - General (See below)
4. Review of Planning Status and Process (Chris Sutphin Memorandum of
February 7,2004 attached)
5. Step II Planning - Audience participation is encouraged. Comments will be
restricted to the specific issue being discussed.
6. Sub-committee Requests
7. Adjourn
ROLL CALL
Mr. Sutphin called the meeting to order and asked that the record show all members
present.
APPROVAL OF MINUTES OF THE JANUARY 28. 2004 MEETING
Mr. Nordhoff moved, second by Mr. laizzo and approved
unanimously, the Minutes of the January 28, 2004 Budget
Sub-committee Meeting.
AUDIENCE COMMENTS
Mr. Sutphin stated, "Before we start, I don't want to in any way curtail the discussion of
any issue that is germane to what is being discussed at tOdayis meeting". Mrs. Smith has asked
me to emphasize that we are going to be physically removed from this room at 3:00 P.M. I would
like to make sure that we keep the discussions relevant to the issues being discussed and that
should allow us ample time to cover what I think we need to cover today.
167
Budget Sub-committee
February 18, 2004
1611
>4
Mr. Domenie stated, "I think you are doing a great job, but there are still too many
questions". We started off with the premise of a bond issue and lately we have been talking
about short-term borrowing. Who has to approve that? Can this Board approve borrowing, do
we have to go to the community to get approval if we can't finance through a Special
Assessment? If we are talking about a $300.00 Special Assessment, we don't need approval
from anybody for that except from this Board. Why not go to $500.00 or $700.00 and cover the
expense of the immediate things that we have in mind? Going out ten years we are talking about
certain things, some of which may never be realized and others may take priority. Perhaps we
should take it one step at a time, perhaps three years ahead. Vou also point out that we are
considering spending $1,500,000 in the mangroves next year. I don't care how much it is, but the
Board must have had something in mind to come up with a figure such as that. Are we planning
on straightening the canals?
Mr. Sutphin replied, "I will try to respond to the borrowing issue first". Bonds were
mentioned very early in discussions and I don't think anything that is currently being discussed
contemplates any long-term debt. Mr. Ward, the Constitution of the State of Florida provides
municipal governments the right to borrow to finance operations, correct?
Mr. Ward replied, "Ves".
Mr. Sutphin stated, 'We don't need anybody's permission to borrow money". In reality
this Board does not approve anything. The Board recommends a budget to the Board of County
Commissioners and if that includes some form of short-term borrowing and they approve, that is
all the approval that is required.
Mr. Domenie asked, 'Who would provide those funds"? Do we still go out on the open
market for that?
Mr. Ward replied, "Generally local banks are in the market for providing tax free money to
municipal governments".
Mr. Domenie asked, 'What is the effect of the legal expenses and documentation for
short term borrowing"?
Mr. Sutphin replied, "Any costs would obviously be included".
168
Budget Sub-committee
February 18, 2004
6 -
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Mr. Domenie asked, "Are we talking about ad valorem or an assessment"?
Mr. Sutphin stated, "How the Board chooses to tax the residents is not an issue that I
consider germane to the establishment of the budget". The decision of ad valorem versus non-ad
valorem is irrelevant from the standpoint of what we plan to accomplish. It is a separate
discussion that was brought up about six months ago and the Board voted overwhelmingly to
continue the current policy of certain items being funded on an ad valorem basis and others being
funded by a non-ad valorem assessment. I am not prepared to address that issue.
REVIEW OF PLANNING STATUS AND PROCESS
Mr. Sutphin stated, ''The next item is a review of where we stand". I think we are at the
point of attempting to put together the Step II iteration of the plan. It is not a budget and please
let's not confuse the two, It is a plan, which consists of identifying those programs that we would
like to see included for funding in Fiscal Year 2005 and which are highly likely to be included for
funding in the following one or two fiscal years. I tried to use some examples of the way that I
think we, as a Sub-committee, should approach this in order to come up with a Step" Plan,
which would then allow Mr. Ward to go out and start getting firm specifications and bids on
projects. That would lead us into the last and final stage of budget preparation, which would be
similar to what we have been doing in prior years, approval of programs in detail. I use three
examples in my Memorandum, one is beach renourishment that is a current year program that
would be carried over to Fiscal Year 2005 that I consider mandatory and interestingly has a major
unknown of who is going to pay for it. Next is doing something about the cattail areas, not
because I consider it the third most important project, but because it presents a classic dilemma
of how do you approach it and how much do you want to spend? Mr. Domenie asked what do
you want to do about the mangroves and the cattails or what is going to cost all of this money? I
would expect that once we have established that it supports our Mission conceptually, we are
going to take care of those things as part of our objective of maintaining Pelican Bay as a "top
tier" community.
The Clam Bay Sub-committee would come to us with specific
recommendations as to what it is they want to do, which would be included in the budget.
169
Budget Sub-committee
February 18, 2004
16,'1
Mr. Roellig stated, 'We have a Clam Bay Sub-committee Meeting scheduled for February
26 and as I understand it one of the items we will be talking about is a plan for $1,500,000", I
have an open mind on it, but I have a hard time imagining having to spend more than $100,000
an acre to remediate something. We are still looking at Pelican Bay's participation in the amount
of approximately $700,000 for beach renourishment. The last time I gave you the number was
right after New Year's and this is about six weeks later. The TDC is going to fund from Vanderbilt
Beach Road south past the Ritz Carlton, to approximately where the Contessa is located. From
the Contessa to approximately 1,500 feet south of the Sandpiper, also known as R-37, is what
Pelican Bay would pick up at an approximate cost of $700,000. The plans and specifications are
not completed; we do not have an engineering estimate and we are looking at the possibility of
starting in November of this year. A renourishment of this nature has a very short window to get
started because if it does not get started until January it could not get completed before Turtle
Season, which would automatically put us into another year.
Mr. Sutphin asked, "Are the TDC Funds a commitment or is that the current
recommendation of the Coastal Advisory Board and Tourist Development Council"?
Mr. Roellig replied, "Using the policy that the Board of County Commissioners has
adopted, the TDC would pay for one-half mile south of the south boundary of the Ritz Carlton
Hotel". There would be no other funds for the $700,000 from there to the southern limit from
where the permit would allow beach renourishment. That is where we stand at this time. I don't
think there are any contingencies on the County's part and if we wanted to add a 15%-20%
contingency to the $700,000 we could do that. A permit is still being processed and it is hard to
say when that will be approved and the bids can go out. The only way this can really work is if we
can go out with an advance notice to bidders about July.
Mr. Werner stated, "Mr. Ward at the last meeting I had said that Mr. Roellig had indicated
that it was necessary that we get a contact person and you said you were going to handle it".
Has that been handled or is it still open?
Mr. Ward replied, 'We talked with Mr. Hovell and Mr. Lukasz is the contact person at the
moment".
170
Budget Sub-committee
February 18, 2004
16, 1
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"
Mr, Roellig stated, "The Coastal Advisory Committee has a Budget Sub-committee also,
of which I am a member and we are going to meet next Wednesday". Very soon they will need a
letter of willingness to sponsor our portion of the project. We will discuss that at the Sub-
committee and bring it back to the Board in early March.
Mr. Carroll asked, "Mr, Roellig, could you comment on the $1,700,000 that we keep
talking about"?
Mr. Roellig replied, ''The $1,700,000 is the cost of renourishment from Vanderbilt Beach
Road south to the location where Pelican Bay would pick up". We started talking about
$9,000,000 and now we are talking about a total cost of $13,000,000 and I am not concerned
about coming up with TDC Funds for the $13,000,000.
Mr. Sutphin stated, "I would like to come back to beach renourishment a little further on in
the meeting", Before we go any further, one of the things that I am increasingly concerned about
is the time slippage involved in having a Budget Sub-committee Meeting, a Board Meeting at the
first of the following month and then having to wait until the next Budget Sub-committee Meeting if
there is any disagreement. Since there are a total of nine Board Members out of eleven
represented here, I know the members in the audience cannot vote, but they can nod their heads.
If we get consensus agreement on certain things at today's meeting, it is my intention to have
Mrs. Smith prepare what I would all a Consent Agenda to be presented at the March 3rd Board
Meeting as one item to be voted on by the full Board on those things where we appear to be in
agreement.
STEP II PLANNING STATUS AND PROCESS
Mr. Sutphin stated, ''The first program I would like to discuss is Oakmont Lake". It is a
carryover from Fiscal Year 2004 and was inadequately funded in the current year's budget and
there appears to be a general feeling that this is something we want to do. It was discussed at
the February Board Meeting in general terms and it is the first program that I feel should be
definitely included in our Step II Plan. In my Memorandum I dimensioned three options. The
options are a bare bones replacement; a replacement with upgrades, or a replacement that would
171
1611
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Budget Sub-committee
February 18, 2004
embody what those doing the design felt would reflect ''top tier" community status. I guess to a
great extent, it is the first test of our dedication to the Mission. I would welcome any comments.
Mr. Spanier stated, "I would like to convey the essence of the discussion and preliminary
action that was taken a few weeks ago in the context of the Annual Meeting of the Oakmont
Association". That meeting was essentially a social and ministerial event, but we took the
occasion to review some of the accomplishments that we have visibly seen in the area around
Oakmont Lake. I conveyed back to the membership the approach that is being taken by the
Services Division Board and this Sub-committee's approach for the improvement of the lake as a
possible multi-tiered approach. There was a general feeling among the 50-60 people in
attendance that they would like to have some input into the end appearance of the improvement.
To that end I asked for volunteers from among those present, as I hope to do again through the
Pelican Bay Post if it is the wish of the Board, to establish a 5-7 person advisory committee. I
have had a number of volunteers already who are eager and ready to serve and whether they
would be the best selections I do not know at this point. I would like to propose for the Board's
consideration and for Mr. Ward's information as well, the desire within the Oakmont Community
Association, the Barrington people and the Waterford people who are contiguous to the lake and
park that there is a desire to convene a committee that would be able to both initiate suggestions
about the architectural and horticultural appearance of that area and also to review whatever
preliminary conceptual plans that Mr. Ward's staff may care to place before it. I would like for us
to at least have the appearance of the community, as well as the substance, of having given a
great deal of advance consideration to the preferences of the users of the facility rather than to
have the type of reaction that we did with our well intentioned experiment with the berm. To that
end I will present a recommendation at the next meeting of the Board to give official recognition to
the existence of such a committee. In the interim I am simply serving as a pro tern chairman of a
group that hopes to come into existence.
Mr. Sutphin replied, "I think that approach is sound". What I am asking at this point is do
you want the committee to pick the flowers from the Walmart bargain lot or a quality nursery"?
Do you understand what I am saying?
172
Budget Sub-committee
February 18, 2004
1611
Mr. Spanier replied, "Very clearly". I think that in the end we have to present to the full
Board, several choices that have both a conceptual and a cost figure. For that we are going to
turn to Mr. Ward for active participation because he is our source of numbers. If it is the sense of
the informal group that we have here that we proceed on that tact, then I will get with Mr. Ward,
as the pro tem chair of this group and tell him what I think is necessary to begin to put some
structure on this at its' first meeting. Does that make sense?
Mr. Sutphin replied, "Absolutely, but it still does not answer the question that needs to get
addressed at this pOint in the planning process".
Mr. Werner stated, "I don't have a problem with what has been suggested, but I think it is
the Board's responsibility to set a budget and make sure what gets recommended is within the
budget and the overall concerns for safety, etc.". I know you came up with three alternatives,
but as I remember from what was presented to us, we had two alternatives. Now I see a third
item that may include very intense landscaping leading from the path to the water.
Mr. Sutphin replied, "You missed the point". I made up the third level; I am talking
concepts and not specifics.
Mr. Werner stated, "When we start talking about next year's budget...."
Mr. Sutphin stated, 'We are not talking about next year's budget, we are talking about
identifying the programs to be included in next year's budget".
Mr. Werner stated, "You asked for which of the three alternatives".
Mr. Sutphin replied, "The general level that Mr. Ward should go out and secure quotes
on",
Mr. Werner replied, "I just don't follow that".
Mr. Carroll stated, "It appears to me that getting such a committee is getting the cart
before the horse". It appears to me that what Mr. Sutphin is driving at is that we just conceptually
say replace it, upgrade it and he has just introduced upgrade it some more. I think that came
from Mr. Ward's statement at the last meeting that Plan two, in his judgment, was falling short of
what he considered ''top tier". We may consider that second option very adequate, but in order
to deal with it we would have to have Mr. Ward hire an architect to provide some rough cuts of
173
Budget Sub-committee
February 18, 2004
16"1
what plans A, B, and C would look like. Your committee could then deal with that. Mr. Sutphin is
trying to conceptually keep us on the path of where we are on this three-phase item? Do we think
going with the middle plan is adequate and you might say I don't know what the middle plan is, so
how can I do that? This one is close.
Mr. Sutphin stated, "'We want to get started in this fiscal year and this is one program
where time is of the essence". As an example, I would prefer to say Mr. Ward, get three design
approaches and bids envisioning "top tier" status, present these and have someone say I don't
think we need orchid plants, chrysanthemums are good enough and take them out as opposed to
looking at something and saying this isn't good enough. It is much easier to take a step back
than it is to come into something that you then find to be inadequate and not have envisioned
sufficient funding at this point in the process. Remember, the budget review comes after this.
You will always have the opportunity to eliminate something. It is much more difficult to add
something.
Mr. Nordhoff stated, "Mr. Sutphin is talking about adding items to be done, not the cost
for those items". Let's just forget numbers for the time being and prioritize things that we would
like to do and then the numbers will be added later. I don't think we should get hung up on what
this is going to cost.
Mr. Werner replied, 'We already prioritized this". We tried to do it this year and did not
have enough money. We know that it is a priority. We did not have enough money, not because
we didn't budget it, but because we had bad numbers to begin with.
Mr. Nordhoff stated, 'We are never going to get a list of projects if we are going to argue
about the cost of each and everyone at this stage". We will be stymied in a quagmire of whether
it is $10.00 or $20.00.
Mr. Domenie stated, "The way I understood it was that one of the drawings provided to us
was upgrading to Fiscal Year 2005 standards and the second was the upper tier". Coming back
to the suggestion of a committee that Oakmont wants to create, I think that is great. They should
then be present at these meetings and present their ideas, so that they can have the input. If we
come to a decision and three months later they say that is not what they had in mind that is
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counterproductive. If they want to have input they should be here today attending such meetings
with their specific ideas.
Mr. Nordhoff stated, 'We cannot advocate our responsibilities". We are an advisory
group. Mr. Spanier's suggestion is to have an advisory group advising an advisory group and is
just going to add to the time and confusion.
Mr. Sutphin stated, "Let me clarify what I have to accomplish to do my job". I am in favor
of a resident design review committee and it has nothing whatsoever to do with budgeting.
Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
on a vote of 3/1 to Include In the Step /I Budget replacing
and upgrading Oakmont Lake to "top tier" status. Mr. lalzzo
cast the nay vote.
Mr. laizzo stated, "I don't think we are here to set dollars",
Mr. Sutphin replied, 'We are not setting dollars".
Mr. laizzo stated, "If I have to make a selection I would select Option 2 to upgrade
replacement to Fiscal Year 2005 standards".
Mr. Sutphin replied, "That could very well be what it is".
Mr. Staros stated, "All Mr. Sutphin is trying to say is let's give Mr. Ward the directive to go
out and have something designed to present to the Board for approval". Maybe that is when
you say let's put more or less to it, depending upon what the design says. It is not picking small,
medium or large plants.
Mr, Sutphin asked, "Mr. Ward is that clear"?
Mr, Ward replied, "Yes".
Mr. Roellig stated, "I don't want to see three designs". I want to see a good design with a
bunch of options.
Mr. Staros replied, "That is basically what Mr. Ward is going to do".
Mr. Sutphin stated, "Community input is always welcomed and encouraged".
Mr. Staros stated, 'With a design you could always put gold leaf on it if you want, but you
can also strip it off if you don't want it, but at least you have a design to start with.
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Mr. Sutphin stated, "Mr. Ward, in the Step II budget, the general level of funding should
reflect your best estimate of the ''top tier" status cost.
Mr. Ward replied, "I understand".
Mr. Sutphin stated, "The next item is beach renourishmenf'.
Mr. Roellig stated, "In my opinion we should go with what is in the permit application". It
appears that our costs today would be $700,000 and it would be prudent to add a contingency of
15%-20% to that and is probably what we should do on a lot of these projects. You come in with
your best number and then add a contingency.
Mr. Sutphin asked, "If we do that and add a 20% contingency, we will have $840,000 in
the budget". Then, along comes October and the County changes their mind on the allocation of
TDC Funds, do we not do the beach renourishment?
Mr. Roellig replied, "I can't imagine that scenario, although there is that possibility".
Mr. Sutphin replied, "I would like to remind you of the median landscaping for U.S. 41".
Mr. Roellig stated, "I understand that, but I can't imagine a situation where they would not
renourish the beach in front of the Ritz Carlton Hotel".
Mr. Sutphin replied, "I can".
Mr. Staros stated, "I hope not, we generate the lion's share of taxes for those funds".
Mr. Sutphin stated, 'We should budget for beach renourishment and if the County
provides part of the revenue so be it, but that number is $1,700,000".
Mr. Roellig replied, "Right, in that ballpark".
Mr. laizzo asked, "How often do we do a beach renourishment"?
Mr. Roellig replied, "The last one was done in 1995/1996 so it is approximately every ten
years".
Mr. laizzo stated, "I thought we did it in 2002"?
Mr. Roellig replied, "No, I am referring to a county-wide beach renourishmenf',
Mr. laizzo stated, 'We did our own beach renourishment in 2002".
Mr. Roellig replied, "That was very limited",
Mr. laizzo stated, "It was a $74,000 bill, what did it cover"?
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Mr, Roellig replied, ''That was a dune restoration and it was funded by the County, not
Pelican Bay".
Mr. laizzo stated, 'We paid $74,000 for that work".
Mr. Ward stated, ''That was for dune restoration and not beach renourishment".
Mr. Lukasz stated, ''That was in a Cost Center that is reimbursed by the County".
Mr. Sutphin stated, ''The issue here again is conceptual". I feel that we are committed to
beach renourishment and the cost of that is $1,700,000. If we do not have to generate the
revenue from our property owners, fine, but we need to budget $1,700,000 in spending.
Mr. Roellig replied, "I don't necessarily agree with that". If the County doesn't do the
renourishment, it isn't going to happen at all. This renourishment is not going to be accomplished
with trucks, but sand is going to be taken from offshore and placed on the beach. To start that
renourishment you are going to have mobilization costs of approximately $1,500,000. You have
to do it all in one year; if you do it in two years you are going to have to eat that mobilization cost
twice and I don't think anyone in the County is going to do that. Our $1,700,000 will not buy
anything. I can't picture a situation where the County would do half of a project. We have a
permit and if you go "top tier" that means we do everything that the permit allows us to do.
Mr. Sutphin asked, 'Would that be your recommendation"?
Mr. Roellig replied, "Yes".
Mr. Sutphin stated, "Mr. Roellig, I have to defer to you if you think the check is in the mail
from the TOC".
Mr. Roellig stated, "If the TOC does not fund it, nothing is going to happen". The City of
Naples is not going to come up with any money.
Mr. Sutphin asked, "Are you saying that if beach renourishment is going to happen at all,
we will get TOC money to the tune of approximately $1,000,000".
Mr. Roellig replied, ''The entire TOC project is $9,000,000 and they have to come up with
a big chunk of money or the renourishment does not happen".
Mr. Carroll stated, ''This is a ten year program".
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Mr. Roellig stated, "That is why I did not have any heartburn over the $1,700.000". If we
had $700,000 for this major renourishment, ten years from now we may be looking at another
major renourishment.
Mr. Sutphin replied, "I agree". Mr. Ward, for Step II we will include $700,000 plus a 20%
contingency for a total of $840,000 for beach renourishment, with the balance of the revenue
coming from TOC Funds.
Mr. Steve Seidell - San Marino - "Could somebody describe to me what beach
renourishment is"?
Mr. Roellig replied, "In the 1995/1996 time frame a major beach renourishment was done
in Collier County starting at Oelnor Wiggins State Park down through the City of Naples". This
amounts to a dredge being sent into the Gulf to find high quality beach sand, pump it on shore
and spread it so that you end up with a strong beach. The natural erosion is very slow at about
six inches per year.
Mr. Oomenie asked, 'What is the natural beach"?
Mr. Roellig replied. "Prior to 1995 the beaches in the City of Naples were approximately
fifteen feet wide and after being renourished the beaches were approximately seventy-five feet
wide".
Mr. Seidell asked, "Is this when the rocks appeared on the beach"?
Mr. Roellig replied, "That is where the rocks came in, but this time the sand will be run
through a sieve before it comes on to the beach".
Mr. Sutphin stated, "Mr. Roellig, I would appreciate it if you could continue this outside of
the meeting and have the gentleman attend the Clam Bay Sub-committee Meeting where it is
discussed in far more detail".
Mr. Sutphin asked, "Mr. Ward are you set on beach renourishment"?
Mr. Ward replied, "Ves, sir".
Mr. Sutphin stated. ''The next item is the berm area". Again, I used as an example, a
program that was mentioned by Mr. Hall in his presentation of the Annual Clam Bay Monitoring
Report, various options for doing something about the cattail mess". I would defer to the Clam
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Bay Sub-committee that I believe that you should present a specific set of parameters to Mr.
Ward. Not a detailed plan, but what your Sub-committee feels should be done and funded in
Fiscal Year 2005 and for the next two years to support the Mission of keeping Pelican Bay a "top
tier" community.
Mr. Roellig stated, ''That will be taken up at our next Sub-committee meeting". I don't
intend on dumping money into a swamp and for it to appear as "top tier" community it has to look
like golf course, I don't intend to do that either,
Mr. Sutphin stated, "It is a very visible example and a lot of people feel we need to do
something about if',
Mr. Staros stated, "I don't now what the difference between a "top tier" community is, with
or without cattails". You buy a wall you own it for twenty years until you have to fix it again. You
buy a beach and own it for ten years and unless you have a hurricane you renourish it. The
cattails you kill on Monday and they are back on Tuesday. I don't know how you do this one.
Mr. Roellig replied, "My sense is that they just want it green, but we are not going to paint
it",
Mr. Sutphin stated, 'We need a ballpark number for Mr. Ward to include in the Step II
budget".
Mr. Carroll stated, "One plan is to eliminate the cattails". I don't know how you do that or
how much it is going to cost, but I don't think we want to avoid having a plan to get rid of the
cattails so that we don't have those 1,000 people throwing garbage at us. We have to do
something about it.
Mr. Staros stated. "It is hard to envision what "top tier" means when you are talking
cattails". I don't know what it is.
Mr. Werner replied, "Get a better grade of cattails".
Mr. Sutphin stated. ''This is a hard one". I was told by Mr. Hall approximately two years
ago that a perfectly acceptable method of controlling the ecosystem would be to let the cattails
grow, but budget the labor to go in and clean the dead ones out every couple of years. I would
not dismiss that as an option. Cattails like that swamp. Let's come up with a number and get it to
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Mr. Ward. I would also include whatever you feel needs to be done in the Clam Bay System. I
know there seems to be some pretty compelling evidence for digging the cuts, which appear to be
working in terms of the mangrove health. If I were going to opt to spend money on anything out
there, it would be to dig more ditches. When is your meeting Mr. Roellig?
Mr. Roellig replied, "February 26th...
Mr. Sutphin stated, "Can you get the input to Mr. Ward in time for him to produce a Step II
budget for our March 3 Board Meeting"?
Mr. Roellig stated, "It would be my intention to have recommendations by the end of the
Sub-committee Meeting".
Mr. Sutphin stated, "Mr. Ward, I think the things that need to be included in the Step II
plan are any scheduled replacement programs that would occur during Fiscal Year 2005".
Mr. Ward replied, "Correcf'.
Mr. Sutphin stated, 'We have not spent any time on those because they are mandatory
and we will simply plan for them".
Mr. Carroll stated, 'Water management is one of those listed and I don't know what that
means" .
Mr. Sutphin replied, "I don't either". Mr. Ward could you elaborate on what you envision
in terms of water management"?
Mr. Ward replied, 'What the golf course has done over the past two years to make this an
Audubon approved golf course is that they had to bring this course into today's standards". That
means dealing with aeration devices in the system to assist in that endeavor. I think that is an
improvement to the water management system that we may want to consider and from a cost
perspective these are not inexpensive items to do.
Mr. Sutphin stated, "It was given a high priority in, the rank ordering that the board
participated in". If I don't hear any objections I would ask Mr. Ward to include that in the Step II
Plan as well.
Mr. Staros stated, 'When I voted on the water management as a high priority, I meant the
mechanical systems that keep everything in balance and to make sure we had the funds
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available for the valves and the things that manage the water flow, knowing those mechanics
wear out". When the mechanics were put in they had a certain life expectancy before they died.
thought that was what water management was.
Mr. Ward replied, "In Pelican Bay's case the water management system is a gravity
system, so there are no pumps and the pipes tend to last fifty years unless you have a major
collapse in the system". With this system you are not going to have a lot of costs in that regard. I
looked at it more as improvements to the system to get the water quality levels up, to make it look
like the standards of conception that you have today and that is your plantings and aeration
devices to help with the water quality.
Mr. Carroll asked, "\ wonder if that item needs to be in this first list, can that be
challenged"? I know we voted it that way, but I don't think we knew what we were voting on.
Mr. Sutphin replied, "( agree with you". Do you see any down side in making this a Fiscal
Year 2006 item?
Mr. Ward replied, "Yes, I think as part of the Oakmont "top tier" design I will have to
include some improvement to the lake". The dollars ought to be left there for sufficient funding
ability to look at that entire area and the lake to bring it into a ''top tier" community.
Mr. Sutphin asked, "Just that lake or all of the lakes"?
Mr. Ward replied, "Just that particular lake".
Mr. Sutphin stated, "Let's include that for Oakmont Lake and that would serve as an
example of what the cost might be for the rest of the system".
Mr. Ward replied, "Correct".
Mr. Sutphin stated, "The Board will have a chance to look at the details of what is
required to upgrade Oakmont".
Mr. Spanier stated, "It has come to my attention, by someone who operates a store at
Waterside Shops, that there has been talk of relocating and rebuilding their lake". Part of the
reconstruction will be the splitting of the Jacobsen's store into a couple of parts and establishing a
water feature. In the event that there is a need for a major change in our water management
system, is that something that will be done in advance through our Pelican Bay Services
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Division? Would the owners of the land do it or how would that be accomplished? That lake is a
key aspect in the water management system.
Mr. Ward replied, ''Those lakes are private". There are a few lakes within Pelican Bay
that happen to be private and that happens to be one of them.
Mr. Werner asked, "The big lake by West Boulevard"?
Mr. Lukasz replied, "Yes, that is their lake".
Mr. Sutphin stated, 'We would not be on the hook for anything that happens at
Waterside".
Mr. Sutphin stated, "The last item that I would like to deal with for inclusion in the Step II
Plan is an increase in the reserve levels that is implicit in our Mission to insure equipment
reserves which are currently $1,500,000". Is that correct Mr. Ward?
Mr. Ward replied, "$1,200,000".
Mr. Sutphin asked, 'What would you feel to be an appropriate level of increase to those
reserves in the first year of a five year plan"?
Mr. Ward replied, "I don't know in the first five years". I would have to look at what we
would be in a position to deal with in the first five years, but I don't think a lot, based on the
concept of keeping the Capital level at approximately $325.00 per unit per year. Over the time
horizon of the plan $4,000,000 is where we need to be.
Mr. Werner stated, ''That is $280,000 per year".
Mr. laizzo stated, 'We automatically have a reserve of 5%".
Mr. Sutphin replied, "I would like to clarify that". The revenue reserve shown on the
Collier County financial statements is not a reserve. It is a discount and is money that the County
never gets. If your tax bill is $1,000 and you pay it early, you only pay $950.00. That $50.00 is
the reserve and is not real money.
Mr. Werner stated, "The only other reserves that I know of are for the Uninsured Assets,
which is the landscaping". I agree that we should have them, but I don't think we have any
reserves.
Mr. Sutphin replied, "It only grows if we budget to replace it".
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Mr. Sutphin moved, seconded by Mr. Nordhoff and approved
unanimously to a $300,000 reserve increase as a part of
Step /I for Fiscal Year 2005".
Mr. Roellig stated, 'We are talking about the vegetation and the clean up after a major
storm". I want to make sure we are talking about the same thing.
Mr. Roellig stated, 'We have a specific line item of over $1,000,000 to take care of
cleaning out the vegetation and some replanting after a major storm". I don't see the point of a
high reserve for vegetation specifically. You call it a reserve and I call it a contingency.
Mr. Werner stated, "lf you had a major storm you would not just have to replace
vegetation". You would have to replace street signs, lamp posts, etc.
Mr. Sutphin asked, "Mr. Ward are we allowed to have unidentified reserves"? There was
a general feeling that we were under reserved and I believe the consensus is to build that reserve
balance.
Mr. Domenie asked, liDo we have any insurance on the automobiles and hard assets that
we own"?
Mr. Sutphin replied, liMy understanding is that the hard assets are insured". The only
reason the vegetation is not insured is that it would be some astronomical number.
Mr. Ward stated, liThe County is a self-insured program". The $1,000,000 that we
currently have in the Uninsured Asset Program was intended to cover our landscaping program
because no amount of money insures it. Conceptually if some sort of natural disaster were to
strike, you have to be able to fund up front improvements for the restorations of those things that
were destroyed. Once performed, hopefully a percentage of those funds would be returned from
the Federal Government. The current distribution of FEMA Funds is approximately 70% on the
dollar. That does not include your landscaping program, so about 70% of that will be able to be
utilized for those assets. You have to have some money to stay ahead of the curve. After a
natural disaster is not a time to go after residents for restoring assets.
Mr. Sutphin asked, "Mr. Ward, are we restricted in any way from having unidentified
reserves or reserves for contingency"?
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Mr. Ward replied, 'We are not per se and we are per se". My opinion is that government
is not required to specify which capital asset you are going to reserve for or which capital asset
your reserve is allocated for. This is an opinion that I have with respect to that issue. The way I
generally get around it is to indicate that to the extent that the Division or District has the authority
in its' enabling ordinance to construct, operate and maintain certain assets identified in the
enabling ordinance, that is the definition of the asset that we would be able to utilize our reserve
funds for, without specifying an amount per asset, but identifying them globally pursuant to the
Ordinance itself.
Mr. Sutphin stated, 'We will leave it at that for now, but we will plan for a $300,000
increase in reserve levels for Fiscal Year 2005".
Mr. Nordhoff stated, "It will be for general reserves and not just for landscaping".
Mr. Sutphin asked, "Are there any programs that have not been discussed that any Sub-
committee or Board Member feels should be included at this point for Fiscal Year 2005"?
Mr. Carroll asked, "Are you talking just Fiscal Year 2005 or Fiscal Years 2005 and 2006"?
Mr. Sutphin replied, "Fiscal years 2005 and 2006".
Mr. Carroll stated, "Okay, because these programs are not all going to get done during
Fiscal Year 2005".
Mr. Sutphin stated, "I would suspect that some of the things the Clam Bay Sub-committee
talks about will not get done simply because of the permitting process and they will flow over into
Fiscal Year 2006". Virtually anything requiring permits. with the exception of beach
renourishment where we are already have the permits, will flow over into Fiscal Year 2006.
Mr. Roellig stated, "The permit for the major renourishment has been applied for and is
being processed with the hopes of having it within a few months".
Mr. Sutphin asked, "Does your Sub-committee know in detail those things that could
actually be done in Fiscal Year 2005 and where the permitting process would move it into the
next year"?
Mr. Roellig stated, 'We could come up with that".
Mr. Sutphin stated, "That could be included as part of your input to Mr. Ward".
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Mr. Staros stated, "At the last County Commission meeting that I attended about ten days
ago. the County was in the process of permitting beach renourishment with the idea of
commencing work November 1, the day after Turtle Season ends".
Mr. Sutphin stated. "Unless something goes off track, that is a program that will get
completed during the next fiscal year".
Mr. Roellig stated. "You have no way of knowing that and it is a very ambitious plan to get
it done that fast". We will have a very good indication about the permit by June or July. If we
don't have the permit in hand or an indication by then, it will go into the next year.
Mr. Sutphin stated "The next subject I would like to discuss is about getting our message
out to the community". I guess I have come full circle on this. We took a stab at a pretty
sophisticated Power Point Presentation, which the Board looked at in February and raised some
questions as to what we want to present. Presentation is probably the wrong word. I talked to
the Bay Colony Community Association Board of Governor's a week ago about this program and
I used the ten-page Power Point Package that Mr. Ward had prepared as a handout. It was
called the Community Assets Preservation Program and included our Mission and Objectives
along with some numbers, but I didn't talk about that". I gave it to them and told them to read it
and I talked primarily about our Mission, which was to increase the level of investment in the
community to maintain Pelican Bay as a ''top tier" community. The program got rave reviews and
they were all for it. That is one approach. The more I think about it, taking a Power Point
presentation on the road may not be the best way to present this and I am open to suggestions
on how to get this done or to simply not do it and let the public hearing, which is part of the
budget approval process do it for us, which I don't recommend.
Mr. Nordhoff stated, "Since we are talking concept and not numbers, I believe a short,
well-written letter, explaining our objectives would do and let it go at that", I think that will have
communicated what we are doing. Discussion begs every number, why, when, where and we
don't have the answer to those. I don't believe we want to get into that and a letter that is brief,
open and informative would be more than sufficient.
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Mr. Staros stated, "That letter should invite anybody with an interest to attend our
meetings to be able to participate". When you think about how few people attend our meetings, it
is 1/1 Oth of 1 %.
Mr. laizzo stated, "A letter containing as much as we can give them is necessary for the
residents". We have been talking money all along and you cannot say that we are going to be
"top tier" as most of us feel we are "top tier"; you are going to have to identify the money. You
can't come out later and say, "by the way it is $23,000,000". You are going to have to tell them
that it is money and provide a rational approach. You can't give them a vague concept or a high
cost concept. I am in favor of community improvements, but that is as far as I will go. I say let's
identify those infrastructures; let's see how long they have been around and what could be
replaced and do we improve or enhance on that replacement? I think that will sell and I have
strong feelings on that approach.
Mr. Werner stated, "I thank you all so much for doing this". This is something that has
been badly needed and I think you can see the interest from the Board. I don't think going out
and presenting concepts and a number of $23,000,000 as a basis is the way to do it. I would
discourage you from doing that. When the Concerned Citizens wanted to write a new Ordinance,
two thirds of that Ordinance concerned our issuing bonds and borrowing money and it turned a lot
of people off. I think they will be distracted from your main accomplishment if it gets out that we
want to borrow money or issue bonds, even though you are not thinking about that right now. I
don't think you have to go out and put on a "dog and pony show". I believe a letter is sufficient.
You don't put out a letter asking what would you like us to do, but a letter saying that your
Equivalent Residential Unit Assessment is going to be increased because we have decided to
raise the reserve level from $1,200,000 to $4,000,000 and it is going to take $300,000 a year to
get there. You tell them about beach renourishment and the.Clam Bay improvements, etc. and
that the overall level of spending is going to be up.
Mr. Sutphin stated, "To clarify my view on short term borrowing, I would certainly rather
not do it unless there is a project of sufficient magnitude that the relatively low cost of the short
term borrowing is more than offset by the desirability of getting it done". It is a working capital
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February 18. 2004
and is not a long-term financing tool. I don't even consider it debt in the classic definition when
you look at a balance sheet. Most people look at short-term debt as working capital not as
indicative of the overall health of an enterprise. They are very different in my opinion.
Mr. Werner replied, "That may not be so of the other residents".
Mr. Sutphin stated, "People have said why don't we do it like condominiums"?
Condominiums don't have a choice, isn't that correct Mr. Ward?
Mr. Ward replied, "That is correct, homeowners associations do, but not condominium
associations" .
Mr. laizzo stated, "It is not necessary, but it is good sense".
Mr. Domenie stated, "I have been very critical of the $23,000,000 figure, but I agree any
letter sent out should not mention any dollar figures". The letters should just indicate that we are
looking at how to improve the underlying assets of Pelican Bay to keep it the way it was when you
bought it and to keep it in the forefront. Say that the specifics are being discussed. I also feel
that for the next two years we should not borrow, just increase the assessment for that year, plus
we will have specific programs that we can say we are raising their assessment to cover.
Mr. Sutphin stated, "I am going to present the Board with an option of having assessment
levels that go up and down or assessment levels that remain relatively constant with an
occasional use of a short term cash infusion, to get something done in a timely manner".
Mr. Carroll stated, "I don't think you can go out to the residents without providing any
numbers". We are thinking about raising their assessment $300.00 a year and the kind of people
we have in Pelican Bay are not going to say that is fine. They are going to want some kind of feel
for where this is coming from. When I talk to people about this, the $23,000,000 sounds very
large. You divide that $23,000,000 by ten years and you are down to $2,500,000 a year; divide
that by 7,000 people and the result is $300.00, which does not seem to shock people. I am not
afraid of giving them some numbers to back up a $300.00 increase in their assessment.
Mr. Sutphin stated, "In one of my conversations with Mr. Petty after the last Board
Meeting, he mentioned a total value of Pelican Bay assets that the Division is responsible for".
Mr. Ward, do you have that number?
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Mr. Ward replied, "No I don't".
Mr. Sutphin stated, "Mr. Petty had mentioned $250,000,000". Does that sound like it
could be in the ballpark?
Mr. Ward replied, "No, I can't see how he came up with that number". I have a number in
my head, but like the number I threw out for office restoration, I am not going to do that again.
Mr. Nordhoff stated, "There was an estimation in Commissioner Halas' seven page letter
of annexation, for homes and condominiums".
Mr. Sutphin replied, 'We are talking about publicly owned assets". The point I was trying
to make is that if the numbers are sufficiently dramatic, reinvesting $2,000,000 a year to preserve
a very large asset base is something most people can relate to.
Mr. Staros stated, "It might be effective in this letter to refresh everyone's mind how much
we do spend every year".
Mr. laizzo stated, "Tell them about our assets and that they have to be maintained".
Mr. Staros stated, "Tell them that we are celebrating our twenty-fifth anniversary and that
things are wearing out and we need additional funds, just because the average person may not
be focused on this". Any letter without that is just a letter. You have to give them something
showing what is normally spent, we are twenty-five years old and we are thinking that we are
going to up the ante a little.
Mr. laizzo stated, "It is not so much the money, they need to know the approach you are
going to use to replace the assets and infrastructure".
Mr. Sutphin stated, "Something that also struck me was the title "Community Asset
Preservation program". When you stop and think about it that is really what we are talking about.
We are not talking about changing Pelican Bay we are talking about preserving it. If you have a
factory you have to reinvest in your plant and equipment to stay competitive. I like this as a title.
The Mission and Objectives are really the guts of what I feel we want to communicate.
Mr. Carroll stated, "This needs a whole lot of work if you are thinking about using it".
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Mr. Sutphin replied, "I am just referring to the title". Anything that goes out to the
residents has to avoid terms that we accept as jargon because we are used to them, like ERU.
Most people are not going to know what an ERU is.
Mr. Carroll stated, "Don't use "Uninsured Assets" because that will scare the heck out of
them".
Mr. Sutphin stated, "The jargon means something to us, but it might scare people".
Would anyone like to volunteer to draft a letter to the community?
Mr. laizzo stated, "I already have something that I would not mind using".
Mr, Sutphin stated, "I think your approach has a lot of merit as a method of execution".
Mr. laizzo stated, "I want an approach that the residents will be comfortable with".
would like to see the community do its' own work. I want to see this community do some work
and some volunteers to come forward.
Mr. Carroll replied, "Good luck".
Mr. laizzo replied, "You will find them". They would be volunteers to do what I am doing
here. They would identify/photograph and record all components or integral parts that embody or
make up the community infrastructure. Estimate and record its' replacement by time and date.
Establish a cost range for each replacement and its' life expectancy. Identify new locations for
enhancement add-ons. Establish a cost range for each new enhancement and its life
expectancy. All would be presented for Pelican Bay Services Division approval and
authorization. All mailings should include a response/post card to the above proposaVplan. I
think that is straightforward and it gets the community involved and provides volunteers to do the
work. There are plenty of volunteers that do Foundation work and we can do the same for the
Services Division.
Mr, Domenie stated, "That is what this Board does",. We do not take pictures, but we
have identified the projects.
Mr. laizzo stated, "You have not identified anything". What we have done is too vague
and too costly. What we need to do is identify specifics that we are going to replace. You can
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improve and go a step up. Enhance is something that did not exist before. Enhance means to
add something that we didn't have prior.
Mr. Domenie replied, "You have identified some things".
Mr. laizzo asked, 'What"?
Mr. Nordhoff replied, "The list that was prioritized".
Mr. Domenie stated, "Round-a-bouts, water features, widening of streets are three items
that have been identified".
Mr. laizzo stated, "I want to improve what is in the community, not something that we are
going to add". Let's improve the community and if there are still dollars that we want to spend, we
can add, if it is necessary.
Mr. Sutphin stated, "Everything that Mr. laizzo has said is outside of what I think the
approach should be, but this isn't the time in the process to do it". I think the methodology that
you are proposing, in an ideal world might work, but not in an environment where we can't talk to
each other outside of a public meeting.
Mr. laizzo stated, 'We could institute a staff and let them do the work".
Mr. Carroll replied, "That is against the Sunshine Laws". I have gotten shot down on that
three or four times. I wanted to set up a meeting and have one or two outside people because I
felt they had the real expertise. I called the County Attorney and there is no way I could do it. It
is terrible, but that is the way it is.
Mr. Domenie stated, "Individuals can set up a meeting and come and report what they
think to you".
Mr. laizzo stated, "That is what I am suggesting". We can establish a group of
responsible people.
Mr. Domenie stated, "That is what is being said, we cannot do it".
Mr. Werner stated, "Even Mr. Ward said that when we wanted to appoint Mr. Spanier as
a one-man committee to work with Mr. Ward to study the traffic issue". Mr. Ward recommended
that it not be done that way because it made his meetings with Mr. Spanier subject to the
Sunshine Laws". I think that would apply to your volunteers.
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Mr. laizzo stated, "I will volunteer my time with Mr. Lukasz to go out and do that work".
Mr. Nordhoff stated, "( think Mr. Lukasz' people do that". Different people do a lot of this
work during the course of their operations.
Mr. Carroll stated, "Maybe the only way we could continue is for Mr. laizzo to just do it
with Mr. Lukasz".
Mr. Werner stated, "You could do it but we could not appoint you as the committee, or
that would make you and Mr. Lukasz subject to the Sunshine Laws".
Mr. Sutphin stated, "Sticking with the issue of communicating with the residents, it was
mentioned a meeting or two ago that a special edition of the Pelican Bay Advisor might be
appropriate". The advantage is that we could have it done glossy and perhaps have it included in
the Pelican Bay Post. Saving the postage would offset the cost of production and we could come
up with a classier looking document.
Mr. Staros asked, "As a stuffer that goes with the paper"?
Mr. Sutphin replied, "Yes".
Mr. Carroll replied, 'We tried that and they will not do it". They will accept no inserts. The
idea of another edition of the Advisor in the quality that was done the last time is the way we
ought to go and will cost $6,000-$7,000, but this is a big deal.
Mr. Nordhoff stated, "You have already written this piece in the paper and now all you
have to do is organize it".
Mr. Werner stated, "I will try to piece together a letter and send it over".
Mr. Sutphin stated, "This letter has to express the desires of the Board". The Board
approved the Mission and the Objectives with the only discussion being how to implement
programs to support that Mission. Once we have decided on that we will come to the formal
budgeting process to make sure that whatever we do is done in the most cost effective manner
possible. We are not at that point and maybe some of you think I don't care about costs, but
believe me I do.
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Mr. Carroll stated, "Mr. Werner just suggested that he was going to provide a letter to
Mrs. Smith, it could be that each of us could put that into the system and you could come up with
the overall letter" .
Mr. Roellig stated, "One draft and to massage that draft would be the best way". I don't
think you can take a paragraph from each person and make up a letter and I think it is premature
to do it at this point.
Mr. Spanier stated, "There is no outcry in the community at this point for an expose' of
what this Sub-committee has been doing". You have to keep in mind that for good and sufficient
reason, we all converged at this level and then the Board got onto the idea that we must
implement a targeted increase in taxes in this community. We are going to implement that very
soon on the Pelican Bay time scale. Within a few months most of the community will be going
home, we will be entering the front end of our actual budgeting process and will be going out the
rear end with an increased assessment of approximately $300.00 Our letter has to prepare the
community, by very succinctly coming to a final restatement of what we have been doing and
starting the next Fiscal Year we are going to have to shoulder an assessment increase of
approximately $300.00. I think when you have to write a sales letter you have to pre-sell the
notion of that increase as something constructive, proactive and of tremendous importance. That
is what the letter has to do. It can't massage our egos. Let's pre-sell the idea that for good and
sufficient reasons set forth in this letter we are going to have to face up to our obligations as
responsible tax payers and prepare for an increase in assessments beginning in the next fiscal
year.
Mr. Werner stated, "If you could to a Reader's Digest version of that it might be more
appreciated". I would stay away from the $300.00. I don't think we are going to need anything
near that and that figure was based on assumptions and some. of the major programs targeted for
Fiscal Year 2005 are not going to happen to that degree. I would couch it in as general terms as
possible that we want to build a reserve and upgrade the community.
Mr. Sutphin stated, "I will take a shot at coming up with a draft that the Board can
consider". I would appreciate that any and all of you that are willing; send inputs to Mrs. Smith
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that you feel would be appropriate. I love to plagiarize and it would be most useful if you could
send them to her bye-mail for the simple reason that I could cut and paste it to a word processor,
which makes what I would like to do infinitely easier.
Mr. Carroll asked, "Are you leaning away from addressing coffee groups or condominium
associations"?
Mr. Sutphin replied, "Not necessarily".
Mr. laizzo stated, "I think the letter that is being put together is more important than
addressing the groups".
Mr. Sutphin stated, "If the Board of an association, not the general membership, would
like to be brought up to speed on our thinking that might be useful". Present to smaller groups
and groups that communicate laterally throughout the community as opposed to larger
audiences.
Mr. Spanier stated, "The President's Council is a ready made network".
Mr. Sutphin stated, "That is basically what I did at Bay Colony". Their Board of
Governors represents the president of every condominium and homeowners association in Bay
Colony.
Mr. Carroll stated, "I know that you are concerned about the timing of this in relation to
the season". If we take this to the Board in early March it still gives us a little time to get this out.
Is it your thinking that this letter can go out right after that Board Meeting?
Mr. Sutphin stated, "Absolutely, as soon as the Board approves something why not get it
out". The more time we have to get feedback from the residents, the better job we can do of
understanding their concerns and answering questions.
Mr. Roellig stated, "I would try to keep that letter to one page". Not many people read
one page and you will cut that down to 5% if it is five pages.
Mr. Carroll stated, "Don't make the print too small".
Mr. Sutphin stated, "My only suggestion is a one page letter, which will get more attention
than a multi-page letter, with a spread in the Pelican Bay Post Advisor, with something that gets
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distilled out of the Mission and Objectives". I will take a stab at it and have it ready for the Board
in a couple of weeks.
Mr. laizzo stated. "I want to read two sentences right off the top of my letter". It helps to
identify the community to a person's property. "The Ten Year Capital Projects Plan for improving
our community and a "top Tier" image is a fine idea and sound concept. It is no different than
renovating ones' condo unit or home after so many years of use". We should say that when it
comes to planning our future the Sub-committee would identify and replace, over time. those
elements that make up our community infrastructure. Then they can identify how we will replace
these items.
Mr. Staros stated, "Using that theory. you don't tear out Formica and replace it with
Formica, you generally upgrade to Corian or granite".
Mr. Sutphin replied, "I appreciate your inpur. The last item is food for thought. The last
iteration of the Power Point Presentation that I received which I didn't think we had time to look at
today, I don't believe now suits the communication vehicles that we want to pursue. It contains
the idea of adding a staff person to the organization, to be the long-term overseer of the
Community Asset Improvement Program. The thought behind it is that Board's come and go and
if we embark on a multi-decade program there needs to be some continuity. Mr. Ward. would you
like to speak to that?
Mr. Ward replied. "Mr. Sutphin and I have discussed this over the past few months with
regard to a long-term capital improvement program and to ensure that there is continuity in the
program there needs to be someone to ensure that whatever gets done is in a timely manner,
funded correctly and to keep the entire program moving forward. I suggested a number of ways
in which to handle it and the suggestion made by staff was to have an individual on staff to help
with that is an important element of this project.
Mr. Sutphin stated, "I wanted to get that idea out and I wanted to ask Mr. Ward to bring a
draft of the job description and an estimated cost of what it might be to add this resource to the
Board for consideration".
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Mr. laizzo stated, "That doesn't excite me". I want to identify all of the items that make up
this community, end of story. Once that is documented, we don't need staff to continue this
project.
Mr. Nordhoff stated, "If you want new things they are not there to be identified now".
There are no pavers or water features.
Mr. laizzo replied, "Those are enhancements and are not replacement items". I am
talking about infrastructure replacements. If you want to add in enhancements, that is another
issue that we can address separately and they will know that it is an added cost and not an
improvement to something that already exists.
Mr. Sutphin stated, 'What I would like Mr. Ward to think about is that this might be a first
opportunity to share a closely related cost function with the Foundation". The Foundation will
continue to augment a code enforcement and review department and we have the need to do
something. I think it might be in our interest to share the cost of the staff person who would look
long term at the facility and amenity requirements for the Pelican Bay community.
Mr. laizzo stated, "Maybe a permanent person from the Foundation might want to work
with us on that".
Mr. Sutphin replied, "That is fine".
ADJOURN
There being no further business, the meeting adjourned at 2:55 P.M.
Christopher Sutphin, Chairman
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BUDGET SUB-COMMITTEE
March 1 7, 2004
Naples, Florida
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LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division
Board met in Regular Session on this date, March 17, 2004 at 9:00 A.M. at Hammock Oak
Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present:
Mr. Christopher Sutphin, Chairman
Mr. John laizzo
Mr. David Nordhoff
Mr. Edward Staros
ALSO PRESENT: Four (4) Pelican Bay Advisory Board members; Mr. Coleman Connell, Pelican
Bay Property Owners Association; Four (4) Pelican Bay residents; Mr. Kyle Lukasz, Field
Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay
Services Division and Mrs. Barbara Smith, Recording Secretary.
AGENDA
1. Roll Call
2. Approval of minutes of the February 18, 2004 Meeting
3. Audience Comments
4. Step II Plan Workshop:
- Oakmont Lake: How much, when
- Clam Bay
- Beach Restoration
- Reserves
5. Sub-committee requests
6. Adjourn
ROLL CALL
Mr. Sutphin called the meeting to order and asked that the record show all members
present.
APPROVAL OF MINUTES OF THE FEBRUARY 18. 2004 MEETING
Correction to the Minutes of February 18, 2004 - Page 175, line 3, "advocate" should
read, "abrogate".
Mr. Nordhoff moved seconded by Mr. laizzo and approved
unanimously, the Minutes of the February 18, 2004 Budget
Sub-committee Meeting subject to the above referenced
change.
AUDIENCE COMMENTS
There were no audience comments.
STEP II PLAN WORKSHOP
OAKMONT LAKE: HOW MUCH. WHEN
CLAM BAY
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BEACH RESTORATION
RESERVES
Mr. Sutphin stated, "I would like to try for a consensus of the Budget Sub-committee to be
able to present to the Board at their April ih Meeting, what I would call a plan to make a plan". In
other words, the general framework that Mr. Ward and his staff should use to begin preparing the
Fiscal Year 2005 Budget. If we can get that done by mid-April, that should provide us ample time
to do a thorough, competent review of the Fiscal Year 2005 Budget. That will also provide the
Board ample time to review in detail, all of the projects and spending elements that make up that
budget, so that we are not in a last minute rush to approve something by moving numbers around
to get to a total that we want. Time is on our side at this point, but if we slip another month we
are in danger of being forced into a hurry-up mode. That being said, I will have Mr. Ward present
the plan for the plan.
Mr. Ward stated, '1"he next step that we had talked about with respect to your budget
process for this coming fiscal year, was to take a look at the capital plan and what the first and
future years projections may be". In this particular phase we are limiting that look to the next two
years. Based on previous discussions of the Board, with respect to wanting to use existing cash
generated from the $300.00 per year assessment necessary to construct facilities and the
priorities that you have established for your capital program, we again limited the look at the
capital improvements to essentially the three major areas that are included on the screen. Within
the construction schedules, or the capital projects that have been previously approved such as
beach restoration, improvements to the Clam Bay System and the Oakmont Linear Park
Improvements are the three major capital areas that we had focused on for Fiscal Year 2005 and
2006. In addition to that, the second major area is an item that we had been carrying on our
books for a number of years and it is a continuation of the existing landscaping and irrigation
system improvements throughout the community. The third issue that we had talked about was
reserving $300,000 in this coming year's budget as an increase to our reserves for the
community. Those are the three major capital items that we have talked about and then within
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March 17, 2004
the capital projects themselves beach restoration, improvements to the Clam Bay System and the
first "top tier" project, now termed the Oakmont Linear Park Improvement Program.
Mr. Ward continued, ''The next phase of the project component for Phase II that we
began to look at was preliminary cost estimates for these improvement programs". I want
everyone to recognize and understand that in the process that we are going through, because of
the input of the Board and the changes that we are making, the actual costs that you see will
probably change as we move through the process itself. We all need to have some flexibility in
understanding that those costs may not be absolutely perfect, but in aggregate the total dollars
that we will have available to us and be allocated, as we deem appropriate.
Mr. Ward stated, "First, with respect to the beach restoration project, the Clam Bay Sub-
committee has recommended $700,000 for the project costs and a contingency factor of
$140,000". Those are the current estimates for that particular project, remembering that the
balance of the funds necessary for any beach restoration work will be coming from the County's
TOC Funds. Within the constraints of the Clam Bay System we had talked about two programs.
One is a program to periodically harvest the cattails in the system on a one-third basis every
couple of years. We have allocated $50,000 for that project and is one of the numbers that I am
least comfortable with at this point with respect to those cost estimates.
Mr. Sutphin stated, ''That number came from the Clam Bay Sub-committee report and
that was their number".
Mr, Ward replied, "Correct". That particular number is from the Clam Bay Sub-
committee. It is one of the numbers that has not been costed out with respect to any staff time.
The flushing cuts are actually a number that staff feels would be appropriate to include in the Step
II Plan for next year. One of the primary benefits that came from the Annual Report was the
dramatic affect that the previous flushing cuts have had on the restoration of the Clam Bay
System and the success of those cuts. We do have and the Clam Bay Sub-committee will be
seeing shortly, the proposal from the consultants to finish all of the flushing cuts, dimensioning
them in terms of location for all of the cuts necessary for the balance of the Clam Bay system. I
don't know whether that number will come in at $250,000, $100,000 or $1,000,000. I do not have
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a handle on it at this point. I do think that $250,000 is probably a sufficient number for Fiscal
Year 2005 and we will obviously have to take a look at that in future years with respect to what
additional monies will be required.
Mr. Ward continued, "In ,the Oakmont Linear Park Improvements, we have allocated
$1,000,000 for Fiscal Year 2005 and the primary reason for this allocation is to deal with the fact
that, the Board does not want to do any short term borrowing. We have limited the program to
insure that all we spend is what we have coming in from the $300.00 per unit, per year
assessment. The program for the Oakmont Lineal Park has been segregated into two parts, with
$1,000,000 of it occurring in Fiscal Year 2005 and the balance occurring in Fiscal Year 2006.
Mr. Ward explained, "For the landscaping and irrigation improvements that we have been
working on in prior years, we have allocated approximately $233,000 for improvements to West
Boulevard and Crayton Road. That is simply for restoration of a twenty-year old asset at this
point in time. It is for redoing the irrigation system that had not been done and was put off in
Fiscal Year 2004 and moved into the Fiscal Year 2005 budget and doing some landscaping
improvements in that system, to bring it up to barely what you have out there today. Finally, the
last item is the increase in the reserve funding for Pelican Bay, in the amount of $300,000.
Mr. Staros asked, "So that I have a better understanding, the cattails in an ideal world
and if money was not an object, would be to eliminate all cattails and not one-third, one-third,
one-third because the other two-thirds are germinating and seeding". It is almost like
maintenance instead of correction, is that right"?
Mr. Ward replied, "I fully agree, this is not a capital program, just ongoing maintenance".
Mr. Sutphin stated, "This particular item evolved because the Clam Bay Sub-committee
rejected the consultant's approach for a capital solution to the problem as being expensive and
risky".
Mr. Staros replied, "I understand, I just wanted to make sure that I was in alignment with
remembering that correctly".
Mr. Sutphin stated, "The Clam Bay Sub-committee is recommending that rather than
trying to eliminate the cattails and replace them with something that is aesthetically pleasing, to
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live with the cattails and keep them under control". I didn't see it as the purpose of this Sub-
committee to second guess their recommendation.
Mr. laizzo asked, "Have we ever done flushing cuts before"?
Mr. Ward replied, "We have done a significant number of flushing cuts over the last five
or six years",
Mr. laizzo asked, 'What was the cost of those cuts"?
Mr. Ward replied, "Probably a number less than $500,000",
Mr. laizzo asked, "Over what time period"?
Mr. Ward replied, "Over the last four to five years".
Mr. laizzo asked, "Does that tie in with the tidal channels that we dig"?
Mr. Ward replied, "Tidal Channels are just a different name for the same work".
Mr. laizzo stated, "I thought that was a lot of money for one year". We have never spent
that kind of money for any tidal channels.
Mr. Ward replied, "You have to look at the benefits that this community has received in
the restoration of the Clam Bay System". If you go back and look at what we have done over the
past five years, there have been two major construction projects that have worked. One was the
dredging of Clam Pass that went back into Clam Bay itself and that dredging has been able to
maintain the pass open for a period of time. The second was the construction of these flushing
cuts that have occurred throughout the northern part of the system, If you read the reports
regarding the flushing cuts the way I am reading them, they have been primarily responsible for
the restoration of the northern part of the Clam Bay system. I think it is extremely important for
the Sub-committee to allocate more money towards those channels in the shorter period of time,
recognizing the benefits we have received over the past five years. We took it slow for the first
five years in terms of dollars, not understanding exactly how beneficial the channels were going
to be, but we now know that has been a very successful project. We probably need to include
more resources to more quickly clean up the northern end of the Clam Bay System.
Mr. laizzo stated, "I don't dispute the benefits, but what we normally spend is $20,000-
$30,000 for tidal cuts and in one year you are raising it ten times higher".
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Mr. Sutphin stated, ''The purpose of this submission to the Board is to make sure that
within the framework of what Mr. Ward is going to put together for an operating budget, there is
sufficient funds to cover what the Clam Bay Sub-committee recommends and then the full Board
will vote their approval or disappr.oval. This is not an approval to spend $250,000 on flushing
cuts.
Mr. laizzo replied, "I thought we needed an explanation to show $250,000 on a normal
cost of approximately $20,000-$30,000". Will this require permitting?
Mr. Ward replied, "No, this is part of our current permitting process".
Mr. laizzo asked, "Do we pay for the permit once and we can continue on that permit"?
Mr. Ward replied, 'We have a ten year permit".
Mr. Werner stated, ''This program has not been presented to the Clam Bay Sub-
committee". Mr. Ward has this information, but the Sub-committee has not gone over it and there
has been no recommendations made by the Sub-committee to move forward with the work.
Mr. Ward stated, 'We are not looking at this as we spent $20,000 last year or the
previous year". That is not what we are doing this year and we limited it to that because we did
not know how successful the channels were going to be. The success of the program lends you
to look at where are we going in Clam Bay for the long-term and putting the resources there to
actually fix the system correctly. That is why the dollars are allocated to it. As I said, this piece of
the puzzle is a piece that I don't know whether it is $250,000, $100,000 or $1,000,000. The Sub-
committee has not even seen the proposal from the consultants to identify the cuts, It is a
number that was sufficient at this point that I thought we could reasonably accomplish in the
following fiscal year.
Mr. laizzo stated, "You are showing $1,000,000 for the first phase of the Oakmont Lake
Improvements". What are you showing for the next phase?
Mr. Ward replied, 'We will get to that, that is on another screen".
Mr. Spanier asked, "I am a little alarmed from a perspective on the Okamont Lake
Improvement projecr. To go back historically, I think it was 1 who raised the issue a year or so
ago that I had gotten a splinter in my behind by sitting down on the retraining wall. Others in my
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1'6111 "'.
neighborhood had noted the obvious breakdown of the retaining wall. At that time we had no
concept of a linear park, or a multi-million dollar improvement. We wanted the retaining wall
fixed. Now it alarms me that this number one project, which I consider trivial in the perspective of
all of Pelican Bay, has assumed a life of its' own and appears to me to be spinning out of control.
I have found, except from the landscape architect's presentation, no real support for the idea of
creating a linear park at Oakmont. The only feedback that I have had so far is to keep it simple
and rustic. The main point is that if we are going to approach this type of project, where we have
a replacement requirement for an asset as simple as a retaining wall, in a fashion that opens up
discussion for massive multi-dollar capital improvements that we label "top tier", I think we are
headed for a disaster with the community.
Mrs. Estelle Fishbein - "My husband and I purchased our property in Beauville two years
ago and we are now domiciled in Florida". We live right around the corner from Oakmont Park
and I would say that we walk the lake approximately three to four times a week, which is one of
the delights of our area and one of the reasons why we decided to buy in the Beauville. In going
around the lake so frequently we have had the opportunity of meeting many of the residents who
also use that walkway. It has struck me that every time we meet someone we all comment on
how beautiful and perfect the view is. In that respect, I have to compliment the people who are in
charge of the maintenance for keeping our area so beautiful. I believe that the thought of making
that area into something as "glitzy" as something you might find in Miami Beach or Las Vegas,
would not meet with the approval of the residents in that area who use it so frequently. I too,
have noticed that there is a deterioration of the retaining wall, but go from that to the renderings
that I saw when I went to the Foundation offices, is something very grotesque and out of keeping
with the tastes of Pelican Bay and the Oakmont area. When I was at the office I did inquire about
complaints about the Okamont Lake and I was told that there had not been any complaints. It
appears to me that this is something that is being imposed on that community, rather than as a
response to the taxpayers. I really think that it should be given further consideration.
Mr. Sutphin stated, '" appreciate your comments and I believe if you will wait until the last
slide, you will see that nothing is being proposed for next year, other than replacement of the
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existing deteriorating assets, with the exception of the infrastructure being installed to permit
future improvements, if the Board so deems desirable without having to go back and tear up what
was done."
Mr. Ward stated, "The next step in the process was to do what I commonly refer to as a
source of use of funding". That step is identifying, based on the project lists that you have
identified, the location of the monies that are going to be required in order to fund those projects.
In the uses of funding are the uses that you have just had an opportunity to look at from beach
restoration down to reserve funding. I will get to the future capital funding number in a moment.
Mr. Ward stated, "At the top of the screen, in the Sources of Funding, are two line items,
one being the carry forward that are the unspent 2004 Clam Bay and Oakmont Funds that we
currently anticipate having available through September 30th of this year, which is approximately
$512,000. The second part is based on the $300.00 per unit, per year Capital Assessment that
will generate approximately $2,000,000. You will have approximately $2,800,000 in next year's
budget that you will have available for these projects. At the bottom of the screen "Future Capital
Funding" is really nothing more than the difference between what you have generated in funds
and what you are not going to use for Capital Improvements. That would be your carry forward
for the following year. The Other Fees and Charges are the amounts necessary to get the
assessments placed on the tax bills that our residents will see and the discount that they may
enjoy as a result of paying their tax bills in November,
Mr. Ward continued, "The next phase that was reviewed was the Oakmont Linear Park
Project and in a very preliminary format we had an opportunity to break the project down into two
components". The column labeled Fiscal Year 2004 should be Fiscal Year 2005 and is the
infrastructure required in order to build on the theme of a ''top tier" community. The projects,
which are included, are the relocation and widening of the walkway, the paving and drainage that
is required, the landscape structures and the wall replacement. The wall replacement will be in a
format where you will select the type and quality of the wall and any small water features for
which we will need to begin the infrastructure installation. Phase II, which is labeled Fiscal Year
2005 is really Fiscal Year 2006, is the work that will be necessary from the landscape architects
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renderings to bring it to the next level for this project. You will remember there are the circular
amphitheater, the colonnades and the specialty features that were in the project. The next
screen shows the balance of the Phase I and Phase II irrigation systems that are necessary, the
landscaping improvement and lighting improvements, all of which were to be brought into the first
phase of this improvement program. The program was broken down into two phases with Phase
I being the infrastructure requirements necessary to bring Oakmont into a "top tier" fashion.
Phase II would be in Fiscal Year 2006, adding the additional features that would be necessary in
order to bring in the concept types that the landscape architect had talked about.
Mr. Ward continued. ''That is essentially your Step II Capital Program at this point and the
recommended way in which they can be funded if you choose to move forward".
Mr. Sutphin asked, "As the Oakmont Lake Project is currently split, Phase I is a
replacement of what has now deteriorated with commensurate upgrades in materials, widening
and relocation of the path, is that correct"?
Mr. Ward replied. "Correct".
Mr. Sutphin asked, "Does it pre-suppose any specific theme. expenditure level for
enhancements beyond Phase I, or does it simply provides the infrastructure to permit later
funding without incurring duplicate costs"? Is that a fair statement?
Mr. Ward replied, ''That is a fair statement".
Mr. Nordhoff stated. ''The Foundation in all of their updating of capital facilities, be it
beach restaurants or this Hammock Oak building, has traditionally gone for not only replacement,
but improvement". The new Hammock Oak Building is going to be two or three times as large as
the present structure, the beach restaurants have been enlarged and improved and a new bar
has been added. 1 think it is incumbent upon us to keep our end of Pelican Bay improved as well
as replaced when it needs improving.
Mr. Sutphin replied, "I totally agree". The reason I asked that question is that I don't want
the impression made that spending this money in Fiscal Year 2005 commits us to the theme that
was presented by the landscape architects". It does not.
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Mr. Ward stated, "I actually think that Phase I, the way the architect has defined it,
essentially allows you to replace the existing assets with a little better quality material and
relocation of the pathway for which we have had complaints about its' location from existing
residents. It allows for widening the path and making it a little more aesthetically pleasing for
residents with regard to the walks and the views that they have. This phase will allow lighting to
the area to make it more aesthetically pleasing and upgrading the landscaping from what it
currently appears. If you never move past phase I, so be it, you never move past phase I. It
works, it will look good and it gets near the ''top tier" and fixes an asset that needs to be fixed.
Mr. Ray O'Connor - Oakmont resident - "The Oakmont Association is meeting on Friday
night". All of the members of the Association that care to attend will be in attendance. At that
time we will give a report on what you have said. For anybody to be speaking on behalf of the
Oakmont Association prior to that meeting is premature. We will take the two-stage program that
has been proposed to the members and perhaps by your next meeting we will have input to the
full Board as to the feeling of the people who live in the Oakmont area.
Mr. laizzo asked, "Have you seen the two renderings that were proposed to this Board"?
Mr. O'Connor replied, "Yes, I attended that meeting".
Mr. Sutphin stated, "Mr. O'Connor, I think in the presentation that it is important that your
group understand that Phase 1\ has not been finalized, or identified and is wide open".
Mr. O'Connor replied, "I understand that". The impression I have is that this first phase
will be for an early fix and to upgrade what needs to be repaired right now. Phase I will consist of
path widening, wall improvements, etc. At that time, there will be such improvements put in place
that if we want to go further those improvements will fit into the scheme of anything you want to
do in the future, no matter what Phase 1\ might be.
Mr. Sutphin stated, "You have said it better than I have".
Mr. John Domenie asked, "Is that path an easement or whose property is the pathway
located on"?
Mr. Sutphin replied, "I have no idea and it is an interesting discussion that does not
belong at this meeting".
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Mr. Spanier stated, "I want to highlight two things". One, I have also had a good deal of
input from my neighbors in Oakmont. There are a number of people who live along the lake site
and they are already raising the question that Mr. Domenie has raised about will they be taking
our land, etc. I am baffled at the notion that part of this $1,000,000 preliminary investment is to
relocate the path. As far as I know the path has been commented on as a delightful, rustic,
ramble around the lake. When we open the issue of relocation of the path we open a can of
worms with every property owner along that path. The responses to where is the property line
are very ambiguous and were never investigated.
Mr. Sutphin stated, "I will change the wording that the Step II Budget will include funds to
relocate the path, if the Board feels that it is desirable to do so". It is not the role of this Sub-
committee to make that decision.
Mr. Spanier replied, "Excellent". I am baffled also by the drive to widen the path.
Mr. Sutphin replied, "Same comment, only if the Board feels it is desirable".
Mr. Spanier asked, "Mr. Ward, have there been complaints about the width of the path".
Mr. Ward replied, "I am a little frustrated".
Mr. Spanier replied, "I am a little frustrated also".
Mr. Ward stated, "I will try to be nice and not take this out on you, but the idea is to bring
Pelican Bay into a "top tier" community", We talked about the fact that that piece of the puzzle
would be the first time we would have an opportunity to make Oakmont a better place for all
residents of Pelican Bay to utilize, including those who live in Oakmont. The location of the path
is at what I call the current property line. It was not meant to be a complete relocation, but simply
to bring some of the pieces of the path down to have a better view of the lake. The widening of
the path was to accommodate the residents who utilize the facility. Nobody said it was too
narrow or just perfect, but merely based upon the professionals who do this for a living,
recommending that we ought to try to make it a little wider so that it is more user friendly. If we
don't want to do it, that is fine and it is not that big of a deal. The fact of the matter is that you
have the landscape architect, and I will take exception to the "glitzy" comment, who designed
Pelican Bay as a "top tier" community in 1980 trying to bring it into a "top tier" community in the
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year 2003. The intent of this program is to make property values increase, to make it a better
place for Pelican Bay residents to live and to try to bring the quality of the asset up to a standard
that is more fitting of what this community was and should be. This particular phase does that in
terms of its' infrastructure, in terms of what it will look like and in terms of what residents will
eventually think about it. That is all that it is at this point in time.
Mr. Spanier stated, ''The implication behind the presentation, which I take exception with,
is that Pelican Bay is lagging behind in a ragged condition and has dropped out of it's position of
leadership in Southwest Florida". I don't think that is true, nor do I think that most of the residents
and owners in this community believe that it is true, to the tune of what is becoming a vast multi-
million dollar project aimed not at asset restoration, but the building of amphitheaters, water
features and all sorts of things that may tickle the heart of a landscape architect. I believe this is
going to provoke a lot of controversy and charges of irresponsibility from the people that live here.
Mr. Sutphin stated, "It is wonderful to have debates in this room, but it is not the role of
the Budget Sub-committee to determine whether the path gets widened or not, whether we build
an amphitheater or not, whether the theme is the arts or whether it is rustic". That is the Board's
responsibility. I see the purpose of this Sub-committee as being very simple and that is to make
sure that there is adequate gross capital funding available for the Board to make detailed
decisions so that we don't get into the situation that we are in this year, where there was money
in the budget to replace the wall in Oakmont Lake and it wasn't enough to pay for the job". That
is why I cut you off when you were asking about a variance. I don't care about a variance and it
is not the job of this Sub-committee to worry about that. We simply want to bring to the Board,
sufficient funds to allow them to make the decisions within the overall framework of the budget.
Mr. Joseph Bawduniak - Pine Crest resident - 'Whenever I see millions of dollars being
planned, the budget process does call for a basic philosophy and basic general plan". I have to
agree that Mr. Spanier has certainly said some things that I think we should ponder. We want to
bring Pelican Bay into 2004 and this basically sounds to me like it has its' foundations in
competition. Not only are we an aging community, but also there are a lot of other communities
going in with all kinds of extravagant entrances and fountains, Has anybody looked at the other
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communities to determine or define what makes them 2004 or 2005 as compared to what we
have? I have a hunch that has not been done. I just took 130 aerial photographs of Pelican Bay
for other purposes and I think as part of a background there should be a comparative study of
what the new communities have,. what we have and are any of them going to get a three mile
beach, which is the basic foundation of our values? I am offering at this time to go up to any
community that is judiciously selected by anybody on the Board or the Foundation and take many
photos because you don't see it from the air, but you sure do get a perspective of what is
happening to the community. One thing I picked up about Pelican Bay is that I compared the
foliage with Olde Naples and Pelican Bay is getting a bit overgrown. The trees are interlacing
and I can show you photos that would shock you where portions of Pelican Bay look like a trailer
park because it appears crowded. The trees are many years old. My neighbors have removed
trees and it was shocking to me to discover that my street looks fresher, newer, brighter and
airier. I make that offer to you and I will come before the Pelican Bay Services Division Board
prepared to make that offer and provide as many photos as you need. I am concerned when I
see several million dollars for one subset of Pelican Bay. How many Pelican Bay residents go
there and see that? I think a serious reflection into the basics has to be done and I realize a
budget figure is not necessarily a spent figure, but please do some basic considerations about
what are we trying to do visa vie the competition, because updating is really a competitive issue.
Mr. Sutphin stated, "\ think the Board can and should take you up on your offer". We
have done more comparison to other communities than I think you are aware of. Some ideas ala
gating, we rejected as being impractical and extremely costly. We are finding our way and I
appreciate your input. To put this into perspective, this whole Oakmont Lake issue, the original
cost was between $500,000-$700,000 depending upon how you did it. If you went bare bones in
Fiscal Year 2005, which I don't recommend, unless the Board chooses to go back and redefine
our Mission, you are talking incremental spending of $150,000-$200,000 over what we were
thinking of a year ago. The $500,000-$700,000 figure has been on the table for a year.
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Mr. Werner stated, "The only reason this was not in the current year's budget was
because we had inaccurate figures to begin with or it would have been funded and close to being
done by now".
Mr. Sutphin replied, "Correct".
Mr. Werner stated, 'What I sense here is a difference in the definition of "top tier". llike
the comment about unpretentious elegance. To me "top tier" means well appointed, well
maintained. It appears that some of the information we are getting now is no, ''top tier" has to be
the most opulent, the most extravagant, the most expensive option we can possibly find. I think
that is where we have some conflict.
Mr. laizzo stated, 'We are butting heads on that issue".
Mr. Sutphin replied, "I agree". The Board will ultimately decide what the definition of "top
tier" is, not this Sub-committee. In fact, I think we owe the term ''top tier" to Mr. Spanier. I believe
those were his words. I don't have a definition of what that is and if I put one on paper and asked
the ten other Board members to put it on paper, there would be eleven different definitions. At
the end of the day, it is going to be the Board voting on project specifics that over time determine
what that collective definition is. I don't know what else to say.
Mr. Staros stated, "I would like to make a comment". As a frame of reference only, many
of you have been to the Ritz Carlton and many of you have walked the lower level where the
automatic doors take you to the pool. What you don't know is that when you walk out those
double doors there is a big patio area and planned on that patio area was a magnificent fountain.
However, when budgeting came around we looked at that fountain and value engineered that
fountain out of the project when we were building the second pool. However, since all of that land
was dug up for the new patio system, we were smart enough to put in the plumbing and electrical
conduit, water and drainage under that patio to the tune of approximately $6,000.00 at the time of
the reconstruction of the patio. If some day we chose to put that $100,000 fountain there, there
would be no cost of construction and re-digging the entire patio area in order to accommodate the
plumbing, electrical and drainage. The only thing I would suggest is that when projects need to
be fixed, to try to think ahead as to what the future might bring. We might never build that
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March 17, 2004
fountain, but I think that $6,000.00 was well spent knowing that it would probably cost $75,000-
$100,000 to put those same utilities underground if we chose to build that fountain in the future. It
would be prudent that any time something needs to be fixed, whether it be the wall, etc., that you
think through what the future might, but may never bring, because you can afford to put in those
types of utilities at a fraction of the price that it would be in the future at the time you are
redeveloping.
Mr. Sutphin stated, "It is my understanding that is exactly what the infrastructure
spending in Phase I of Oakmont Lake is". It is to engineer for the future not knowing specifically
what the future is.
Mrs. Estelle Fishbein stated, "Does Phase I include the walls, colonnades, arbors,
gazebos, etc."?
Mr. Sutphin replied, "No".
Mrs. Estelle Fishbein asked, "Is that Phase II"?
Mr. Sutphin replied, "Maybe Phase II". Nobody knows what Phase II is going to be.
Mr. Ward stated, "It is really the infrastructure necessary to do Phase II if you decide to
do if'. It does include the replacement of the retaining wall and deals with pavement and lighting
issues, all of which we need to do in any event.
Mr. Sutphin stated, "Unless the Budget Sub-committee feels differently, I intend to
present this to the Board on the ih of April". If approved, this will allow Mr. Ward to start
formulating a budget for Fiscal Year 2005.
Mr. laizzo stated, '" would like the two renderings that we first saw to be part of that plan
to the Board for consideration".
Mr. Ward replied, "They are not even on the table at this point".
Mr. laizzo stated, "I think they should be brought back".
Mr. Sutphin stated, ''The renderings are there, but the Board is not being asked to
approve anything that is in any of the renderings". I am not sure what purpose that would serve.
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Mr. laizzo stated, "If we are going to make a decision to move ahead on Phase I for
Oakmont Park, before we make that decision I think the Board has to see the two earlier versions
of what we saw for consideration".
Mr. Sutphin stated. "On the ih of April, the Board will not be voting to move ahead with
Oakmont Lake". They will be voting to allow sufficient capital funds in the Fiscal Year 2005
budget to allow them to decide what they want to do about Oakmont Lake. To me that is a big
difference. There are things in those renderings that I don't like either and we are at least a year
away from having to make a decision on anything directly relating to what was in the landscape
architects renderings, other than the decision to install the basic infrastructure to allow you to do
something in Phase II, whatever that something turns out to be.
Mr. Ward stated, "My personal opinion is that if you decide to move forward with Phase I,
that can be done expeditiously and is not an overly difficult issue to deal with". We have to make
a few revisions to what has been seen in order to deal with infrastructure issues. but it is not a
year away, that is in a reasonable time frame. There are sufficient funds in the current year
budget to start that planning.
Mr. Sutphin stated, "If the Board approves the conceptual plan on April ih, that would
permit work to start on Oakmont over the summer because there are carry forward funds in this
year's budgef. The Board would certainly approve the specifics of any contracts that were let at
that time.
Mrs. Estelle Fishbein asked, 'What is the sum of money that has already been expended
on the architectural renderings that have been done"?
Mr. Sutphin replied, '" don't think we paid for that, did we"?
Mr. Ward replied, "Yes, we did". I do not remember the number.
Mr. Nordhoff asked, 'Why did you ask the question"?
Mrs. Estelle Fishbein replied, "I have seen the renderings for the initial project". I was
concemed when I saw the renderings for the second project. I have some experience in
expenses for architectural rendering work and I was curious because it appears to be an
expensive endeavor.
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March 17, 2004
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Mr. Nordhoff asked, "Would you agree that you have to do something to move ahead"?
Most people cannot imagine how something like that would appear and you have to have some
renderings. If they choose not go that way, it was still a necessary expenditure. I get the feeling
that nobody wants to spend anything and we can't exist in this world with that frame of mind. We
can't just crawl in a hole and say we are not going to spend a dime on improvements,
Technology and architecture are constantly improving and we should take advantage of it. With
all due respect, our property values will fall if we don't keep up and be competitive. I drive into
Pelican Marsh, Pelican's Landing and Collier' Reserve all the time and these are fairly old
communities compared to Mediterra and Fiddler's Creek. They have everything from fountains to
pavers. When I drive into Pelican Bay it appears tired.
Mrs. Estelle Fishbein replied, "It is matter of taste", I started my remarks at the beginning
my complimenting whoever is responsible for the maintenance of our community, which I find
truly gorgeous and truly appealing. I have recently had the experience of two separate sets of
guests who have visited for a day or so and have become very interested in purchasing property
in Pelican Bay. I had no quarrel at all with maintenance and upgrade. I believe the answer is in
the question of what is the definition of "top tier".
Mr. Sutphin stated, ''That is going to be an interesting dialog as we move forward". I have
a couple of questions for Mr. Ward to give the Sub-committee and for myself something to think
about between now and when we start the Step III Budgeting process. Does the County
budgeting system permit the imposition of what I would call "task" in the budget?
Mr. Ward asked, "Define task".
Mr. Sutphin replied, "Improve the productivity of the landscaping force by 10% over the
course of the year".
Mr. Ward replied, "Yes, but not in the budgeting process". It is a process that we go
through, but not within the constraints of the budgeting process.
Mr. Sutphin asked, "Can it be measured and reported on"?
Mr. Ward replied, "It is measured and reported on internally as part of their review
process", It is an employee review process. It is not a Board decision, but you can direct me to
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do whatever you want done, You can make those decisions annuaily, but it has been an internal
process.
Mr. sutphin stated. "It keeps getting back to an analysis that I did early in the life of this
sub-commitlge where 60% of the controllable spending. outside of Capital, is people and
landscape materials", We spend a lot at time on Capital, but In looking at expense budgeting and
expense spending. 60"10 of the dollars are in three linen lIems and i intend to tocus very heavily
on those in the final budgeting process.
Mr. Ward stated. "I push the employees hard with respect to productivity levels of what
needs to get done and when II needs to get done", I am sure Mr, LukaSZ will ouest to my pushing
issue.
Mr. Sutphin stated. "I hate to create additional reports, but I would like to provide the
Board a peek at what is happening in those areas on a monthly basis", I am sure progress is
made and sometimes we look at those pages of line items and we reaily don't understand what II
is that is happening.
ADJOURN
There being no further business. the meeting adjourned at 10:05 A.M.
Christopher Sutphin Chairman
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Memorandum
To:
Pelican Bay Services Division Board
From:
Chris Sutphin, Chairman
Budget Sub-committee
Date:
March 30, 2004
Subject:
Budget Sub-committee Issues
The purpose of this memorandum is to present information relating to issues, which will
hopefully be resolved at the PBSD Board Meeting on April 7. A review of this
information by board members prior to the meeting will hopefully save time and result in
better informed decisions on important issues.
Mission and Objectives
There has been discussions at a number of Budget Sub-committee and Pelican Bay
Services Division Board Meetings to create the impression that a number of Board
Members may disagree with the Mission and Objectives approved by the Pelican Bay
Services Division Board several months ago which have provided the basis for all of the
budget planning over the past several months.
Following is the approved Mission and Objectives: (Approved)
PELICAN BA Y SERVICES DIVISION
BUDGET PLANNING - STEP I - MISSION AND OBJECTIVES
MISSION STATEMENT
Preserve and enhance property owner value and resident quality of life by promptly
and efficiently providing services and capital improvements which answer the needs
of the community within Pelican Bay and maintain it's position as a top tier
community.
OBJECTIVES
Pelican Bay Services
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The following objectives support the mission statement and provide the basis for the
service levels and capital programs required. Objectives determine the general level of
funding and resulting assessments and ad valorem taxes required.
. Provide community beautification and water management services at defined levels in
the most cost effective manner.
. Maintain street lighting at defined standards. Monitor available alternatives to
improve operating costs and aesthetic value.
. Provide security services to the community to enhance safety and quality of life.
. Identify, plan, and execute capital programs to maintain and enhance the existing
infrastructure of Pelican Bay to maintain its position as a "top tier" community.
Dimension the funding required to execute these programs over a lO-year period.
. Identify and execute programs to restore, maintain, and enhance the mangrove
preserve in a cost effecti ve manner
. Work closely with The Pelican Bay Foundation to ensure a commonality of
objectives to optimize use of financial resources and resulting improvements.
. Develop working relationships with key Collier County staff personnel to further the
ability to achieve objectives.
This Mission and Objectives is proactive in that it focuses on community enhancement
and continuous improvement. The resulting capital plans and resource requirements
appear to have led some board members to question the wisdom of pursuing this
approach due to the increased financial burden it will place on Pelican Bay property
owners in the form of increased assessments.
I feel that if the board is unwilling to approve programs that support the Mission and
Objectives then we should consider changing the Mission and work towards developing
plans and budgets that support it.
I have drafted a revised Mission and Objectives Statement that is reactive and more in
line with the historical approach taken in planning and budgeting. I do not recommend it,
but am including it for board members to review prior to the April 7 meeting. If any
board member feels that it represents a more appropriate statement of Mission and
Objectives for the Board to consider then they should move that it be adopted to replace
the one currently in place.
Following is a draft of this alternative: (Alternative)
PELICAN BAY SERVICES DIVISION
MISSION AND OBJECTIVES
MISSION STATEMENT
Promptly and efficiently provide necessary services to keep Pelican Bay functioning
as a community in the most cost effective manner. Identify and execute capital
Pelican Bay Services
16'1
programs to replace existing infrastructure as required in compliance with current
regulations and standards. Focus on minimizing costs in all aspects of operations
and capital programs to keep assessments and ad valorem taxes at the lowest level
possible.
OBJECTIVES
The following objectives support the Mission Statement and provide the basis for the
service levels and capital programs required. Objectives determine the general level of
funding and resulting assessments and ad valorem taxes required.
. Provide community beautification and water management services at defined levels in
the most cost effective manner.
. Maintain street lighting at defined standards.
. Identify and execute programs maintain promote continued restoration of the
mangrove preserve and Clam Bay ecosystem.
. Limit capital spending to those programs required to keep the existing infrastructure
operational and in compliance with Federal, State, and County regulations and current
building and construction codes.
. Identify and fund additional services such as security if there is sufficient evidence
that the community desires and is willing to pay for the incremental cost of the
servIces.
Step II Capital Plan
A proposed Step II Capital Plan will be presented at the April 7 meeting. Approval of this
plan will permit the preparation of a detailed budget for Fiscal Year 2005. It is consistent
with and supports the approved Mission and Objectives and is in conformance with the
planning guidelines previously approved by the Board.
This plan was presented and discussed at the Budget Sub-committee meeting on March
17. There was considerable discussion and numerous comments from the audience about
planned spending for Oakmont Lake. Some of the comments were quite emotional.
Phrases such as "spinning out of control" were used in referring to planned spending. An
unfortunate by-product of the meeting was an article in the Naples Daily News, which
implied controversy over this program. I believe the problem was simply a lack of
understanding by Oakmont residents and board members attending the meeting as to
what was, in fact, being proposed for Fiscal Year 2005 and how additional spending
would be reviewed and approved.
The article written for the mid-April edition of the Pelican Bay Post explains the
Oakmont Lake project as well as what will be presented to the board in the Step II
Capital Plan and is attached at the end of this memo.
Pelican Bay Services
1 6, 1
I hope that board members will take the time to read and understand the material
contained in this memo. It will hopefully contribute to a more efficient and productive
meeting on April 7.
/)(
/ /,. /
{/ k /r.- r~P;;{J'-
Chris Sutphin
Pelican Bay Services
1 6'1
PELICAN BAY SERVICES DIVISION BOARD
MID APRIL 2004
REPORT FROM THE BUDGET SUB-COMMITTEE
The Budget Sub-committee met on March 17 to review a Step II Capital Plan for
submission to the PBSD Board at its April 7 meeting. This plan, if approved, will form
the framework for the development of the Fiscal 2005 Operating Plan and Budget.
The plan supports the approved mission and objectives of PBSD and represents the first
step in the Community Assets Preservation Plan described in Chairman Jim Carroll's
recent letter to all Pelican Bay property owners.
Oakmont Lake Improvements
A key element of the plan is the program for improvements around Oakmont Lake. The
scope and magnitude of proposed spending for this program resulted in a number of
Oakmont residents attending the meeting to voice their opinions. Several expressed
concerns of what was perceived to be an excessively ambitious and costly plan involving
the construction of a linear park around the lake utilizing a theme that many felt was
inconsistent with what residents desired and was far too costly.
An article in the Naples Daily News the following day reported that conflict and
controversy surrounded this issue. The reporter apparently did not understand the
planning and budgeting process and what was actually being proposed. Some background
will be useful in understanding why some misunderstanding occurred.
A conceptual design was prepared to construct a linear park around Oakmont Lake as
part of the program to replace the existing retaining wall and upgrade the infrastructure in
the area. Its primary purpose was to illustrate the types of enhancements that could be
considered not only for Oakmont Lake but also anywhere in Pelican Bay as part of the
long-term plan to keep Pelican Bay a top tier community.
The theme embodied in the architectural renderings is only one of many that could be
considered. The overall design incorporates multiple elements that could be used
individually or severally. It was not and is not intended to budget funds to execute this
program in its entirety.
Plans for Next Year
Phase I of the program planned for Fiscal 2005 consists of replacing the existing retaining
wall around Oakmont Lake using more attractive and longer lasting materials, widening
and relocating the path around the lake where desirable, and implementing water
management and lighting features considered desirable at this time. The plan includes the
design and installation of the additional infrastructure required to support future
enhancements if and when the board and residents feel it desirable to do so. This would
Pelican Bay Services
1611
avoid duplicate costs in the future. Similar long range infrastructure planning will be
considered in all future capital programs.
Phase 2 of the program is not clearly defined at this time. During the next year the board
will assemble and evaluate additional design options for all areas of potential
enhancement in Pelican Bay's infrastructure. Community input will be solicited and is
considered essential to the formulation of future plans.
I have been advised that the Oakmont Property Owners Association unanimously
endorsed Phase I of the plan at their annual meeting. Their support is appreciated.
Resident understanding and support of plans to improve Pelican Bay an essential part of
the planning process.
Other Capital PrOgrams
Other capital programs included in the plan are:
. Beach Restoration: PBSD will participate in Collier County's beach restoration
program. Funding will be provided to pay for that portion of Pelican Bay beaches
not eligible for Tourist Development Tax funds. David Roellig reported details of
this program in the mid-March issue of this publication.
. Clam Bay Improvements: Funding will be provided for the necessary
maintenance of the cattail area along the tram berm and the construction of
additional flushing cuts throughout the Clam Bay system. These cuts have
demonstrated a high degree of success in promoting new growth. Construction of
additional cuts is therefore being given high priority.
. Scheduled Replacement Programs: Funding will be provided for landscaping and
irrigation system improvements on West Boulevard and Crayton Road.
. Reserve Increases: Funding to increase reserve balances, a key element of the
Community Assets Preservation Program will be provided.
If you have any questions on any of the items discussed in this article please feel free to
drop me a note at chris@cfsbbs.com
Chris Sutphin
Chairman, Budget Sub-committee
PBSD Board
Pelican Bay Services
1611
March 26, 2004
Mr. Jim Carroll, Chairman
Pelican Bay Services Division
Dear Mr. Carroll,
On Friday, March 19,2004, the Oakmont Civic Association met
to discuss "Phase 1" of the Oakmont Lake "Top Tier" project.
After a great deal of discussion, a motion was made to accept the
Phase I concept. The vote was unanimous, among those present, in favor
of the Phase 1 concept, i.e., upgrade railroad ties, upgrade walkway,
upgrade landscaping, and upgrade lighting.
The association urges the Pelican Bay Services Division to
proceed.
Respectfully,
~~
Susan Crum, President
Oakmont Civic Association
cc: Len Kudlata, V.P.
Mike Mikelson, Treas.
Carol Mahoney, Sec.
1611
645 via Mezner. #803
Naples. FL 34108
March 27.2004
Mr. Jim Carroll, Chairman
Pelican Bay Services Division Board
Collier County Government
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Dear Mr. Carroll.
We received your letter dated March 15. 2004 regarding the long-range plan titled
Community Assets Preservation Program and the increascd assessment to support the
program.
We agree with the Clam Bay Ecosystem, beach renourishment and Tram Berm projects.
as all of us in Pelican Bay certainly usc and enjoy these areas. It is the Oakmont Lake
enhancement that does not meet with our approval as most of us are not able to see the
lake from our homes nor are we able to get to it easily as there is no parking for us and
no access for Pelican Bay bikers to enjoy the trails. By the time we walk from our
condos. it is not feasible to enjoy Oakmont Lake as it is too far for most of us and it is
c10scd in by private homes whose owners seem to think it is for them to cnjoy
exclusively.
Our suggestion would be to have a parking lot for other Pelican Bay memhers. The other
would be to have the trai Is wide enough for us to bike through the area. I f these changes
arc not made. the enhancements should be fundcd by the owners who horder the lake and
other Oakmont area homeowners. not the general Pelican Bay memhership who are
unable to use the area on a rcgular basis.
Thank you for allowing us to be involved in the planning process and we hope you will
carefully consider our suggestions.
Sincerely yours.
,~~ 1/ /ltUri! LJI
Jerome H. Hagens MD
/ !
;-_~:"'{ ~ l ( /) /i; L -1---"
Barbara A. Hagens j
1611
March 28, 2004
33 Las Brisas Way
Naples, FL 34108
A~C~/I/~D
.', .;1
Mr. Jim Carroll
Chairman, Pelican Bay Services Division Board
801 Laurel Oak Drive
Suite 605
Naples, FL 34108
. .,' ,l
Dear Mr. Carroll:
The purpose of this letter is to express our concern and objection to several
items in your letter dated March 13, 2004 to property owners.
1. We believe the mission of the Pelican Bay Services Division should
"preserve" not "preserve and enhance... through capital improvements".
We strongly believe that capital improvements should be treated as
special projects driven by property owners.
2. We object to an ongoing $300 increase or doubling of our operational and
maintenance costs. Specific projects should be funded as the need
occurs. A general ongoing increase (other than cost of living increase)
should be approved by the property owners.
3. Oakmont Lake should be maintained in its natural beauty form.
Maintenance of the walks and walls are required, but a change
(enhancement) to the character of lake should be driven by property
owners. Changes like the PBSD are proposing need to be aired in public
meetings.
Sincerely,
V.~ 4- s: 0l-.fe:J3
Debbie and Bill Roberts
cc: Pelican Bay Property Owners Association
16, 1
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---"'I:-J
R05 Pineside Lane
Naples. Florida 34108
March 27,2004
Mr. Jim Carroll, Chairman
Pelican Bay Services Division
801 Laurel Oak Drive
Naples. Florida 34108
Dear Mr. Carroll,
I will try to be concise, as I imagine you are receiving a great deal of feedback regarding
the possible "enhancement" of Oakmont Lake. I think it is a terrible idea. and cannot
express my opinion strongly enough. Every neighbor I've spoken to also is opposed to
this idea. I usually walk around the lake twice each day. The lake and path are just right,
with the design the way it is. It has a natural setting, consistent with the concept for
development of the Oakmont section in the first place. If you review the requirements and
restrictions for building in Oakmont, you will find that a "natural setting" is stressed.
Houses built in Oakmont were required to remain in keeping with only natural colors and
materials, and to avoid "showy" landscaping and features. I strongly believe that the
Oakmont lake and path should keep the same general appearance and degree of
development they presently have, and that responsible maintenance is the only thing
needed to keep it in "top tier" standing. It is really a pleasure to walk there now, with the
relaxing and subdued atmosphere and the chance of seeing wonderful wildlife at times.
Please do whatcver you can, to kcep it that way' ! !
The proposed changes are inordinately expensive also. Even though it's nice to be able to
say "no" because we don' t want it, rather than because we can' t afford it, as is true in this
case. we could not possibly get a million dollar value of improvement of a lake that's just
fine. It would be terribly wasteful to spend that amount of money on this supposed
"enhancement." 1 am curious as to what this misguided proposal is costing us - what is
being paid to the J. Roland Lieber Landscape Architects? Did they invest their resources
in hopes of getting a contract, or are we paying them dearly to propose work most of the
residents don't even want?
Sincerely.
('~', . 1-.~ '\.
,-<:::._~,~".~.-.........- ~
Catherine Lusk
16'1
A;?~/I/~D
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- .;
March 28,2004
James Carroll, Chairman
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Dear Mr. Carroll:
In regard to your letter of March 15, I was shocked to read of the size of your
proposed increase to the PBSD assessment! I am a year round resident of
Pelican Bay and presently pay $325 per year to the PBSO. Your letter talks about
a potential assessment of $600 per year, nearly double what I now pay.
Maybe I'm the only property owner who doesn't want to have his taxes doubled
but I doubt it. I implore you and the other board members to give further thought
to what you are planning to do.
Sincerely,
4,-Lvt ~.- 1L-
John P. Chandler
6361 Pelican Bay Boulevard, Unit 502
Naples, FL 34108
592-7206
JULES I. KURZ
797 Willowbrook Drive - Unit 204
Naples, FL 34108
Phone: 239 597 5475
Fax: 239 597 3365
email: j.kurz@comcast.net
1611
A~?~/I/~D
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March 28, 2004
Mr. Jim Carroll
PELICAN BAY SERVICES DIVISION
801 Laurel Oak Drive - Ste 605
Naples, FL 34108
Dear Mr. Carroll,
This is
March 15, 2004.
yesterday.
to acknowledge receipt of your letter dated
Sorry for the slow response, it only arrived
I do have 2 questions. First Is the additional
assessment of approximately $300.00 tax deductible? Am I not
correct when I state that the payment is in effect payment for
what in 99%+ of the United States is paid for via a tax
deductible real estate tax?
Is the assessment an equitable ad valorem assessment
just like 99%+ of the real estate tax assessments in the United
States? If not, why not?
16'11
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Mr. James carrol
chairman
pelican Bay services Division Board
801 Laurel oak Drive Suite 605
Naples, FL 34108
Re: community Assets preservation program
March 19,2004
Dear Mr. carroll,
I have lived and worked in pelican Bay since 1987.
I have supported and sold and enjoyed our wonderful community.
In addition to the things that you have found necessary
to preserve and enhance with additional assessments,
I wish to ask and encourage you to consider the addition of
sidewalks to oakmont parkway. It is a narrow winding lane with
limited visibility. Many people walk their dogs, children in
buggies, children on bikes, rollerbladers, adults on high
speed bikes, and walk for exercise on oakmont parkway daily
and at night, with the increase in traffic and NOW with the
"trolley" driving down that narrow lane, it is only a matter
of days before we have a fatality, or tragedy.
I have lived in oakmont since 1987 and due to poor developer
planning they forgot the sidewalks!! This has been a detriment
to the neighborhood. Yes, the lake walk is nice but it really
does not lead to the area where people usually walk, like
Albertson's plaza etc. unless people want to walk around in
circles (and many people do) we definitely need a safer place
to walk than along the street on oakmont parkway" I also think
there should be a way to reduce the traffic to 'local" only in
that many people speed on that street to bypass the traffic on
41. I do not think you could realize this problem unless you
"live" in Oakmont. The road also needs resurfacing.
Also, I am wondering if you have any plans for increasing the
height of the berm of 41 in certain areas of oakmont. The
traffic noise is much worse this year as we are experiencing
highest levels of traffic since 41 was widened.
16'1
AI2CI2IVI2D
~
In preserving the property values and quality of life in this
gorgeous neighborhood, I hope there is some room to consider
and correct these problems.
Thank you in advance. I have lived here for a long time and
feel it is now time to speak up for this neighborhood.
very truly yours,
/1 --"}'/ Ii
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, IiI" i'vv'/ICf'.("'"J
Ann M. Nunes
806 pineside Lane
Naples, Fl 34108 (239)-597-3328
1611
smith b
From:
Sent:
To:
Subject:
Frank Zelasko [fazelasko@yahoo.com]
Tuesday, March 23, 2004 3:10 PM
smith_b
Oakmont Lake Enhancements
We are not in favor of the enhancements and upgrade of
Oakmont Lake. That area is fine. The only things
needed are (1) the repair of the sidewalks (widening
the sidewalk is not necessary) and (2) replacement of
the rotting railroad ties. We do not want or need a
park, gazebos, arbors or colonnades. The lake is a
beautiful and natural setting.
We would rather see the money spent on trimming and
thinning out of dead branches, etc., of the trees
along Gulf Park Drive, Pelican Bay Blvd., Oakmont,
Greentree, etc., so that it improves the street
lighting (or even change/improve the street lights).
Street lighting in several areas are surrounded by
tree branches reducing the lighting.
Thank you.
Frank and Ann Zelasko
Laurel Oaks Condominium Association
853 Tanbark Drive - #203
Do you Yahoo!?
Yahoo! Finance Tax Center - File online. File on time.
http://taxes.yahoo.com/filing.html
J. Robert and Donna M. Verbesey
8405 Excalibur Circle, #D-5
Naples, FL 34108
(239) 513-0731
16Jra
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;',.,- ':IVI2D
March 22, 2004
James Carroll
Chairman
Pelican Bay Services Division
801 Laurel Oak Drive
Suite 605
Naples, FL 34108
Dear Mr. Carroll:
We received your March 15 letter and we are very unhappy about one part of it.
There is no reason to spend Pelican Bay funds to "pretty up" one small area - Oakmont
Lake. Other than increasing the value of the homes surrounding the lake, it would do
little to enhance Pelican Bay in general. Thus we are opposed to spending significant
funds for something that would be appreciated by so few.
If the PBSD feels compelled to spend our money, use it to improve amenities
that would have a much greater utilization. For example, buy enough umbrellas so that
when we go to the beach at busy times we can get one.
You wrote that "input from the community is essential." It is for that reason that
we are sending this letter. Please do not spend money like this on something that
would benefit so few.
Cc: Richard Howell
President
Avalon Condominium Board
1611
March 22, 2004
Af:C~'
- c/Vf2fJ
Pelican Bay Services Division Board
Mr. Jim Carroll, Chairman
Dear Mr. Carroll
Thank you for your letter describing The Community Assets Preservation Program, it's
aims and anticipated added costs.
First of all, let me say that we have been full time residents of Pelican Bay for ten years
and are extremely satisfied with the ambiance and services provided by the Services
Division. We have seen our share of the expenses almost triple in that time. but
understand that common areas, like condos do age and need renovation from time to
time. So we are certainly not against maintaining our community.
Having said that, I do think there is a tendcncy to spend money that doesn't have to be
spent. I think some of the "enhancements" described for Oakmont Lake arc totally
unnecessary and benefit very few in Pelican Bay. I personally think that most beach re-
nourishment programs are generally futilc as Mothcr Nature giveth and she taketh away.
Leave the beach alone and concentrate on saving the mangrove forest and restoring Cap
Antibes to its original design.
I believe that approximately doubling our a.'.,sessmcnt in onc fell swoop is a little heavy
handed for this or any governing body. The major expansion of the Hammock Oak
building is enough to absorb for a \vhilc. Slow down!! ~
Thanks for thc opportuni ty to "sound olr'.
~~m-d~
Frank Merlotti
7515 Pelican Bay Blvd Apt 8D
Naples Fl. 34108
1 6, 1 :fc~
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COLLIER COUNTY GOVERNMENT">~ ~<)
Pelican Bay Services Division
801 Laurel Oak Drive. Suite 605 · Naples, Florida 34108. (239) 597-1749. Fax (239) 597-4502
Dear Fellow Property Owner:
March 15,2004
We share a unique privilege - owning property in Pelican Bay. which is by any measure, one of the finest
communities in southwest Florida.
Our Community is celebrating its Silver Jubilee this year and at 25 years of age it is in need of renovation.
Just as many of us have invested or plan to invest in renovating and upgrading our property we must plan
for the necessary investments in Pelican Bay to ensure its future.
Earlier this year, the Pelican Bay Services Division Board adopted as its Mission:
Preserve and enhance property owner value and resident quality of life by
promptly and efficiently providing services and capital improvements which
answer the needs of the community within Pelican Bay and maintain it's
position as a top tier community.
To support this Mission the Pelican Bay Services Division Board is developing a long-range plan titled
COMMUNITY ASSETS PRESERVATION PROGRAM to identify and fund the appropriate
investments in our community. This program will significantly increase capital spending from historical
levels and will necessarily result in increased assessments from property owners to fund these investments.
We have identified those programs that will likely be included in the budget for the next fiscal year. The
most important is the re-nourishment of our beaches as part of Collier County's overall beach re-
nourishment program. The cost of this program alone could approach $1 million. Other major programs
involve the replacement of the wall surrounding Oakmont Lake with suitable enhancements to reflect
today's standards of excellence, further investments in restoring the Clam Bay Ecosystem to continue the
significant progress that has been made in this area and investments in the Tram Berm and surrounding
wetland areas to protect the ecology and improve the overall appearance.
z ~ r- We also plan to significantly increase our reserves to have the ability to deal with unforeseen needs. The
.g CJ1.c... actual increase in assessments to support these programs and programs to be funded in future years has not
iD "'0 CIJ been finalized, but will most likely be in the range of $300.00 per year for the average property owner in
(I) ~. g. addition to the operation and maintenance costs of approximately $300.00 per year.
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The planning and budgeting process is ongoing. It is reviewed and discussed at scheduled Pelican Bay
Services Division Board and Budget Sub-Committee meetings. We plan to publish more detailed
information on the Community Asset Preservation Program and other aspects of the budget in special
mailings and upcoming issues of the Pelican Bay Post.
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Your involvement in the planning and budgeting process is welcome and encouraged. Input from the
community is essential to our success in fulfilling our mission. With your support and working in concert
with the Pelican Bay Foundation, we can sustain our unique privil~ge for the next 25 years and beyond. I
look forward to your comments and hope to see you at one o~ more of our scheduled meetings.
<1011 .
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Sincerely.
P:: a:;zJon Boud
aim Carroll
Chairman
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9415945061
RON DIORIO:DRAKEWOOD
1 6 ,r 01
Ronald J. Diorio
6510Valen Way, Naples, FL 34108
phone: 239.594.02e0 fax: 239.594.5061
March 19,2004
Mr. Jim Carroll
Chairman
Pelican Bay Services Division
801 Laurel Oak Drive- 605
Naples, FL 34108
Dear Mr. Carron,
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Your letter of March 15 appears to be presumptuous and insutting to the community.
Pelican Bay is not in need of renovation. It needs maintenance and upkeep.
The Oakmont Lake area is one of our treasures. It is attractive and tranquil. I take my lunch
at the picnic table there periodically and revel in the beautifully natural appearance of this
man-made facility.
Your suggestion, as reported in the newspaper, for enhancements is outrageous. The path
and retaining walls need "maintenance and upkeep" but we do not need enhancements. I
wonder whose idea this is in the community. My impression is that your organization
spends its time developing useless projects like this to spend our money, such as the
cattails fiasco.
I oppose totally the proposal to increase reserves to deal with "unforeseen needs". This
just gives you a blank check to spend on any and all projects that your group dreams up.
You should be property responsive to and acountable to the community and have clear
community support before you go off spending money.
We are an articulate and informed community, and we do want Pelican Bay to maintain its
standard of excellence. This is why I am so opposed to your blatant attempt to ram through
this slush fund proposal.
I do not wish to insult you personally I but I do wish to imprint my view on you as forcibly as
pOSSible in your role as Chair of the Services Division and its contlided manager.
Beware the Ides of March indeed.
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Collier County Government
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, Florida 34108
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Attn: Mr. Jim Carroll
Dear Mr. Carroll:
Received your letter of March 15 about all the added increases in addition to ones we have been charged
every year. The Restaurant area at our northern beach has been revised numerous times since it was built,
instead of having a long term plan in the first place whereby we do not have to be continually assessed for
all the revisions. It has been my observation that the more funds you have in the reserve, someone always
fmds a place where that could be spent and thus another assessment to go with the shortfall. When one
looks at the new buildings that have been built recently and the sizes of them. there should be adequate
funds to offset NECESSARY improvements.
Since your letter asked for comments, these are mine as an owner here in Pelican Bay. Has anyone
considered that many of us only use the area half of the year? Thus the costs of maintenence should be less
as far as tram service and help at the restaurants is concerned. Police, Firemen, Vehicles and Lawn Service
is always vital, as is beach care. I am sure I am not aware of all of the costs, but certainly would appreciate
keeping the cost down as the tourists keep this community surviving. We don't mind paying our part, but
constant spiraling costs make it less appealing to be here.
Thank you for your courtesy in considering my comments.
Sincerely,
~
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e Meeter
March 18, 2004
Mr. Jim Carroll, Chairman
Pelican Bay Services Division
801 Laurel Oak Drive
Suite 605
Naples, Fl. 34108
Dear Mr. Carroll
For years I have tried to get the ponds of water that form after
rain in front of my driveway fixed. Our association has no funds
to fix this mess which exists in front of approximately 5 % of
our units in Bridge Way Villas. If they ever decide to get this
fixed my association expenses will increase considerably. It may
cause me to move back to the Park Shore area where we really enjoyed
living.
No, I for one am certainly not in favor of fixing some ones lake
or, building more park areas. The ones we have now e.g. Ridgewood
are under utilized. Remember, we still have "private" beaches
to enjoy and that is quite enough "nice park area". That is,
unless some idiots vote to become residents of the City of Naples.
The maintenance and the road projects e.g. on Rt. 41 are very
nice. After only 25 years, Pelican Bay is still in good shape and
does not need unnecessary projects just to increase our taxes even
more than they are. Ifprojects are needed, let the various
associations within Pelican Bay take care of their own upgrades.
I for one am happy with the lakes as they are. I believe we are a
"top tier" area of Collier county now and don't need to just keep
spending more money. '
I believe your letter indicated you would like input from residents,
and that is why I am responding.
Sincerely,
t~ If ~
161.[
RECEIVED
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Jim Carroll, Chairman
Pelican Bay Services Division
801 Laurel Oak Drive
Suite 605
Naples, FL 34108
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Dear Jim,
Thank you for your letter. I hope we can be of help to you in the planning and budgeting
process.
Two of the necessities we advocate are:
1) A "Stop for Pedestrians" sign and designated crossing area (markings painted on
the road itself) on Pelican Bay Blvd. at the North Station. Many people on foot
cross here, especially residents of Pebble Creek. Rarely does a passing car
recognize and allow one or even a group of people to cross over to the other side.
2) A designated road lane or even a designated sidewalk for bikers. Wouldn't it be
better to have "Walkers Only" signs on one of the two sidewalks? We have been
put into jeopardy by bikers riding on the sidewalks every time we take a walk on
Pelican Bay Blvd. My Husband has a below-knee prosthesis and he can'tjwnp
out of their way. It's a rare biker who calls out to you from behind. Bikers
coming toward you expect you to jwnp aside for them-even when they zip
around a blind curve. Imagine how a mother with a baby stroller feels.
We hate being intimidated by such thoughtless road hogs. Do you share our fears?
Respectfully yours,
Gerri Bair
The Montenero #608
7575 Pelican Bay Blvd.
1611
THOMAS G. SCHNEIDER
7041'urby Oak Lane
Naples, FLMI08
Phone (239) 598-1885
Fax (239) 598-2203
Email: T0mpaa9162eaoLcom
Mr. James Carroll, President
Pelican Bay Services Division Board
801 Laurel Oak Drive
Naples, FL 34108
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March 10, 2004
Dear Jim:
My wife, Pat, and I have been homeowners in the Oakmont section of Pelican Bay for six
years, residing year round at 704 Turkey Oak Lane. Our home is on the cul-de-sac that
borders Oakmont Lake and the walking path.
We learned from Don Spanier at a recent meeting of the Oakmont Civic Association that
your organization is planning to re-surface the walking path and, most likely to widen it
and to re-Iocate parts closer to the lake.
We request that you re-route closer to the lake the portion of the path that borders our
property. We believe there is sufficient room to do this.
This would minimize the noise and other intrusions that we experience daily and would
allow us to arrange our shrubbery and plantings so we could enjoy a more unhindered
view of the lake.
We appreciate your careful consideration of this request. I look forward to discussing
this with you and others at your next meeting later this month. Meantime, I would be
happy to try answering any questions or responding to any concerns that you or your
colleagues may have.
Sincerely,
~
Thomas G. Schneider
CC: Don Spanier, PBSD Board Member
Jim Ward, PBSD Manager
A12CI2/'v
MAR 22 12D
200~
COUUER COUNTY GOVERNMENT
Pelican Bay Services Division
801 Laurel Oak Drive · Suite 605 . Naples. Florida 34108 · (239) 597 -1749 · Fax (239) 597-4502
Dear Fellow Property Owner:
March 15,2004
We share a unique privilege - owning property in Pelican Bay, which is by any measure, one of the finest
communities in southwest Florida.
Our Community is celebrating its Silver Jubilee this year and at 25 years of age it is in need of renovation.
Just as many of us have invested or plan to invest in renovating and upgrading our property we must plan
for the necessary investments in Pelican Bay to ensure its future.
Earlier this year, the Pelican Bay Services Division Board adopted as its Mission:
Preserve and enhance property owner value and resident quality of life by
promptly and efficiently providing services and capital improvements which
answer the needs of the community within Pelican Bay and maintain it's
position as a top tier community.
To support this Mission the Pelican Bay Services Division Board is developing a long-range plan titled
COMMUNITY ASSETS PRESERVATION PROGRAM to identify and fund the appropriate
investments in our community. This program will significantly increase capital spending from historical
levels and will necessarily result in increased assessments from property owners to fund these investments.
We have identified those programs that will likely be included in the budget for the next fiscal year. The
most important is the re-nourishment of our beaches as part of Collier County's overall beach re-
nourishment program. The cost of this program alone could approach $1 million. Other major programs
involve the replacement of the wall surrounding Oakmont Lake with suitable enhancements to reflect
today's standards of excellence, further investments in restoring the Clam Bay Ecosystem to continue the
significant progress that has been made in this area and investments in the Tram Berm and surrounding
wetland areas to protect the ecology and improve the overall appearance.
We also plan to significantly increase our reserves to have the ability to deal with unforeseen needs. The
actual increase in assessments to support these programs and programs to be funded in future years has not
been finalized, but will most likely be in the range of $300.00 per year for the average property owner in
addition to the operation and maintenance costs of approximately $300.00 per year.
The planning and budgeting process is ongoing. It is reviewed and discussed at scheduled Pelican Bay
Services Division Board and Budget Sub-Committee meetings. We plan to publish more detailed
information on the Community Asset Preservation Program and other aspects of the budget in special
mailings and upcoming issues of the Pelican Bay Post.
Sincerely,
p:a::z;onBOMd
aim Carroll
Chairman
Your involvement in the planning and budgeting process is welcome and encouraged. Input from the
community is essential to our success in fulfilling our mission. W:rth your support and working in concert
with the Pelican Bay Foundation, we can sustain our unique privilege for the next 25 years and beyond. I
look forward to your comments and hope to see you at one or more of our scheduled meetings.
S"IM- II,...-\. ~oT H.AP\o"-( Tv
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March 29, 2004
16JJl
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Mr. Jim Carroll
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Dear Mr. Carroll:
We have received your notice of March 15, 2004, informing us of Collier County's intent
to raise assessments in Pelican Bay by three hundred dollars, per resident, per year for
improvements, plus another three hundred dollars for maintenance of the improvements.
Applied to our 14,000 residences, this would equate to $8,400,000 for the stated one
million dollars of improvements.
After enduring a tax increase of 22% last year, Mr. Hallas of Collier County Government
did not even extend the courtesy of a response to my protest (other than "I'll be out of
town, if you need further information please call my assistant").
This is not an acceptable way to provide government to a community of this stature.
Please explain to me and the other 14,000 owners where the money is going.
I promise you that the way in which Collier County Government is "sapping" Pelican
Bay residents, that the annexation proposal to the city of Naples is probably a done deal.
Respeic, tfully s~m.itte~
/1 I I. \C\; .
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John E. Herlitz
7019 Greentree Dr.
Naples, FL 34108
Cc:Pelican Bay Foundation
Sent By: J*ROLAND*LIEBER
LANDSCAPE ARCHlj239 261 5378;
5:01PM; 161'f
J. Roland Lieber, pile landscape Architects
Landscape Design. Planning and Management
JOCk lieber. FASLA
John Ribes. A$Lp-.
Mar-31-04
March 31. 200..
Mr. Kyle lukasl
'.Mcan Ic:Iy SeNlces Div'Won
801 Laurel Oak Oriv~. Suite 605
Naples. Fl 3~ lOS
Re:
Lancbcape Architectural Services Agreement
Scope of Work: Based on your directives. Instructions and requirements. JRL pile is authorized to proceed with the
services as outlined below.
PROJECT:
Ook:rnont lake Improvements ~ Phase One
Project Descrlptlon: ProJect design Includes landscape grading, hordscape paving, landscape
structures and walls. water features. signage. lighting, irrigation and landscape.
Services Description: JRL pile will prepare the existing conditions inventory and analysis. design development.
Contract documents and r8lat~ specifications based on the c\.:rren" 'ieslgn and budget
projection dated 3-1S.{)4. The construction documents ore inclusive '''cut plan. details.
grading and dratnage pion. lighting plan. pianting plans and lrrlgo: ".., Cons1rUctton
administration inclusive of bid O$Slstance. RFI's. on-slte observation. ~ubslantlal completion
certification and tinal acceptance recommendation report.
Compensation:
Existing Conditions Inventory
Design Development Plans
Construction Documents Plans & Specifications (~: 9Ot.: Bid/Permit Set)
Construction Administration
Related Re-imbursable Expenses
$10.300.00
$17.200.00
$Al.loo.OO
$19.600.00
$ 1.800.00
A County man power fee support calculation form can be provided if required.
Reason:
Refine the design and develop contract documents for bidding. permitting and
installation purposes.
Effective Dote: 0-4.01 .04
Scheduled Completion: Construction Documents - Estimated J Months from executed autholiz.ation to proceed.
Construction Administration estimated .. months from lOO'JL construction document completion.
Required Data: Owner to supply accurate site base survey. topography. ownership and
restrictions.
Authorization: This form serves os the official authonzction for JRL pUe to proceed with the outlined work. Any
counter directives sf be received in writing. All wOrk executed prior to receipt of such notice
sholl be po Il IIc.
Executed:
Dote: 03.31 .0..
Date:
Kyle LUKOSZ for PBSD
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RECE,VED/1611 ..
MAR 1 6 200~
Board of County COmmlSSjoners
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITIEE
2705 Horseshoe Drive South
Naples, FI 34104
SUMMARY OF MINUTES & MOTIONS
February 19, 2004
Ill. Approval of Agenda:
Bob Cole moved to approve the Agenda as presented. Second by Tony
Branco. Carried unanimously 4-0.
IV. Approval of Minutes - January 15, 2004
Bob Cole moved to approve the minutes of January 15, 2004. Second by Ron
Torp. Two typing errors were noted on page 2. Carried unanimously 4-0.
VD. Transportation Operations Report:
B. Progress report on Sign age - Much discussion followed on the proposals for
the pressure wash and faux finish.
Bob Cole moved to get 2 quotes - one from Sign Craft and one from FeFiFo.
Second by Tony Branco.
The Committee's intent is to get two simple quotes for the above mentioned
companies and snot put the whole package out for bid. The initial cost for the
design work and potential ramifications were also discussed.
Carried unanimously 4-0.
IX. Old Business:
B. Review Executive Summary Loan Request Language for BCC -
Ron Torp moved to table reviewing the Executive Summary for the Loan
Request. Second by Tony Branco. Carried unanimously 4-0.
1: ,c
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1611"j~
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2705 Horseshoe Drive South
Naples, FI 34104
March 18,200"
AGENDA
l. Call meeting to order.
lI. Attendance:
Ill. Approval of Agenda
IV. Approval of Minutes - February 19, 2004
V. Landscape Maintenance Report - Green HeronfDoug Green
VI. Landscape Architect's Report - Mike McGee
VII. Transportation Operations Report - Bob Petersen & Joanne Hartman
A. Current Budget & Insurance Claims - Joanne Hartman
B. Progress Report on Signage -- Bob Petersen
C. Project 1 & 2
D. Other
VIII. Committee Reports:
A. Budget Projection Report - Bill Erickson
B. lJS 41 Entrance Landscape Committee - Ron Torp, Mike McGee
C. Other
IX. Old Business:
A. Review Executive Summary Loan Request Language for BCC
(Was tabled at last meeting)
X. New Business:
XI. Public Comments:
XII. Adjournment
The next meetinJ! will be AIJril15th. 2004 at 4:00 PM
Collier County Landscape Operations
2705 Horseshoe Dr. South
Naples, FL 341 ()4
1611 f
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2705 Horseshoe Drive South
Naples, FI 341 04
Febmary 19, 2004
Minutes
L The meeting was called to order by Chairman Robert Slebodnik at 4:15 PM.
n. Attendance:
Members: Tony Branco, Robert Cole, Robert Slebodnik, Ron Torp,
William Erickson (Excused)
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Coordinator
Others: Mike McGee-McGee & Assoc., Doug Green-Green Heron, Sue
Chapin - Manpower Services
llL Approval of Agenda
Bob Cole moved to approve the Agenda as presented. Second by Tony
Branco. Carried unanimously 4-0.
IV. Approval of Minutes - January 15, 2004
Bob Cole moved to approve the minutes of January 15, 2004. Second by Ron
Torp. Two typing errors were noted on page 2. Carried unanimously 4-0.
V. Landscape Maintenance Report - Green HeronlDoug Green
. Doug reported problems with worms on the Bougainvilleas and
stated they were treated. They are now getting new growth.
. Has fertilized all turf
. Irrigation issues are being worked out.
. Bougainvilleas on Forest Hills have been fertilized
. Entrance to Pinehurst - fountain grass has too much fertilizer into
crown of plant - needs attention.
. Valley Stream - clock & valve problem will be addressed.
. Mulching and labor was discussed.
VL Landscape Architect's Report - Mike McGee
. Have done a ride around - addressed past issues and given
quarterly report to Green Huron. They need to be more active.
. Green Huron is responsible for checking out irrigation boxes on a
weekly basis.
. Green Huron will provide a cost of gluing on RPM reflectors.
. Trash in medians and bougainvilleas will be addressed.
1
. Brown spots will be seen due to herbicides for carpetgrass
. Valley Stream - weeds also - resod
. Pebble Beach - Tabebuia replacement
. Discussed getting proposal on crown of thorns, sidewalk
renovation, valve box, paving, lifting the asphalt and swale to 41.
. Water situation with debris and improving the drainage on St.
Andrews was discussed.
1 6 '1"1
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. ~.
Vll. Transportation Operations Report - Bob Petersen & Joanne Bartman
A. Current Budget - Joanne Bartman handed out Budget sheets.
(Attached)
_ It was noted all bills are paid to-date.
- Fund balances were given.
_ Explanations were given on the estimated figures when the Budget was
proposed for the 2003-2004 fiscal year.
_ Nothing under Revenues is pending for traffic accidents in Lely. Bob
Petersen mentioned they have had a few accidents - Joanne will check
with Green Huron and the police reports further.
_ Joanne handed out a Crime Prevention sheet on a Neighborhood Watch
Program.
B. Progress Report on Signage - Bob Petersen gave three quotes.
_ $10,065.24 -low bidder
10,415.50
10,600.00
_ Pressure wash and faux finish was not included.
_ After much discussion concerning the companies and the cost of the faux
finish painting, it was decided to get samples on a board from the companies
for their faux finish painting.
_ If George has not contacted the low bidder, they will contact two more
companies. (FeFiFo for Painting and Signcraft for Lettering) Bob Petersen
will also check with Purchasing to make sure there isn't a problem.
_ Tony mentioned Lakewood removed "Deed Restricted Community" from
their sign and Lely is now the only community with "Deed Restriction" on
theirs.
Bob Cole moved to get 2 quotes - one from Sign Craft and one from
FEFIFO. Second by Tony Branco.
The Committee's intent is to get two simple quotes for the above mentioned
companies and not put the whole package out for bid. The initial cost for the
design work and potential ramifications were also discussed.
Carried unanimously 4-0.
C. Project 1 & 2 - Project 1 is the refurbishment ofthe irrigation on St.
Andrews.
_ The pumping station and main line will be proposed separately in the
bids. After the advance to the Committee of $69,800 both projects may be
short funds. The $70,000 Grant has to be used for the front entrance.
Bob Petersen suggested they ask the Board of County Commissioners an
advance of the $70,000 on next years Budget.
2
Project 2 - sidewalks and swales were discussed earlier.
D. Water Bills - Bob Petersen
_ After careful attention to the bills, Bob cannot correlate them with
any leaks etc. and will continue to monitor. In the higher billings
months, the meter wasn't working properly. Their meters have now been
replaced with the newer ones.
E. Other
1 6111
VIll. Committee Reports:
A. Budget Projection Report - Bill Erickson
_ Bill was not present and Bob Petersen will contact him.
B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
_ They have not met yet.
_ Bob Petersen mentioned it was the Attorneys opinion to get Letters of
Agreement for easements.
C. Other
IX. Old Business:
A. Insurance Claims Report - Joanne Hartman - covered earlier.
B. Review Executive Summary Loan Request Language for BCC
_ Ron Torp moved to table reviewing the Executive Summary for the
Loan Request. Second by Tony Branco. Carried unanimously 4-0.
X. New Business: None
XI. Public Comments: None
Xu. Being no further business to come before the meeting, it was moved and
seconded to adjourn. The meeting adjourned at 5:40 PM.
The next meeting will be March 18th, 2004 at 4:00 PM
Collier County Landscape Operations
2705 Horseshoe Dr. South
Naples, FL 34104
3
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GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
SUMMARY OF MINUTES & MOTIONS
March 18.2004
m Approval of Agenda:
It was moved and seconded to approve the Agenda as amended. Carried
unanimously 4-0.
IV. Approval of Minutes:
It was moved and seconded to approve the Minutes of February 19, 2004 as
amended. Carried unanimously 4-0.
VB. Transportation Operations Report:
B. Progress Report on Signage - Bob Petersen
After more discussion and review of quotes the following motion was made.
Tony Branco moved to accept FeFiFo for the faux finish background and
Sign Tek for the sign installation with the modifications previously discussed.
Second by Bill Erickson. Carried unanimously 5-0.
X. New Business:
Committee has expressed their frustrations with Green Heron. If things do
not dramatically improve, they felt they should tenninate their contract.
. ,'. ..'" \... I\. ;.,', :1.
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GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
~Hl ~1\0'4
\ '\ \ \ Cj,
AGENDA
I. Call meeting to order.
U. Attendance:
m Approval of Agenda
IV. Approval of Minutes - March 18, 2004
v. Landscape Maintenance Report - Green Heron
VI. Landscape Architect's Report - Mike McGee
vn. Transportation Operations Report - Bob Petersen
A. Budget
B. Progress Report on Signage - Bob Petersen
C. Project 1 & 2
D. Other
vm. Committee Reports:
A. Budget Projection Report - Bill Erickson
B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
C. Other
IX. Old Business:
A. Review Executive Summary Loan Request Language for BCC
(Tabled)
B. Review Performance of Green Heron for last 4 weeks
X. New Business:
XL Public Comments:
Xu. Adjournment
The next meetiftl! win be Mew 20th. 2004 at 4:00 PM
Collier COllnty Landscape Operations
2705 Horseshoe Dr. SOllth
Naples, FL 34104
16'1
1611
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
March 18, 2004
MINUTES
I. The meeting was called to order by Chairman Robert Slebodnik at
4:00 PM
ll. Attendance:
Memben: Tony Branco, Robert Cole, Robert Slebodnik, Ron Torp (4:15),
William Erickson
County: Bob Petersen-Landscape Operations, Joanne Hartman (Excused)
Othen: Michael McNeill & Derrick Kahl-Green Heron, Mike McGee-
McGee & Assoc. and Sue Chapin-Manpower Services.
ID. Approval of Agenda
"Budget" was moved to V. (A).
Bill Erickson moved to approve the Agenda as amended. Second by Tony
Branco. Carried unanimously 4-0. -
IV. Approval of Minutes - February 19, 2004
BiD Erickson moved to approve the minutes of February 19, 2004.
Second by Bob Cole. Carried unanimously 4-0.
V. Landscape Maintenance Report - Green HeronlDoug Green
Derrick Kahl- new Landscape Manager was introduced.
. Reflectors will be finished
. Maintenance being done weekly
. Irrigation is being repaired at main entrance
. All repairs will be finished by Monday (piping was damaged and wires
cut)
. Expenses will not come out of the MSTU for any damages caused by
installation of sidewalk.
. Valley Stream irrigation - will re-check to make sure it is running
100%.
. Crown of Thoms - waiting for sidewalk renovation to be completed.
. St. Andrews Median - irrigation was discussed.
. Crown of Thorns will be planted on the tip on Pebble Beach when
sidewalk is finished.
1
1 611~#
. 2 trees # 17 - Tabebuia trees - flower now and drop their blossoms
. Treated bougainvilleas - applied granular application
. Broken sign - Island #3 - will be picked up
. Do better job of picking up trash.
. Fountain grass to be cut and the area cleaned around signs at Baltusrol
(Ron Torp arrived at 4:15 PM)
Ron stated they need more follow-up and better maintenance from the
Landscapers.
A. Budget Report: Bill Erickson
_ Bill handed out the Budget Projection sheet (Attached).
_ He covered the Capital Improvements, estimated Revenues and Projects
1 and 2. Projected costs were covered.
_ Different scenario options were presented by Bob Petersen. He felt the
projection figure for revenues for 2004/05 of $56,500 was on the low
side.
_ $60,000 is available in their budget in Improvements General.
_ The $40,400 Revenue figure for 2003/04 should be changed to $60.000.
_ Bob Petersen will move the reserve contingencies later in the year.
_ A lengthy discussion was held on the projected figures.
Bob Cole moved to have the County go out for bids for Project 1.
Second by Ron Torp.
Project 1 is to install new irrigation pumping station; install new 2 Y2 main
water line on St. Andrews Blvd. from Forest Hills to Pebble Beach Blvd.
& upgrade plant material in the medians.
Carried unanimously 5-0.
VL Landscape Architect's Report - Mike McGee
VU. Transportation Operations Report - Bob Petersen & Joanne Hartman
A. Current Budget & Insurance Claims - Joanne Hartman
Bob handed out the Budget Sheets - (Attached).
_ Covered the line items and Capital Outlay.
_ Question was asked about the front entrance, if there is a final plan and
the decision on the easements.
_ Bob responded the Attorney's Office stated they can use a "Letter of
Agreement". Rather than using Surveys.
B. Progress Report on Signage - Bob Petersen
After further investigation of the faux finish painting, Bob Petersen also
found they need to make sure the stucco has a smooth finish so the faux
finish looks like marble.
. Quote from Robert Schekley = $6,500
. Quote from FeFiFo = $4,725
. Low bidder for project was: $10,065.24 - Sign Tek
10,415.50 - Naples Sign
10,600.00 - Images
2
. More discussion followed on the sign letters, size, foam 1 All 1
and design cost.
Tony Branco moved to accept FeFiFo for the faux finish background
and Sign Tek for the sign installation with the modifications
previously discussed. Second by Bill Erickson.
Carried unanimously 5-0.
(Bob Cole left at 5: 10 PM)
C. Project 1 & 2 - Discussed previously.
D. Other _ Bob Petersen mentioned the sidewalks will be brought up to
ADA standards for handicapped. Will be finished in approx. 1-2
weeks.
_ Have finally acquired easement for ditch behind #3 green-
deeded to the County. (2/2/04)
_ Mr. Slebodnik will write a letter to John Vilet for cleaning out
the hibiscus ditch.
Committee Reports:
E. Budget Projection Report - Bill Erickson - discussed earlier.
F. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
No report.
G. Other - Discussion of newspaper stands on Buena Vida.
IX. Old Business:
A. Review Executive Summary Loan Request Language for BCC
(Tabled)
X. New Business: Mr. Slebodnik made a statement about the Contract with
Green Heron. If things do not improve dramatically, he felt they should
terminate their Contract. The Committee expressed their frustrations.
Green Heron is required to submit monthly reports and use weekly sign-
off sheet.
Bob Petersen had a discussion with, Derrick Kahl, the new manager and
hopes there are significant improvements within the next two weeks.
Getting a cost estimate was discussed for having the Landscapers re-
distribute some of the excess mulch and rake prior to rainy season.
Regular tasks can be modified to keep labor cost the same.
XL Public Comments: None
XIL Being no further business to come before the Committee, it was moved
and seconded to adjourn. The meeting was adjourned at 5:30 PM.
The next meetinl! will be Aoril15th. 2004 at 4:00 PM
Collier County Landscape Operations
2705 Horseshoe Dr. South
Naples, FL 34104
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Fiala
Halas
!'"-lenning
Goyle
ColeUe
RECEIVED 1.6 " 1
MAR 2 3 200~
'Board of Count 11 Comm is si oners
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 1,2004, IN 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 HEARING. 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 PRESENT A TION 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.
NOTE: The public should be advised that two (2) members of the Collier County
Planning Commission (Dwight Richardson and Bob Murray) are also members of the
Community Character/Smart Growth Advisory Committee. In this regard, matters
coming before the Collier County Planning Commission may come before the Community
Character/Smart Growth Advisory Committee from time to time.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - FEBRUARY 19, 2004, REGULAR MEETING AND FEBRUARY 19, 2004, SPECIAL
WORKSHOP -,,..,..
6. BCC REPORT- RECAPS -FEBRUARY 17, 2004, JOINT WORKSHOP; FEBRUARY 24, 2004, REGUALR MEETING;
FEBRUARY 25, 2004, JOINT WORKSHOP; MARCH 9-10, 2004, REGULAR MEETING.
7. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINbs''-' '\ ~ ~ \ ('\4
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A. Petition BD-2004-AR-5239, Andrew Jaffe, represented by Michael D. Hawkins, of Turrell & Associates, Inc., is
requesting a 57-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater
than 100 feet in width, which would allow construction of a boat docking facility accommodating 2 vessels
protruding a total of 77 feet into a waterway which is about 705 feet wide. Property is located at 204 San Mateo
Drive, legally known as Southport on the Bay Unit I, Lot 29, in Section 6, Township 48 South, Range 25 East,
Collier County, Florida. (Coordinator: Joyce Ernst)
B. Petition CU-2003-AR-3914, Ann Phillips Pre-School, represented by Terrance L. Kepple, of Kepple Engineering,
Inc., requests Conditional Use #3 of the RMF-6 district for Child Care Facility. The property to be considered for
the Conditional Use is located at 86010200 Avenue North, in the Naples Park Subdivision, in Section 28, Township
48 South, Range 25 East, Collier County, Florida and consists of .46 acres. (Coordinator: Fred Reischl)
8. OLD BUSINESS
9. NEW BUSINESS
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
3116/04 CCPC Agenda/RB/sp
2
1 Q![l19, 2004
Fiala
Halas
Henning
Coyle
Coletta
TRANSCRIPT OF THE MEETING OF TH~CE,"EO
LIER COUNTY PLANNING COMMISSION
Naples, Florida, February 19,2004 Mtl,R 2 3 ZOO~
Board ~ount~ Commissioners
LET IT BE REMEMBERED, that the Collier County Planning Commission
in and for the County of Collier, having conducted business herein, met on
this date at 8:30 AM in REGULAR SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRMAN:
Russell Budd
Mark Strain
Lindy Adelstein (Excused)
Paul Midney (8:40)
Dwight Richardson
Kenneth Abernathy
Brad Schiffer
Robert Murray
George Evans (Absent)
ALSO PRESENT: Joe Schmitt-Community Dev. & Environmental Services
Ray Bellows - Planning Dept.
Marjorie Student - Assistant County Attorney
Kay Deselem - Dept. of Zoning & ~-and'Dev. Review
Michele Mosca - Dept. of Zoning & Land Dev. F&view
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1. Chairman Russell Budd called the meeting to order at 8:30 AM and Pledge of Allegiance was
recited.
2. Roll Call - A quorum was established with Mr. Adelstein excused, and Mr. Evans and Mr. Midney
absent.
3. Addenda to the Agenda - None.
4. Absences - None.
5. Approval of Minutes - January 15, 2004
Mr. Schiffer moved to approve the January 15,2004 minutes with the corrected "side-yard
setback of 6 & 12" instead of the "5 & 10". Second by Mr. Richardson. Carried unanimously
6-0.
6. BCC Report-Recaps-January 27, 2003 Regular Meeting and the January 29, 2004 LDC
Meeting.
- January 27th regular BCC meeting Model Home Extension - approved.
- Coconilla - recommended for denial- 3-2 vote - no majority.
- Marjorie Student - Assistant County Attorney stated it could be reconsidered
and would go back to the BCC, but not the Planning Commission.
- The Nigel Craig PUD was continued indefinitely until they can work out things
more closely with the Community.
7. Chairman's Report - None
8. Advertised Public Hearings:
A. SV -2003-AR-4652 - the Greater Naples Chamber of Commerce Inc.,
represented by Richard D. Y ovanovich, of Goodlette Coleman & Johnson., requesting a variance
from LDC Subsection 2.5.5.2.5.2, that allows one wall sign for each single-occupancy parcel with
single roadway frontage to allow two existing wall signs to remain after a copy change for .43
acres located at 3620 Tamiami Trail North, further described as Gulf Acres Subdivision, lot 4,
Block B, and the north 75.5 feet of the west 50 feet of lots 75 & 76 of Naples Improvement
Company's Little Farms in Collier County, Florida.
Disclosures - Mr. Budd disclosed that he is the Chairman of the Board of the Greater Naples Chamber
of Commerce, and being it is only a volunteer position he is still going to file the 8B Memorandum of
Voting Conflict and recluse himself in which Mr. Strain will conduct that part of the meeting.
All those testifying were sworn in by Mr. Strain.
Other Disclosures - None.
(Mr. Midney arrived at 8:40 AM)
2
16:11
February 19, 2004
PETITIONER
Rich Y ovanovich _ representing the petitioner - Showed on the visualizer location of the property on
US41 _ east side. Property and building is very narrow and long. Two signs are now located on the
building identifying the Naples Area Chamber of Commerce. It has changed its name to the Greater
Naples Chamber of Commerce. Need to revise the text on the sign. The Code allows one wall sign on
the building. They are not eligible to a pole sign so are requesting a variance to allow the two wall signs
to remain. Staff recognizes the Chamber of Commerce serves a public purpose for everyone in the area.
Mr. Abernathy stated it seems there is a "perceived" need to change the sign. He didn't see a need at
all to change the sign with only one word, being the same Chamber of Commerce.
Mr. Yovanovich responded in order to have the accurate name they have to have the text variance to the
sign. They wish to keep the two signs on the building and change it to the correct name of the
Organization. Believe there is a hardship and they meet all the criteria of the Petition. There is no
zoning code violation or has not received any violation from the County.
Mr. Budd noted a ground sign would require removal of the hedges and shrubbery at the edge of the
sidewalk.
STAFF
Michele Mosca _ Dept. of Zoning & Land Development Review - only comment she had was that it
be limited to the tenant only.
Discussion followed on signs for shopping centers and more than one tenant. Michele displayed a
picture of the sign and location of property with neighboring sign.
Hearing was closed for motion and discussion.
Mr. Abernathy moved to forward Petition SV-2003-AR-4652 to the Board of Zoning Appeals with
recommendation of approval. Second by Mr. Murray. Carried 6 -0 with 1 abstention. Mr. Budd
abstained. Motion was approved with staff proviso limited to the present.
B. RZ-2003-AR-3703 - Immokalee Church of the Nazarene represented by William L.
Hoover, AICP, representing a rezone from the "P" Public Use Zoning District to the "CF"
Community Facility Zoning district for property located at the southwest corner of the
intersection of Colorado Ave. and 4th Street South in Immokalee Florida. This property consists
of 1.55 acres. (COMPANION TO V A-2003-AR-4708)
Those testifying were sworn in by Mr. Budd.
Disclosures - None.
PETITIONER
Bill Hoover of Hoover Planning representing the petitioner - Immokalee Church of Nazarene.
Church is requesting to rezone 1.55 acres in Immokalee and gave the location. This is from public use
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February 19, 2004
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to community facility zoning with only request in that district for churches. 12,500 square foot existing
facility was occupied by Florida Dept of HRS - and clarified that the maximum of 220 people referred
to would be the maximum seating availability in the sanctuary during a church service. Two services of
220 each would be acceptable. Structure was built in a different zoning district so requesting two set-
back variances from 5th street south. That is only a sidewalk and a drainage canal with no traffic.
Church needs an 11.9 foot variance for the front yard set-back for an existing covered sidewalk roof
overhang. The roof overhang can be 10.1 feet back instead of 22 feet. Need variance for building also.
Need a 4.9 foot variance so the building can be 20.1 feet.
The Companion Item to RZ-2003-AR-3703 will also be heard.
C. V A-2003-AR-4708 - Immokalee Church of the Nazarene represented by William L.
Hoover, AICP, of Hoover Planning & Development, Inc. requesting a variance from LDC
Section 2.2.19.4.3.1., in the community Facilities "CF" zoning district, from the 25 foot
minimum front yard setback to allow a 10.1+/- foot setback for an existing covered
sidewalk and a 20.2+/- foot setback for the existing building located at the southwest corner
of the intersection between Colorado Ave and 4th street south in Immokalee, in Collier
County, Florida consisting of 1.55 + acres.
Disclosures - none.
Those testifying were sworn in by Mr. Budd.
Mr. Hoover finished and took questions.
Mr. Murray asked about the sidewalk on 5th street with the drainage canal - if it could ever become a
street. It is not a physical street.
Parking with buses was discussed.
Mr. Strain asked if Mr. Hoover had given the Master Plan Committee a copy of the rezone etc. Mr.
Schmitt stated Glenn Heath or John David Moss could be contacted. Mr. Hoover had no problem taking
it to them before going to the BCC.
Mr. Strain did not have the site plan in his packet. Kay Deselem passed them out.
STAFF
Kay Deselem - Principal Planner/Dept. of Zoning and Land Development Review - staff has
reviewed the petitioners request and provided an analysis and recommending the rezone petition be
deemed consistent and compatible and recommend approval. Several conditions were addressed and
recommended approval of the variance with condition that limits the variance.
Mr. Murray is anticipating the needs and concerns about the number of buses and spaces not being
adequate.
Kay has addressed the parking facility stating they are thinking more of a van type vehicle rather than a
large bus. After a lengthy discussion, Kay reminded everyone this is a rezone and not an SDP plan.
4
1 6 Ilruary 19,2004
Kay also stated the variances are limited to the existing structure as shown on the site plan. To other
uses, petitioner has agreed to limit the use to a church or house of worship. Any extended uses would be
ancillary to that.
Mr. Abernathy asked to substitute the word "participants" not to exceed 220 persons.
Mr. Schiffer wonders if they should be asking for a landscaping variance as the site plan does not have
the proper buffers.
Kay responded the site plan is for informational purposes for the zoning and not an SDP plan. The
parking has been approved as a separate parking agreement.
Ray Bellows _ Planning - stated they are dealing with the pre-existing structure and the code requires
landscaping be brought up to code where feasible. Not a new structure.
Mr. Hoover stated the parking requirements are based on seating inside the house of worship.
Hearing was closed for motion and discussion.
Mr. Midney moved to approve companion Item RZ-2003-AR-3703 subject to staff conditions.
Second by Mr. Strain. Carried unanimously 7-0.
Mr. Midney moved companion item V A-2003-AR-4708 be forwarded to the Board of Zoning
Appeals with the recommendation of approval with the 220 persons referenced in the staff report
be applied to the seating capacity and not any other facility. Second by Mr. Strain. Carried
unanimously 7-0.
BREAK 9:25 AM
RECONVENED 9:35 am
D. PUDZ-2003-AR-4528, Kevin Ratterree, General Partner of GLH
Development L.L.L.P., represented by Robert Duane of Hole Montes, Inc. requesting a rezone
from a Planned Unit Development zoning district to a Planned Unit Development district to be
known as Terafina PUD, for the purpose of eliminating the golf course tracts reconfiguring the
land use tracts, updating the transportation commitments and revising the development standards
in Table I of the PUD. This petition will not change the currently approved 850 residential
dwelling units. The property to be considered for this rezone is located approx. One mile north of
Immokalee Road East of the "Quail Creek" subdivision and north of the "Olde Cypress PUD"
and consists of 637 acres.
Disclosures - Mr. Strain had an e-mail with a resident from "Olde Cypress".
All those testifying were sworn in by Mr. Budd.
5
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February 1 ~, 2004
'1
PETITIONER
Robert Duane - Holes Montes & Assoc., - the project was previously approved by the CCPC and the
BCC several years ago. They are in agreement with the staff report. He briefly summarized the changes
to the PUD Master Plan:
· Eliminating the Golf Course
· Filling in area with residential pods depicted on the Master Plan.
· Incorporated a cross section into the PUD Ordinance to provide for additional separation to the
neighbor to the south "Olde Cypress".
· Eliminated a swale on their side of property and provided better screening and buffering than the
LDC does. (more trees and wall)
· Shared flow-way.
· Developer's contribution agreement with BCC to extend Logan Blvd. from Vanderbilt Beach
Road to Immokalee Road for exchange of impact fees. Logan will be extended to the north by
Parkland.
· Limited commercial development - Collier County utilities wanted sites for well fields and
incorporated into the PUD for three sites.
· Landscaping and wall treatment on the other side of Logan Blvd. adjacent to Longshore Lakes.
· 850 Dwelling units - 1 unit per acre. Below the limits of the Comprehensive Plan which is 4
dwelling units per acre.
Mr. Kevin Ratterree - Vice President with GL Homes & developer of the Terafina Property-
(Saternia Falls) gave revisions, deviations and agreements reached with neighborhood communities.
· Monetary contribution for intersection improvements for Immokalee and Oaks Blvd. - $500,000
· Talked about the Logan Blvd. section - agreed to build Logan south of Immokalee to Vanderbilt.
· Had been asked to mitigate to adjoining community. Held many meetings and entered into a
separate agreement with Longshore Lakes. When Ronto proceeded to construct the road they
would upgrade landscaping on the left side of the right-of-way as a community buffer to
Longshore Lakes.
· Agreement with Old Cypress in reference to the cross section. The buffer provided on Olde
Cypress side was 15 feet. Proposed a 15 foot buffer on their side. Combined a 30 foot buffer in
place of the two 15 foot buffer. Will construct 6 foot wall, berm and slope with staggering trees
20 feet on center. Talked about the hedging, palms and ground cover that is being planned.
· Wall - 6 foot - will appear higher with grade differential.
· Quail Creek - upgrade landscaping and buffering.
· The son of Mr. Hardy is a partner of Terafina.
Mr. Strain asked what portion of the project is vested. Mr. Duane responded - 850 residential units.
Under the public information meeting Mr. Strain asked about the traffic impact study. It is the one
between Terafina and aIde Cypress.
Mr. Strain asked if he had easements for the Landscaping and irrigation etc. Mr. Duane stated they
have an agreement with the Homeowners Assoc.
Mr. Strain addressed the deviation list and asked about the 35 foot wall.
Mr. Duane responded they would like to be able to construct something similar to Kensington. Mr.
Strain read from the LDC on the limitations.
6
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Language by staff on some conflicts was discussed. Mr. Duane talked about changing some of the LDC
requirements and ordinances.
Marjorie Student -Assistant County Attorney - stated language can be modified in provision saying
"should County adopt or implement an Ordinance - provides for such a program etc. etc... . . . . . . . . ."
Mr. Richardson stated they have many developers that come in not using all the units per acre available
to them.
Mr. Duane is not aware of any developer that is committed to take the access density and make it
available to the County for affordable housing for the future.
Marjorie Student clarified that under the density rating system; the developer can get the number of
units asked for and come back later and ask for that allowable density, but he is getting what he is asking
for now.
Mr. Schiffer asked about the buffer with setbacks, if it was lot to lot. He asked Mr. Duane to explain
what their plans were around the recreation center.
Mr. Duane responded that due to the wetland areas around the project they were not able to provide the
required number of dwelling units.The gate into the property was discussed with the showing of the
Master Plan.
Mr. Schiffer referred to page 22 of the PUD Item #4 - add the word "door" after back of garage.
A sales center and models were discussed on their location and possibly a real estate office.
Mr. Ratterree explained within their recreation facilities for the residents they offer the opportunity for
commercial enterprises to come into the development. They capped it at 5,000 square feet for such
things as a hairdresser or bank etc. Only available to the residents within the PUD. Not allowed outside
the community. They do not nor will they allow rentals within the community.
Mr. Midney asked about the preserve area which is a flow way or water channel.
Keeping the levels in the lakes is done with the interconnecting of the lakes within the community to
have the ability of flow to get water off the property in event of a storm. Nature takes its course, but if a
significant drought, the lakes will drop in elevation.
Mr. Abernathy stated in the PUD there is a provision for cul-de-sacs being in length of 2,700 feet
which sounded like a dead end street. Mr. Ratterree responded it provides the residents larger lots and
they favor the cul-de-sacs. It is a huge market and cal de sacs are repeatedly asked for.
The original Master Plan was shown on the map and discussed.
STAFF
Ray Bellows stated the petition was reviewed by staff with comments and concerns expressed about the
village neighborhood center but agreed to the deviation. No increase in dwelling units so no increase in
traffic or transportation impact increases. The concept actually reduces the traffic with the people
staying in the development and not traveling on the outside roads. Environmental review recommended
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February 19,2004
approval. Changes are consistent and subject to the developer road construction agreement and
recommends approval.
Mr. Abernathy asked about checkbook concurrency.
Mr. Ratterree stated the developer contribution provides for the 850 units and are vested with traffic
concurrency and not subject to any modification to the traffic performance.
Mr. Schiffer asked if they could require certain functions in the commercial center.
Mr. Duane stated it is the option of the developer. Combined services and conveniences for the
residents will be structured within the community. The square footage would be used as recreational if
they found no vendors wished to make use of the footage.
Speakers not sworn in previously were sworn in at this time by Mr. Budd.
SPEAKERS
Rich Y ovanovich - on behalf of Stock Development - developer of Olde Cypress - the agreement
mentioned earlier between developer of Olde Cypress and GL Homes - had been reached and will be
signed today.
Brad Cornell - Collier County Audubon Society - had concern about the eastern portion of the
development with the flow-way. There is more information available and the Army Corp of Engineers
has been looking at the hydrologic modeling and impacts of the flow-way. They have concerns the flow-
way will be damaging for the environments of the Cocohatchee watershed. The EP A is also raising
concerns - do not have permits on the Mirasol project yet.
Good opportunity of good interconnection of project with Parklands to the north. He understands the
questions about the cul-de-sacs. The internal commercial area with the recreation area is designed for
failure if only internal to the project. They are not successful and should be externally available.
Modeling for the flow-way was explained:
· Designed to reduce historic water levels to Bonita Beach
· Some modeling suggested some blockages in some areas of the flow-way
· 4 projects are involved - Mirasol, Parklands, Olde Cypress and Terafina
Restoration, heavy impacts and no hydrologic data or evidence that they have higher than normal
staging in that area.
· Impact with melaluca trees
· Need clear cut answers before permit is issued for flow way.
· One Question is what the nature is and extent of off site impacts that the flow way will have on
the wetlands in the area all the way back to Corkscrew Swamp.
Mr. Bellows mentioned petitioner is subject to future development orders and need to get permits from
SFL WM District. The agency is reviewing the plans now.
Mr. Budd appreciated Mr. Cornell bringing the issues forward, but the rezone request before them
today is a separate issue and not part of the rezone consideration and authority.
8
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Mr. Midney asked if there are going to be impacts to the row of houses on the west side of the site or
will the roadway not impact it.
Mr. Ratterree answered it will impact the east property line. It will impact those houses and that is the
reason of the contribution for them to use in what they deem appropriate to their community.
They are encouraging interconnection.
Joe Schmitt said there were many joint meetings with the neighboring neighborhoods, staff along with
transportation and Commissioner Henning in regards to working out several issues with wall, access and
landscaping. The landscape maintenance agreement has been approved by the Board.
Bob MuIhere (sworn in) stated there were many negotiations as far as the Parklands PUD. Many
entities were involved. Logan Blvd. will be constructed and are constraints along Olde Cypress with a
60 foot right-of-way. Beyond that the residents that live adjacent to the future Logan Blvd. extension
were concerned the road is limited to two lanes, not four or six. That functions and is the
interconnection. There would be no purpose served to provide an interconnection between the two
PUDS'.
Bud Grane - President of Olde Cypress Homeowners Assn. - he noted two problems:
When they are turned over from the developer, they will be ready to go forward.
1 _ The Homeowners voted against truck traffic up Immokalee to the Terafina entrance. The dirt, dust
and noise factors are high - suggested another route be taken from the north end with heavy trucks.
They are getting the dirt and dust three blocks away.
2 _ The south end of the Terafina project and south end of Olde Cypress - no objection to the wall and
plantings but would like to have single family residence or move entire area to a buffer preserve so the
people living in the two story homes, which are proposed across the south end of Terafina, would not be
looking down into the bedrooms of the people in 01de Cypress.
They would like to put a traffic circle in Treeline Drive and Logan Blvd. So a single lane can go
towards the Terafina area and one lane turn into Olde Cypress.
Carol Wilsey - Director of OIde Cypress Homeowners Council - not been turned over and Mr.
Y ovanovich talked earlier on behalf with Stock - has an agreement with Mr. Stock - not with the
Homeowners. Not opposed to the wall and landscaping but issues with how the deal was obtained and
issues with the development.
There were meetings with the Homeowners Council and was asked if they would okay the wall and
landscaping would they not oppose the construction traffic on Logan. She and the Homeowners said
"no". She tried to find GL Homes an alternate construction route and was not successful. She talked
about getting permits, taking fill off site and no additional trucks. She has some contacts at the Army
Corps but nothing can be moved
any faster. She talked about a construction road built from Bonita Beach Road. They do not oppose the
850 units but questions the plan itself. She showed the original PUD.
Carol discussed the landscaping and marketing and selling the properties. She gave examples of what
could be done. She suggested along the buffers there could possibly be an additional preserve area for a
softer streetscape, making the homes easier to sell. She also discussed the water levels during a drought,
opposing the additional construction traffic and trips per day. They fought Logan Blvd. to keep it to two
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February 19,2004
lanes. They are asking for a round-about at the entrance to slow traffic down rather than speed bumps.
She also mentioned traffic lights.
Mr. Strain asked her about supporting the flow-way and letting the Army Corps know.
Other issues: - Traffic circle - county issue rather than a developer issue. Planning
Commission can't help with that issue.
- Construction traffic through Lee County, they would have to come
through the Parklands to get to Terafina. Not a fair process.
- Moving of the preserve - they are set by natural limitations of wetland
delineation lines established by South Florida Corps of Engineers.
- Limiting the buildings on the south property line to single story can be
asked of the developer.
Meggan Davis - Vice President of Board of Directors for the Longshore Lake Foundation _ the
Board of Directors met in January and voted to support the applicant for his petition to amend the
original PUD. They support going from golf to lakefront. The Terafina is north of them and have found
them to be very responsive to their concerns and entered into a formal agreement. They will fund a
number of items to militate against the adverse effects of Logan Blvd. for their community. Some are
the 8 foot wall, landscaping and others. Their agreement with GL Homes is contingent on the counties
approval of the PUD and asked the Commissioners for their consideration.
Commissioner Tom Henning - (sworn in) - he has been involved in this project for some time.
Parklands had some vested right under their DRI to come through with project. Under that DRI they
needed to build Logan Blvd. He knew how it would impact Longshore Lakes and Olde Cypress. He
asked GL Homes to assist in the concerns of the residents and have worked out some of those concerns.
Construction traffic was discussed with Carol Wilsey. If it would be a golf course property it would be a
huge impact to the residents of Olde Cypress because of the use of the dirt being trucked in for the fill in
that area. They looked at other options, of which he covered, and would not work. He talked about
going through the flow-way of Mirasol and a lot of objections and not sure they could get an approval.
He cannot demand they come in from Lee County. He worked with everyone involved all summer and
had dealt with the concerns of the people in Collier County. No objections to the project, just
components "of' the project. He asked the Commission that the $500,000 for the improvements to
Immokalee Road and Logan Blvd. language be there to transfer the money for the improvements of
Logan Blvd. and between Vanderbilt Road and Immokalee as the DCA intended.
If they accept the project as is, and if staff would accept the buffering for Olde Cypress, they could
claim that as their 15 foot buffer. It would not be a financial impact on the residents as the developer
will pass the costs onto the residents.
Mr. Strain asked the applicant if they would have an objection to limiting the residential component on
the south side adjoining Olde Cypress to a single story.
Mr. Ratterree responded he would have a problem with that. These are residential homes adjoining
residential homes and they are providing a significantly larger and greater buffer required by the Collier
County Code. If it would be golf course, it would consist of one tree every 30' on center - no hedge and
some grass. They are proposing approx. a half million or three-quarters of a million dollars of landscape
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February 19,2004
improvements. The objection to single homes - they are detached, zero lot line homes along south
property line. Zero lot line homes are predominantly two story homes. Two story homes sell
immediately, and the single story do not. Zero lot line homes are bigger and larger square footage.
That's why the increased buffer.
. The water issue - they are required to take the water on their property into their lake system and
discharge the water in accordance with south Florida Army Corps requirements. They cannot
discharge onto Olde Cypress.
. Traffic Circle - not responsible for traffic circle - issue with Collier County and Ronto.
. Truck Traffic - they are going to be short on fill if not the developer of the flow-way. Will be
250,000 cubic yards short. The fill will have to come from somewhere.
Mr. Schiffer asked if the developer would have a problem limiting their product to single family or
zero lot line along the boundaries at Olde Cypress. The single family homes were shown on the map of
Olde Cypress. The developer had no problem. Mr. Schifferstated if the developer will limit it to single
family or zero lot line detached, he is satisfied.
Mr. Richardson asked about the lakes.
Mr. Ratterree stated if the approval of the flow-way is granted by Army Corps, the first builder in gets
to pull the fill from the flow-way. Mirasol has the flow-way permit as part of their permit. Depending
upon what they do, will play into who gets into the flow-way first. If they are, and they take the fill,
they will get to meet their fill calculations.
Mr. Richardson would like to see some give on the deviation for cal-de-sacs. He would recommend
one should be connected.
Carol Wilsey had a question about the zero lot line widths. If the south portion is intended to be the
narrowest, is it not possible to swap out the wider ones that would give them more single story and move
the double story to another.
Carol also asked about the fill in the lakes and construction of the Bonita Beach Road and why they
can't use that road for their truck traffic.
Joe Schmitt stated GL Homes has an agreement to build a wall on the western side of Logan Blvd.
along Longshore Lakes and contribute to a noise study or wall on the eastern side of Logan Blvd. on the
Olde Cypress side.
Hearing was closed for motion and discussion.
Mr. Strain moved to make a recommendation of approval for petition PUDZ-2003-AR-4528
subject to the conditions of approval that have been incorporated into the PUD Documents as
otherwise described in the ordinance of adoption of exhibits there to with the following seven
stipulations:
1. Clarification of the fence deviation where references 35 feet is only at the entry way.
2. Correction to the language 5.2.8.5 in regards to the termination of uses in the
preserve.
3. A revised landscape berm shall be built as presented today not what is in their
packet.
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February 19,2004
4. Notes to the development standard table #4 - add the word "door" after "garage".
5. That the $500,000 of commitment to improvements on 846 (Oaks Blvd.) can be
recommended to be used between - for improvements on Logan Blvd. between Vanderbilt road
and 846.
6. Allow the buffer that is being built, using some of Olde Cypress' property and some
of the Terafina property to quality for that portion that is in the Olde Cypress property as the
Olde Cypress' commitment to build their buffer.
7. At the south property line that fronts Olde Cypress to be used detached zero lot line
and single family homes only.
Second by Mr. Schiffer. Carried unanimously 7-0.
E. PUDZ-2003-AR-3764 - Michael R. Fernandez, of Planning Development, Inc.,
representing John J. Nevins, for the St. John the Evangelist Catholic Church, requesting a
rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit
Development CFPUD, for a 14.89+/- acre project known as St. John the Evangelist PUD.
The applicant is amending the schedule of uses by deleting the Adult Assisted Living
Facility use and changing the status of several other uses from principal uses to accessory
uses. The property is located at 625 I11th A venue North, Collier County, FL.
Disclosures - none.
All those testifying were sworn in by Mr. Budd.
PETITIONER
Mr. Fernandez stated this item was before the Planning Commission on January 15th with testimony
and they had recommended unanimously approval. Unfortunately the signage was not placed on the site
in a timely manner, thus the purpose of returning. Mr. Fernandez also stated he is the ultimate person
responsible for the placement of the signs.
STAFF
Kay Deselem - Principal Planner for Zoning and Land Development Review - her full presentation
of the staff report had been made at the previous meeting and the Planning Commission has the
supplemental staff report accompanying it. She recommends approval of the PUD Document and
recommendation remains the same.
Hearing was closed for motion and discussion.
It is appropriate for Mr. Schiffer to vote seeing he reviewed the previous package.
Mr. Strain moved to recommend they re-approve PUDZ-2003-AR-3764. Second by Mr. Murray.
Carried unanimously 7-0.
9. Old Business:
12
Febl.PJ 2~
. Joint Meeting with the Board of County Commissioners has been scheduled for April
20, 2004.
. Meeting that evening at 5:05 PM is minimal and recommended Mr. Midney didn't
have to attend if there is going to be a quorum.
. The Amendment they will be addressing is on Beach Renourishment, 3.13.8.3.
Discussion followed on other issues that may be addressed.
. Mr. Richardson wanted to remind everyone concerning the traffic congestion on the
roadways. He reinforced that they have Growth Management Cycle and Land
Development Code Cycle in which they agreed, (reluctantly on his part), to leave out
two months worth of traffic measurements on Level of Service standards. When they
first proposed it, they stated they needed some relief; otherwise they would go into
some moratorium on some building projects because the levels of service on the
roadways were in failure condition. They agreed to leave those two months out for
one year period. By leaving those out they were able to squeak those roadways into a
level "D", which was considered acceptable by the Board of County Commissioners.
When it came back this last time, he raised the question that now they have a new
system, and will take care of concurrency and brought back to the two years, etc.,
doesn't it now mean they can go back to the legitimate 12 month level of service
rather than leaving out the 150 hours for those two months that they are not looking at
in order to determine whether their networks are adequately sized. When it comes up
again, he wanted everyone to remember the congestion they are going through now
and can be repaired or remedied in the direction of going back to truth in advertising
in terms of measurements for their level of service.
10. New Business: None
11. Public Comment Item: None
12. Discussion of Addenda: None
*****
There being no further business for the good of the County, the meeting was adjourned by order
of the Chair at 11 :30 PM.
COLLIER COUNTY PLANNING COMMISSION
Chairman Mr. Russell Bud
13
c/
February 19, Job fl'!
. ' :;7TRANSCRIPT OF THE MEETING OF THE COLLIER
~:::s. = ~ / -= COUNTY PLANNING COMMISSION RECENEO
~~~:ng= V' -= . ,\~Af. ~'.Il 2001+
Coletta _ Naples, Flonda, February 19, 2004~O'-\~ ,)1:' !)\Jl1lJ (()mm'$~IOners
LET IT BE REMEMBERED, that the Collier County Planning Commission
in and for the County of Collier, having conducted business herein, met on
this date at 5:05 for a SPECIAL WORKSHOP at the Board of Collier
County Commissioners' meeting room, Administration Building, County
Government Center, 3301 Tamiami Trail East, Naples, Florida with the
following members present:
CHAIRMAN:
Russell Budd
Brad Schiffer
Robert Murray
Lindsey Adelstein
Mark Strain
Dwight Richardson
Ken Abernathy
Paul Midney, Absent
George Evans, Absent
ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental
Services
Ray Bellows, Planning Services
Marjorie Student, Assistant County Attorney
Patrick White, Assistant County. Attorney
,~l~Ll
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Page 1
February 19106 , 1
I. Call to order by Mr. Budd
II. Pledge of Allegiance
III. Roll Call
IV. Mr. Schmitt provided staff report regarding CCSL Variance
Beach renourishment
Ordinance requires that if the beach is to be renourished that you have to
come back in and ask for a variance. Staff found this to be somewhat
superfluous because the public hearing process through the corp of
engineers, in addition to state approval is still required.
The Board has already seen and approved the variance through a budget
amendment process in awarding the contract.
Staff rewrote the ordinance- specifically on page 7 which states that beach
renourishment and maintenance dredging would be a permitted process.
All of the other renditions in regard to permitted activities for beach access
facilities has been removed at the direction of the BCC which was
presented at the 2/11 LDC hearing.
This is out of cycle because it went to the BCC first and is coming back to
the CCPe. It will go back to the BCC for final hearing on 2/24 at 1 :00 as
a special item on the agenda.
Reference to a few scrivener errors for LDC Section: Division 3.13
Coastal Construction Setback Line Variance:
1. Page 7 of 8: Section 3.13.8.3 now reads as follows:
Beach Nourishment or maintenance dredging. Certain activities that may
temporarily alter ground elevations such as artificial beach nourishment
projects, excavation or maintenance dredging of inlet channels may be
permitted seaward of the coastal construction setback line if said activity
is in compliance with the Collier GMP and receives Federal and state
agency approvals. Until such time as the fee schedule can be amended,
the fee shall be $400.00 for these beach nourishment permits.
2. Page 8 of 8: Section 3.13.9.3: "Third or more violation" ("more" has
been struck and now reads: Third violation.
Mr. Schmitt indicated that when the CCSL variance was presented on 2/11 to
the BCC that it was not presented, by staff, as succinctly as it could have been.
There is now a clearer intent as to what the code's purpose is.
Mr. Strain asked if this part of the LDC can be addressed more thoroughly in
the future.
Ms. Student agreed that it would be appropriate.
No registered speakers.
Mr. White reviewed the affidavit of publication regarding today's hearing and
found it to be legally sufficient. Also requested that it be indicated in the
motion that the CCPC request to hear these provisions only one time.
Page 2
February 19\O~ , 1
Mr. Strain made a motion to recommend approval for LDC3: 156-158.2,
division 3.3, CCSL variance to find it consistent with the GMP and to be
heard only time by this board with recommendation to add for further review
at a full LDC cycle.
Mr. Schmitt indicated that the topic will be revisited within one year. The next
cycle is devoted to reconfiguring the LDC and will be introduced in the
second cycle.
Mr. Adelstein seconded the motion.
Motion carries 7:0.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 5:15 PM.
Collier County Planning Commission
Russell Budd, Chairman
Page 3
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RECEIVE.D
MAR 1 7 200~
~oard of ~ount~ Commissioners
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MEMORANDUM
DATE: March 18,2004
TO: Board of County Commissioners
FROM: Pat Lehnhard, Administrative Assistant, OMB
SUBJECT: Productivity Committee Meeting Minutes
Enclosed for your information and tiles are the Productivity Committee's Regular Meeting
minutes of February 18, 2004.
Please do not hesitate to contact me at 774-8973, or Debbie Wight at 774-8383, should you have
any questions.
c: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Pat Blaney, Director, Internal Audit, Clerk of Courts
Mike Smykowski, Budget Director
Jeremy Giles, EDC
L'\~:,~..:.~> CUi res:
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
O(jle:~~
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16'1
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - February 18, 2004; 2:00 p.m.
Members Present: Joe Swaja, Al Kozel, Janet Vasey, Dex Groose, Stan Farnham, Helen Philbin, Rob
Dowling, and Celia Fellows
Members Absent (Excused): Syd Blum
Members Absent (Unexcused): Steve Harrison
BCC Liaison: Commissioner Fred Coyle
Staff Present: Jim Mudd, County Manager; Mike Smykowski, Director Office of Management &
Budget; Denny Baker, Director Financial Administration & Housing; Amy Patterson, Impact Fee
Coordinator; Tom Wides, Public Utilities Fiscal Operations Director; George Yilmaz, Solid Waste
Director, Winona Stone, Assistant to the County Manager; Debbie Wight, Assistant to the County
Manager; and Pat Lehnhard, Administrative Assistant OMB
Also present: Bob Krazowski of Zero Waste Collier; Bill McCanna and John Leach, members of the
Grey Oaks Government Affairs Committee; and Jim Homer, former Productivity Committee member
I. Introduction:
A. A quorum being present, Joe Swaja, Chair, called the meeting to order at 2:00 p.m. Helen Philbin
and Rob Dowling were welcomed as new members of the Productivity Committee.
B. The January 21,2004, minutes, as presented, were unanimously approved.
II. Old Business:
A. Election of Chair and Vice Chair - Dex Groose made a motion that Joe Swaja be elected Chair;
Janet Vasey seconded; motion carried unanimously. Janet Vasey made a motion that Dex
Groose be elected Vice-Chair; Stan Farnham seconded; motion carried unanimously.
B. Update on Solid Waste Alternatives -- For the benefit of new members, George Yilmaz, Solid
Waste Director, gave an overview on the Solid Waste program to date. At this time, the County
is looking into business recycling and making recycling more convenient for businesses to
participate. Solid Waste has been working with the Naples Chamber of Commerce on ways to
improve service for businesses in order to encourage more recycling.
There is a pilot program in lmmokalee of electronics picked up at curbside. This is being done
in order to determine if the program would be feasible countywide.
The question, "How do we compare to Lee County?" was asked. George advised that
benchmarking is under way. Purely on a tonnage basis, Lee County is higher because a lot of
items go through incineration. Our benchmarks are not figured in the same manner.
Page 1 of4
16'1
The question, "Do we pay any overtime for Waste Management pickups on Saturdays and days
when there is collection for recyclables and collection for trash?" George advised our contract
with Waste Management is based on performance. Service is at a fixed rate being performance
oriented.
Janet Vasey asked if our landfill is looking good for the future. George said it is. The County
has fixed what was wrong in the past. Preventative measures have been undertaken. The gun
range mediation is one example. Capacity is good for 20 years plus or minus 2 years. George
advised the Immokalee Landfill is full and has closed. That waste is being diverted to the Naples
Landfill.
George thanked Zero Waste Collier for their input. He advised Zero Waste's concept is also
being included in alternatives the County is considering.
A Solid Waste Rate Study is being conducted to determine how best to structure rates. Tom
Wides, Fiscal Operations Director, advised it will be ready for discussion in a couple more
months. Master plans for water and wastewater are nearing completion. Per Productivity
Committee's request, any exceptions to the previous study approved by the Committee, which
will have a significant fiscal impact, will be brought to the Committee sometime in April. The
study will go to the Board of Commissioners in May.
After asking for permission to speak, Bob Krazowski of Zero Waste Collier said he felt it was
the Commissions responsibility to make sure every aspect of recycling is made public. Over the
past two years, Solid Waste has spent $1.3 million on studies that Mr. Krazowski feels staff
could have done themselves. He feels money is being wasted by hiring outside firms for these
studies.
C. Impact Fee Studies and Updates-
(1) Government Buildings - Amy Patterson, Impact Fee Coordinator, advised that when this
study was presented to the Board of County Commissioners February 4,2004, they asked
that more work be done on the study to make it more understandable. It is scheduled to go
back to the Board March 9,2004.
The differences are not based on the methodology, but whether or not the Board is going to
go in the direction of using this impact fee. The consultant will be meeting with each
Commissioner on March 8.
The Productivity Committee has previously agreed on the methodology of these impact fees.
It was agreed to go on record that they fully support enactment of the fee. It will cost less by
doing it now. The Productivity Committee believes growth should pay for growth through
impact fees and not through property taxes. A motion was made by Janet Vasey that the
Productivity Committee strongly supports the Government Buildings Impact Fee. Motion
was seconded by Stan Farnham, and was unanimously approved. -+ The Chair will draft a
letter to the Commissioners.
(2) Final discussion on Librarv Impact Fee Study - Amy presented the Library Facilities Impact
Fee Update Study, a copy of which is made a part of these minutes. She also provided a list
of questions submitted by Janet Vasey and the answers provided by the consultant, a copy of
which is attached. Janet said the study looks good. She suggested that when the Annual
Page 2 of4
1611
Update and Inventory Report (AUIR) is done, that the level of service standard (LOS) be
increased. A motion was made and seconded that the Productivity Committee support the
Library Impact Fee Study, and was unanimously approved. ~The Chair will draft a letter
to the Commissioners.
(3) Correctional Facilities Impact Fee Study - Amy distributed a review draft of the Correctional
Facilities Impact Fee Study prepared by Henderson, Young & Company, and a draft ofthe
revenue projections. Both of these items are attached to these minutes.
Amy advised that Randy Young of Henderson, Young & Company, will be attending the
Productivity Committee's March meeting to discuss the Correctional Facilities, Law
Enforcement and Fire Protection Impact Fee studies being conducted by their firm.
The question, "How are these studies paid for?" was asked. Amy advised that the Impact Fee
Trust Fund pays for these studies, as well as for part of her salary.
D. Update on Revenue Commission's Recommendations - Janet Vasey is the Productivity
Committee's representative for the Revenue Commission. Janet advised the Commission was
asked to look into the recommendation of a franchise fee of 5.9% being applied to electric bills
to be used for beach and boat access, storm water drainage, landscaping for major arterials and
burying of power lines. The Commission feels there are alternative resources to a franchise fee,
and voted no on implementing this. The Commission's recommendations were:
Beach and Boat Access - Combination of using TDC funding plus impact fees for beach and
boat access, which could be incorporated into Parks & Recreation's impact fee, or made
separate.
Landscaping Current gas taxes, general fund and unincorporated general fund already fund
this, and the Commission felt this is the appropriate way to fund this.
Burving Cable Lines - It is the Commission's recommendation that if communities want lines
buried, they should pay for it.
Storm Water Management - The County has been funding this program at a low level ($3
million) in recent years. The Commission felt there should be (1) cost sharing by those who
directly benefit from the project, (2) funding should be incrementally increased in future years,
and (3) the Stormwater Utility should be used as a mechanism to provide a dedicated funding
source so the county could apply for state and federal grants.
III. New Business:
A. County Manager Jim Mudd - Mr. Mudd, County Manager, presented and reviewed the Proposed
FY 05 Budget Policy Items, a copy of which is made a part of these minutes. He would like the
Productivity Committee to take a look at the budget guidance and let him know their
recommendations.
Mr. Mudd also distributed a list of items he would like the Productivity Committee to consider
including in their FY 04 Work Plan, a copy of which is attached to these minutes.
Page 3 of4
16, 1
Mr. Mudd thanked the Productivity Committee for their work and explained how important their
input is to the County. Along with the Planning Commission, the Productivity Committee is
among the top of the list of the Board's 54 advisory committees as far as active involvement,
volume of output, and impact to the County.
After some discussion, Stan Farnham made a motion to support the Budget Policy as presented
and to place the work plan on the March Productivity Committee Meeting Agenda. Motion
seconded by Janet Vasey, and unanimously approved. ~The Chair will draft a letter to Mr.
Mudd advising of the PC's support of the Budget Policy as presented.
B. Review FY 04 Work Plan - Work plan discussion was postponed to the March meeting.
IV. Comments/Su2:2:estions - Bill McCanna and John Leach of the Grey Oaks Government Affairs
Committee asked if they could address the Committee regarding the Golden Gate! Airport Pulling Road
Intersection. They presented their short and long-term solution to the traffic congestion at Golden Gate
Parkway and Airport Pulling Road, a copy of which is attached to these minutes.
Since this item had not been included in the agenda advertised for the meeting, the Productivity
Committee is unable to act on this item. It was agreed that the Golden Gate! Airport Road Overpass
Subcommittee would schedule a meeting at a later date with Mr. McCanna, Mr. Leach and Norman
Feder, Transportation Administrator, to discuss their recommendations further.
Next Meetin2:: The next meeting of the Productivity Committee is scheduled for Wednesday, March
17,2004,2:00 p.m. in the County Manager's front conference room, 2nd floor ofthe W. Harmon Turner
Building (Building F, Administration Building).
Meeting adjourned at 5 :25 p.m.
Page 4 of4
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Board of County Commissl'~
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Memorandum
To:
Sue Filson, Executive Manager - Board of County Commissioners
From:
Maria Bernal, Executive Assistant - Tourism Department ~\?
Date:
March 17, 2004
Subject:
COASTAL ADVISORY COMMITTEE MINUTES - FEBRUARY 12, 2004
Attached are the February 12, 2004 Minutes which were approved by the Coastal Advisory
Committee on March 11, 2004.
Attachment
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To:
February 1,6411
COLLIER COUNTY COASTAL ADVISORY COMMITTEE
Naples, Florida, February 12,2004
LET IT BE REMEMBERED, that the Collier County Coastal Advisory
Committee in and for the County of Collier, having conducted business
herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F"
third floor, BOARD OF COUNTY COMMISIONERS BOARDROOM, of
the Government Complex, 3301 East Tamiami Trail, Naples, Florida with
the following members present:
David Roellig, Vice Chair
Anthony Pires
James Snediker
Bedford Biles
William Kroeschell
Mr. Pennington
John Arceri
..,.....;ff"
Also Present:
Maria Bernal
Ron Hovell
1
1
FebmJ2~J 1
1. Call to Order
a. 1 :34pm
2. Roll Call
3. Additions to A2enda
a. Introduce Maria Bemal- working in the tourism department
4. New Business
a. Approval of minute of January 8, 2004
1. Discussion on the use of the term ''transcription''
11. The transcription was not detailed for ease of comprehension for
those not attending.
b. 10 Year Spending Plan "TDC CATEGARY "A" BUDGET
PROJECTIONS" (worksheet) reference)
1. Pennington had met with others having a discussion about this, he
is not in agreement with the number for 2004 and they should be
adjusted in agreement with the original discussion.
11. Move to amend budget; Vanderbilt parking garage should be
bonded and the beach park facilities budget be brought back into
the agreed 2 million dollars and also incorporate the beach re-
nourishment.
111. Some ofthese figures from this worksheet are carried forward
from prior year commitments in various stages of execution.
IV. For clarification a worksheet with a distinction of new
appropriated funds and prior year commitments would assist in
budgeting.
v. Previous motion moved to vote, passed unanimously
VI. Have a subcommittee do a recommended budget. Have someone
from County Finance assist with the project.
2
2
February J2~ 11
vn. Some scenarios where run through the excel work sheet to
demonstrate the budget possibilities.
Vl11. Included in this worksheet is also a -5% estimated revenue and
possible reimbursements.
IX. Sub-Committee established:
_ Mr. Pennington, Mr. Arceri, and Mr. Roellig
1. The three members will email Ron on their availability for
meeting times.
-Speaker: Dick Lydon
Questioned about payment of 2004 taxes, along with the 2 million dollars and
the adjustment for inflation. Commendations were given.
c. Engineering Services for Wiggins Pass Annual Monitoring
1. Wiggins Pass Annual Monitoring is required each year, last year it
was bypassed by the post construction report that was utilized and
accepted by the State.
n. Annual monitoring is usually performed in May, it is being
brought forth now in order to get the recommendation and issue
the work order to commence with the necessary procedures in a
timely manner.
111. Moved for approval with a unanimous vote.
-Speaker: Dick Lydon
Addressed a rumor of an ethical nature dealing with Mr. Humiston that he did
not agree with.
d. Coastal Advisory Committee Candidates for Vacancy
1. This position is in replacement of Jack Strapponi. Requirements
for the position were reviewed along with a review of each
candidate and individuals comments. Graham Ginsberg has more
of a technical back ground and is interested in beach access. Rob
Dowling does not have as much of the technical background but
has the understanding of the importance of the beaches being a
realtor and is an advocate for beach renourishment.
.3
3
February 121l~ 11
11. Vote was called for Rob Dowling to be elected- vote was
unammous
5. Old Business
a. Hideaway Beach Renourishment Update
1. Erosion Control Line
1. A power point presentation was given by Mr. Humiston
from Humsiston & Moore Engineers (reference
presentation)
11. Requests For Additional Information
Discussion:
-The way the shoals are moving on the shore, there is a possibility of a natural
influx of sand moving on shore. How much or when is unpredictable, a change in
plans is therefore not recommended at this time.
-The permitting process could take up to 3-5 months, best case scenario 90 days.
-One contractor will take care of the entire project.
-Once the permits are in place then the next step can take place with the
preparation ofthe construction specifications as well as the detailed construction
cost estimated plans.
-A scope and proposal have been provided but a work order has not been given
for the second faze ofthis project.
Speaker: Graham Ginsberg
Displayed pictures
111. Purchasing Strategy
1. Two step selection process- Get a list of initial interested
firms, have a prequalification check, and solicit only those
firms that have passed the check. A selection committee
would be needed for this processes.
2. It is the goal to have the contractor mobile around
November, or September. In order for this to be done a
July award for permitting should be targeted. The funds
would need to be awarded this year in order for the project
4
4
FebmJJ~oL 1
to move forward this year. Feasibly for success of the
project there can't be two contracts with two separate
selection processes, and award the funds at two separate
times. If two separate contractors are used the timing could
be off along with the problem of working out the proper
timing of the natural erosion of sand.
3. A five person selection committee with one CAC member (
Jim Snediker) along with Ron Hovell, two others outside
ofthe department, and a purchasing agent.
4. Discussion on sponsorship definition and description.
Certain areas can sponsor the portion that is within their
boundaries if they so desire.
b. County / City of Naples Beach Renourishment Update
1. Purchasing Strategy
1. The figure of 9 million dollars was the starting number
from 2 years ago since then more beaches have been added,
therefore the cost estimate is now 17 million dollars. This
includes three fazes of one, two, and three (referencing
worksheet).
11. Public Information Program Phase 2
1. When this funding for education through the web site was
received by the Tourist Development counsel it was voted
5 to 0 to deny any funding. It was viewed as funding that
could be better spent. Returning with a presentation to
demonstrate the importance of educating the public and
others on all of the on going projects was advised. This is a
good tool for the Hotels that will be directly affected by
these projects. The City might also benefit from working
together on this web site education. David Roellig
volunteered to go the TDC meeting on Monday the 23rd to
give the proposal of scaling back the meeting amOl;mts
~
5
February 12, loof> 11
down to only 4 meetings instead of 9 in order to decrease
the expenditures.
111. Engineering Services Proposals
1. There are three proposals: "Final Design, Plans and
Specifications", "8th Annual Monitoring Report and
Survey", "Borrow Area N5 and Pipeline Corridor Marine
Resources Investigations"
2. The cost of aerial photography might not be necessary
since the County already does this.
3. Motion to have County staff are to conclude negotiations
and issue a work order not to exceed initial proposal for
"Final Design, Plans and Specifications". All voted and
unanimously passed
4. For page 23 the date needs to be switched from July 2002
to 2003.
5. Motion to pass"8th Annual Monitoring report and Survey"
V oted on and unanimously passed with changes.
6. On page 47 there is a typo. Faze one and faze two can be
ongoing simultaneously. It has to be Horizon way at the
end ofR52. On page 60 next to the last paragraph the
southern limit of the project is set at R-88 it is suggested to
be R-80. The first paragraph on page 60 states "Since
Clam Pass is predominately closed", it is open.
7. Request to have comments to be incorporated for the
"Borrow Area N 5 and Pipeline Corridor Marine Resources
Investigations"
c. Review of Recommendations made on January 8,2004
i. Discussion of size of grain of sand and color
6. Audience Participation
a. None
7. Committee Member Comments
6
6
--.,...-.--."..,.,.,-..-----..------....
February 12J20Q , 1
a. Commendations for Maria Bernal
8. Schedule next meetin2
a. Next Meeting is scheduled for March 11th 1:30 in BCC Boardroom.
9. Adiournment
*****
There being no further business for the good ofthe County, the meeting was adjourned
by order to the Vice Chair at 5:30 pm.
Collier County Coastal Advisory Council
Vice Chairperson, Mr. David Roellig
7
7
\ ENVIRONMENTAL ADVISORY COUNCIL
Fiala .-.:l_.-_'"~.d_'" AGENDA
HalaS ---'-<<~ April 7, 2004
He"'1'\\09-..:7;:-----= 9:00 A.M.
CO'1\e:t~.- -
Coletta -"" .- Commission Boardroom
w. Harmon Turner Building (Building "F") - Third Floor MAR 2 3
16 J 1
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I. Roll Call
II. Approval of Agenda
III. Approval of March 3, 2004 Meeting Minutes
IV. Land Use Petitions
A. Planned Unit Development No. PUDZ-2003-AR-4674
"Collier Regional Medical Center PUD"
Section 23, Township 50 South, Range 26 East
V. Old Business
VI. New Business
A. Update on business recycling requirements
B. Artificial Reef Presentation - Doug Suitor
C. GMP glitch cycle presentation (material to be delivered separately)
D. Matt Fisher of EarthMark-own Mitigation Banks - request for presentation
VII. Council Member Comments
VIII. Public Comments
IX. Adjournment
.................**...................................*.........*************.*****************.********
General Public: 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
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based.
L.::" em Ie,,:
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TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, March 3, 2004
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in
Building "F of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Thomas Sansbury
Alexandra Ellis" Allie"
Ed Carlson
Alfred Gat
William Hughes
Ken Humiston
Erica Lynne (Excused)
Michael Sorrell
Joseph Gammons
ALSO PRESENT: Steven Lenberger, Environmental Specialist
Marjorie Student, Assistant County Attorney
Barbara Burgeson, Environmental Specialist
.....;.
1 6 ~11arch 3, 2004
1. Meeting was called to order byVice Chairman Alexandra Ellis at 9:05 AM.
Roll Call was taken - a quorum was established.
(Mr. Sansbury arrived at 9:07 AM)
II. Approval of Agenda:
A presentation of the Collier County Exotic Program Update was added under
Business" after the Land Use Petition.
"New
III. Approval of February 4, 200'" Meeting Minutes:
Add Joe Gammons name to the last meeting. Being no other changes it was moved by
Mr. Carlson to approve the minutes of February 4, 2004 as amended. Second by Mr.
Gammons. Carried unanimously 9-0.
IV. Land Use Petitions:
A. Site Development Plan Amendment No. SDPA-2003-AR-5014
"South County Water Reclamation Facility" Section 20,
Township 50 South, Range
26 East.
PETITIONER- Mike Clough - Hole Montes, representing South County
Reclamation Facility
(Did not gct beginning of convcrsation as microphonc was not turned on)
Water
Mr. Clough gave the location on the map submitted with the subjcct property bcing north of
US 41 East. south of St. Andrcws Way, and East of Warren Strcet. The subject propcrty
is thc site of an cxisting wastewater treatment facility. The SDP Amendmcnt proposes rclocation
of the entrance road approved by the original SDP, additional stormwater retention and wetland
mitigation.
Several alternatives were looked at. He showcd on thc map location of three alternatives. The
onc they arc proposing is the least costly and lcast amount of mitigation and impact to the
wetlands. They havc made a conservation eascment on the site. It excludes thc areas proposing
for the cqualization tank and the eascmcnt road.
With the approval of the Committce they will move forward with the two facilities.
Discussion followed on excess reclaimed watcr that cannot be used for bcncficial purposes and
for deep aquifer discharging water on the wetlands and thc eco system.
They will take out the asphalt of the abandoned roadway and sod it. Native vegetation and/or
native upland species are also an option. They are planting many plants from the exotics that
have been removed. They have an extensive program of replanting.
Mr. Clough addressed the safety concerns with trucks turning out onto Wallflower Way, and the
retention arcas.
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16111
March 3, 2004
Mr. Carlson moved to recommend the former roadway right-of-way be re-vegetated with
native upland vegetation. Second by Ms. Ellis.
. It was noted there wouldn't be any major costs to plant some upland tree species.
. Ms. Abbott _ Public Utilities Engineering stated Parks & Rec has some species and
plants that can be used at no cost.
. Storm water is used - not reused water.
. State Standards have to be met to be used on the golf courses.
. Existing well is on site and a second one will be put in.
. Using reclaimed water at the ponds and parks.
Disclosures - none.
Those testifying were sworn in by Marjorie Student.
The motion was carried unanimously 8-0.
V. Old Business: None
VI. New Business: Melissa Hennig - Environmental Services Dept.
Melissa gave a brief slide presentation on Exotics. Some of her remarks are as follows:
. Starting an Invasive Exotics Control Week - March 14-20.
. Plan to hold every year
. Increase public awareness
. Will hold two library presentations
. Will highlight Exotics on the County highlight show on different projects being
done throughout the County.
. Showed before and after pictures of exotic clearing
. Can be allergens and wind blow over hazards
. Can go to the Website or call for more information.
Mr. Sorrell asked about the number of species on the exotic list.
Ms. Hennig responded there are 12 on the prohibited (must remove) list and 22 species total. She listed
the species and will get an updated list for the Committee.
Discussion was held concerning developments needing to control the exotics, property adjoining a
property that has already cleared their exotics and contacting Code Enforcement concerning such
problems.
Mr. Hughes asked how effective the County has been with Brazilian Pepper and Melissa stated it has
been real effective _ especially Parks & Rec keeping it manageable. A maintenance plan is very
important.
They are releasing weevils and also an insect from Brazil to help control the exotics but being careful
not to introduce another exotic.
3
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March 3, 2004
1 611
Many of the Committee members gave examples and asked questions of situations they have
encountered with permits and fees.
Barbara Burgeson _ Sr. Environmental Specialist - noted they have no fees for the prohibited exotic
list up until the latest LDC Amendment. Since the Environmental Services Dept. has to be self-
sufficient for staff time and permits, they have changed the LDC and are now requiring permits for
mechanical removal of roots etc., and fees have gone up. There is a $250.00 minimum fee for permits
for vegetation removal.
Mr. Lenberger will get an updated list of the exotics for the Committee members when it has been
approved by the State.
VII. Council Member Comments:
. Appointments for Committee members - applications have been submitted two
weeks ago and going through Developmental Services for review at this time.
. There are two vacancies in which three applications have been submitted
. Ms. Ellis asked about the Recycling program and asked it be on the Agenda in the
future
. Mr. Sansbury asked about a presentation on the Artificial Reef Program
VIII. Public Comments: None
Marjorie Student asked that under "Old Business" let the record show at the last meeting they had
thrce individuals conflicting out on the re-review of the Coastal Construction Set-back LDC
Amendmcnt - Mr. Gal, Mr. Sansbury and Mr. Humiston because of a contlict.
*****
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 9:45 AM.
ENVIRONMENTAL ADVISORY COUNCIL
Chairman Thomas Sansbury
4
PARKS AND RECREATION 1611i
j ISORY BOARD MEETING 2:00 pm
J~, . s Naples Community Park- March 17,2004
<(\~~~c:,. ~ ~/
y..~e~~~ / CALL TO ORDER
c,o~ 0~'Q.
rp~ II. PLEDGE OF ALLEGIANCE
III. INVOCA nON
IV. APPROV AL OF MINUTES
V. AWARD-none
VI. NEW BUSINESS
A. MansionsN anderbilt Shores Beach Access
B. Financial Information - no insert
C. TDC Category "A" ApplicationslBudget
D. Schroen PropertyfHenderson Creek
E Mar Good Property/Good land no insert
VII. OLD BUSINESS - no inserts
A. Best Friends Park - park or undeveloped site
B. Little League Signage
C. Letter to BCC - consideration to be part of beach access site selection process
(Letter to be signed by each member)
VIII. SPECIFIC UPDATES
A. North Naples Regional Park
B. Goodland
C. Golden Gate Community Center
IX. REPORTSIUPDATES
A. Monthly Report
B. BCC Recaps
C. Grants
D. Special Event Calendar
E. Parks Update
F. Recreation Update
G. Adopt A Park
.,:~~. (.\:J,Tes:
X. MEETING SCHEDULE
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XI. MEMBERlADDDRESS LIST
To:
16, J
PARKS AND RECREATION ADVISORY BOARD MEETING
February 18,2004,2:00 pm
Veterans Community Park
Present: John Ribes
Ski Olesky
Chuch MacMahon
Frank Donohue
John MacDougall
Jeff Brown
Others: Marla Ramsey, Director
Murdo Smith, Beach & Water Supt.
John Veit, Parks Superintendent
Steve Whittier, Recreation Supt.
Barbara Johnson, Sr. Admin. Assist.
Others: Mr. and Mrs. Tim Pettay
I. Call to Order
II. Pledge of Allegiance
III. Invocation
IV. Approval of Minutes of January 21, 2004 meeting
V. No awards
Added under New Business:
E. Ten Year IDC Plan
F. TDC Policy
VI. New Business
A. Election of Officers:
MOTION made by Frank Donohue, seconded by John MacDougall and
approved unanimously to appoint John Ribes, Chairman, and Ski Olesky,
Vice-Chairman. A review of P ARAB's accomplishments for the last year will
be presented to the Commissioners on March 9th at 1 :00 pm.
B. Presentation: Tim Pettay, Little League
Tim Pettay, a Little League coach, requested that signs be allowed on the
Little League field fences at Starcher-Pettay Field. These vinyl signs would
be in the shape of a baseball, uniform in size, bear the sponsors/advertisers
name, and be tied on the field fences. The signs would be displayed during
the Little League season only and would be a way to help thank the sponsors
and raise money for the League.
1
1611
Although the County does not allow signage in their parks, the School Board,
City of Naples, and other counties do. The Land Development Code
regarding signage allows signs on fences, but County Ordinance 87-60 does
not allow advertising signs, temporary or permanent, in a public place,
including parks, boat ramps, playgrounds, libraries, and other County
governmental facilities unless authorized by the Board of Commissioners.
Questions raised by P ARAB members:
* P ARAB could recommend BCC change the Ordinance if so desired;
however, this is a County-wide ordinance and not specific to Parks and
Recreation
* Could signs be displayed only while a game was in progress?
Not feasible to put up and remove for each game.
* Would this start a precedent for other organizations and locations?
If do for one Little League, would have to do for other youth
organizations.
* Difference between Little League organizations in Lee and Collier
Counties:
Lee County - fields maintained by Little League.
Collier County - fields maintained and managed by the Parks and
Recreation Department even if located on a school site. There has
never been advertising in Collier parks; when Little League owned
their own property they could do what they wished.
* History - Starcher-Pettay Field was constructed by the Parks and
Recreation Department on school property in the 1970's and allowed
no signs on the fences. Several years later Little League requested
permission for posting signs and the request was denied; they then
went to the School Board and were granted permission. At the same
time, other organizations wanted to post signs and a decision was
made with the School Board to allow one large bulletin board to be
used for advertising. Starcher-Pettay Field does not have signage on
the fences at this time; the signs were removed because the School
Board cannot over-ride a County ordinance.
* The sponsors' name is on the back of each child's shirt, but it also
represents the name of the team.
* Reference was made to the difficulty of raising enough money to meet
the increased costs of Little League. Little League registration fees
have increased, the County charges $1.00 for each player, plus the
time used for the concession stand and the concession electrical bill.
The revenue generated from the concession stand is retained by Little
League.
MOTION by Chuck McMahon - we go forward to see what we can do to
allow tasteful signs for Little League. Seconded by Jeff Brown.
2
16, 1
Discussion: Who is going to investigate? Who grants special permission -
County Manager or Commissioners? One large banner listing all sponsors
may suffice.
AMENDED MOTION by Chuck McMahon, seconded by Jeff Brown. Look
into ways to be able to hang signs for Little League and bring back the
information next month.
MOTION WITHDRAWN. NEW MOTION by Chuck McMahon: Staff or
members of P ARAB look at the possibility of signs and bring back the
information next meeting. Seconded by Jeff Brown. Approved 4-2. The
issue will be discussed at the next P ARAB meeting.
C. Presentation by Gulf View Property Management Inc., - no one present.
D. Private Communities - Beach Access
TDC Category A Funding Process - this policy is now attached to the
backside of all applications for Category "A" funding. Each line item was
read - the bulk of the policy deals with beach re-nourishment and is not
applicable to the Parks and Recreation Department. "P ARAB and the Coastal
Advisory Committee will prepare and maintain a proposed prioritized annual
spending plan for the use of TDC Category "A" funds, with a ten year
projection." This will coincide with the budget cycle. PARAB will make
recommendations for approval, denial or modification to the BCC, via the
TDC, consistent with the BCC established policy for use of the funds. This
means that requests for the Department's maintained beach park facilities will
not be approved by the Coastal Advisory Committee, but by P ARAB.
One missing item that should be addressed is the eligibility of facilities in
relation to beach access. This policy does not say that P ARAB has any input
to that process. Perhaps the BCC should be notified that CAC should not be
making the decision on what is considered eligible for beach access using
Parks and Recreation allocated funds.
MOTION by Jeff Brown: Staffwill put forth a draft letter to BCC for
consideration of P ARAB to be part of the process of site selection for beach
access. Each P ARAB member can sign it. Seconded by John MacDougall.
Motion approved.
E. Master Plan - Ten Year Plan. The objective is to ensure the $2 million annual
allocation does not get whittle away by things that may arise, but is applied to
projects identified in the Ten Year Plan. P ARAB is requested to quantify the
Beach Access Plan so the Department may show there is a need for help with
obtaining access points.
3
1 6. ./'1'...
. :if l'
BEACHES - Total $54,600,000 acquisition; $29,675,000 development
(1) Included in the $5 million in refurbishments:
* Boardwalk, using plastic lumber or hard wood, at Seachase.
* Repaving the parking lot at Tigertail Beach
* Repaving the parking lot at South Marco Beach Access
* Re-decking the dune cross-over at Vanderbilt Beach and installing brick
pavers from the existing parking lot.
P ARAB will approve the actual applications at a later date. Applications
received by the City of Naples will be reviewed by P ARAB with the project
money being a portion ofthe allotted $2 million dollars; however, the beach
cleaning/maintenance costs will not be coming from this fund.
(2) Two lots on Gulf Shore Drive - $9,000,000 acquisition; $400,000
development. There are two lots on Gulf Shore Drive that would be desirable
for beach access. One is a vacant lot at a price of $6 million and the other lot
has a house on it with a price of $4-5 million. The house could be
demolished, or refurbished as a restroom for a drop-off location.
One item not included in the list is the Vanderbilt parking garage. This item
has already been approved for 3.8 million dollars, but will now cost
approximately 4.6 million. The Department feels that 3.8 should be sitting in
a reserve fund and not come from the allocation.
(3) - Shuttle parking - $5,000,000 acquisition; $1,200,000 development.
Attempting to find land on US 41 corridor.
(4) Pelican Bay Access - $3,500,000 development. The County owns 430
acres in Pelican Bay with beach front, but has no access road to it.
(5) Parking on Spinnaker Drive - Tigertail $3,000,000 acquisition; $300,000
development. Overflow parking for Tigertail - two of the originalS vacant
lots have already been sold.
(6) Parking by Da Ru Ma (Vanderbilt) $5,000,000 acquisition; $200,000
development. Empty lot in Vanderbilt - not sure of zoning at current time.
(7) Vanderbilt Inn $30,000,000 acquisition; $7,000,000 development
Vanderbilt Inn - has many issues.
(8) Vanderbilt Beach Road - ROW parking $2,000,000 acquisition; $250,000
development - possibility of expanding parking in the right of way on both
sides of street.
4
1 6 r 1
(9) Signature property by Cocohatchee $600,000 acquisition; $125,000
development - would be used for boaters and beach shuttling.
(10) Clam Pass Parking Garage $7,500,000 development
(11) Vanderbilt Parking Garage $4,200,000 development
Not listed is the Back Bay Pier into the Barefoot area because Wiggins Pass
Marina was going to serve that purpose. That site, Wiggins Pass Marina, was
rezoned last week.
BOAT RAMPS:
Total $41,800,000 in acquisition; $8,075,000 for development
Bayview - Eight requests for purchase of property in the vicinity were sent
out, but no one has agreed to sell. If more parking space were available, non-
boat owners could be shuttled to Keewaydin Island to enjoy the beach. The
$714,000 received from Heritage was to be used to purchase the Bayview lots.
Wiggins Pass Marina - $22 million for the purchase of this property for a boat
manna.
The time lines of this plan will not be effective unless some creative fmancing
takes place. If some of these access properties are to be purchased, it should
be accomplished as soon as possible; they may not be available in the future
and the price may be prohibitive. A 50 million dollar property acquisition
plan can be put together and taken to a referendum, or the two million dollar
amount could be bonded over the years. The Department should be as
aggressive as possible with the plan, budget, and some type of bonding issue.
A person with financial backgroundlknowledge will be obtained to attend the
next P ARAB meeting to explain bonding, etc.
After discussion it was decided to keep Vanderbilt Beach Inn on the list.
The Department has been charged with setting up F oundationITrust for
donations by July. PARAB members will be advised of the next meeting to
be held in March.
MOTION by Jeff Brown: Accept the Proposed Beach and Boat Ramp Ten
Year Master Plan in its current form with the potential of change. Seconded
by Frank Donohue. This plan will probably be tweaked several times in the
next six months and then annually. Motion approved.
5
1. 6 , 1.
MOTION by Ski Olesky - Go forward with plans for the Vanderbilt Beach
Parking Garage using the 3.8 million dollars in reserve and, if necessary, tap
into the 2 million. Seconded by John MacDougall. Approved 6-0.
VII. OLD BUSINESS
A. Best Friends Park - The first two lots were purchased for $148,000 and there
is $165,000 available for development. Ifthese lots were sold the money
could probably be allocated to the parking garage.
A request was received from people in the neighborhood to hold a party -
picnic, barbeque - at Best Friends Park. A discussion was held whether or not
the site is a park or undeveloped land although there is a sign, paid for by
neighbors, on the property designating it as a park. If people wish to reserve
the location, the Department would have to charge for the time used per the
Fee Policy.
MOTION by Jeff Brown - Direct staff to identify if there is an existing
County policy of the public using non-developed County property. Seconded
by Frank MacDougall. Approved. (Request to be made to County Attorney's
office)
VIII. SPECIFIC UPDATES
A. North Naples Regional Park - building permits have been submitted, small
adjustments to be made to site plan, going to have effluent and backflow go
into wastewater line, half of the lake will be lined, IT has supplied specs for
the data room, can start construction before road is finished.
B. Goodland - this item going to BCC next Tuesday requesting direction - now
residents do not want a boat ramp at that location.
MOTION by Frank Donohue - write a letter endorsing Goodland Boat Park
to go to Commissioners. Recommended highly by P ARAB. Send e-mail in
advance - John Ribes will do this. Approved 5-0. (Jeff Brown left at 4:20).
C. Golden Gate Community Center - Opening week of March 20th, have not
received punch list yet.
IX, REPORTS
Special Events - volunteers are welcome for Country Jam. This year's event will
feature a chili cook-off and the Paul Bunyan Lumberjack Show. Sawyer Brown
will appear on Friday and Diamond Rio on Saturday. Wrist bands for the carnival
rides will be available.
6
1611 1
Class Program - Training is in process with the anticipation of going live in May
or June.
(Frank Donohue left).
Accreditation - making progress and the summer camp flyer has been distributed.
Chuck McMahon is running for re-election as Fire Commissioner and will be
required to resign from P ARAB until the election is over.
Next meeting will be at East Naples Community Park on March 17tl1. Meeting
adjourned at 4:45.
7
1611
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AGENDA
COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESER V AnON BOARD
WILL MEET AT 8:30 AM, WEDNESDAY, MARCH 17,2004 AT THE COLLIER
COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE
ROOM "E", LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA:
NOTE:
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 MATERIAL USED IN PRESENT A nONS BEFORE THE HAPB WILL
BECOME A PERMANENT P ART OF THE RECORD. THESE
MATERIALS WILL BE A V AILABLE FOR PRESENT AnON TO THE
BOARD OF COUNTY COMMiSSIONERS.
I. ROLL CALLI ATTENDANCE:
2. ADDENDA TO THE AGENDA:
3. APPROV AL OF MINUTES: February 18,2004
4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT:
5. OLD BUSINESS:
A. Terry Brennen (FGCU-TV) Letter Of Support
B. Historic Preservation Guide (Revisions)
6. NEW BUSINESS:
A.
S.
e.
Ava Maria University Plans
Ethics Coverage Information
New Member Status
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7. DISCUSSION OF ADDENDA
8.
ADJOURN
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161
1
Development Services Advisory Committee
Development Services Center
2800 North Horseshoe Drive
Conference Room 61 0
8:30 A.M. February 18, 2004
LET IT BE REMEMBERED, that the Collier County Historical I Archaeological Preservation
Board, in and for the County of Collier, having conducted business herein, met on this date at
8:30 p.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Conference Room E,
Naples, Florida, with the following members present:
Present:
Adam Brooks
Ray Bellows
John Thompson
William Tyson
William Dempsey
Absent:
Jo Ann Quinn
Thomas Franchino
Diane Gonzalez
1611.qy~
The Collier County Historical I Archaeological Preservation Board meeting was called to order
by Adam Brooks, February 19, 2004 at 8:45 a.m.
I. ROLL CALL I ATTENDANCE
Roll was called and a quorum was established.
Present: Adam Brooks, Ray Bellows, John Thompson, William Tyson, and
William Dempsey
Absent: Jo Ann Quinn, Thomas Franchino, and Diane Gonzalez
II. ADDENDA TO THE AGENDA
Calusa Fest, Ave Maria University, and attendance rules
III. APPROVAL OF MINUTES: January 21,2004
Meeting Minutes for January 21, 2004 were approved.
IV. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT
There is new conference room in the new wing. The Historical I Archaeological
Preservation Board will be meeting there within the next month or two. The conference
room designations will be on the next agenda.
V. OLD BUSINESS:
A. Terry Brennen (FGCU-TV) Letter Of Support
Per a message from Jo Ann to Ray Bellows: Jo Ann has finished the letter and will
send it to Mr. Bellows. It appears to be ready to be mailed before the next meeting.
This letter will be on letterhead with the preservation logo on it and sent to Terry
Brennen. Hopefully the Historical I Archaeological Preservation Board will be more
involved. This is much that can be done with the appropriate time allowed.
B. North Naples Country Club (Update)
The North Naples Country Club was supposed to provide a report with additional
justifications. Brad Schaeffer, Architect and member of the Collier County Planning
Board, has indicated that he would attempt to provide the revised information to Mr.
Bellows for this meeting and has not. The North Naples Country Club has made a new
" /
161"'1
sign that is no longer neon. John Thompson stated that he had driven by North Naples
Country Club one day and that it appeared that a piece of the siding had been
removed, and new batten board siding had replaced it.
C. Historic Preservation Guide (Revision)
Chris was not available for this meeting. He was to supposed to make some revisions
that Ron Jemro had requested and has not gotten to it yet. John Thompson stated that
the last set of minutes stated that the Historical! Archaeological Preservation Board
had approved it.
VI. NEW BUSINESS
A. Immokalee Cemetery Grave Site
John Thompson has spoken to Johnson Engineering. This may have been something
that was thrown over the fence. If this is part of a cemetery that people didn't know
about, there is a major problem ahead. Ray Bellows believes that the agent working
on this is not familiar with this. There is a state law for when an unmarked burial is
found, the Sheriff, the Coroner, and the State Archaeologist need to notified. There is
a five thousand dollar fine and a one-year jail sentence for any party that does not
notify the parties listed above. This information has been relayed. Mr. Bellows will call
Bob Carr to find out if he is involved in this, if so what his findings are. Mr. Bellows will
notify the Historical! Archaeological Preservation Board of this information.
B. Calusa Fest
John Thompson informed the Historical! Archaeological Preservation Board that there
will be an Archaeology Day that is run for the State. This event will be March 2ih, at
the Collier County Museum. Randolph Whitman will be there. Mr. Whitman wrote a
book about the Calusa. Mr. Dolf will be speaking about the evolution of the Calusa,
twenty years later. John Worth will be speaking about finding the lost Calusas. There
were known of in 1753 or 1735 that asked the Spanish and requested to be taken to
Cuba. Mr. Worth is researching records in Cuba that have not been accessed for 200
years. Robin Brown, who has written a book for children about how to replicate things
that the Indians made, will be speaking briefly about the book and signing copies at
the event. The book is $9.95 and proceeds go to Randolph Research Center. John
Bario will be speaking about making shell tools. Corbin Torres will be speaking about
sites found on Fort Myers Beach. Five State Parks will have displays. The Friends of
the Museum are paying for the f1intmapper and a Calusa reenactment. Mr. Thompson
has asked that the model of the new museum be there as well. Mr. Thompson has
posted this event on the State's website. Florida Heritage Month starts March 15.
Because of this, the State's logo may be used on the correspondence. Mr. Bellows
invited the Historical! Archaeological Preservation Board to have a table at the event
to explain the preservation process.
16l.1
.~
C. Ave Maria
Adam Brooks attended a meeting the week before. There was a presentation from
Ave Maria Wilson Miller, the main planning consultant, and some of the architects.
This is moving very quickly. The university will be created first, to include the main
Chapel (old European Style) and surrounding support stores around it. The university
will be west of this, with 4-5 main buildings of Student Centered Dorms, classrooms,
all with a common architectural theme and integrated pedestrian paths. A canal will be
dug as a focal point. John Thompson expressed concern about filling in wetlands, or
exchanging higher areas. The higher areas are where the Indians lived. This may put
Archaeological sites in jeopardy. Mr. Brooks stated that this project requires an
Environmental Review that includes an archaeological review. This project is large
enough that it qualifies as Development of Regional Impact (DR I) and the State is
involved. During the above-mentioned meeting, the results from the required Survey
and Cultural assessment of the entire area composing the university site were not
available. The location of the university was explained. Concern was mentioned about
a historic fort (Fort Keys) in the area.
D. Attendance Rules
Ray Bellows felt that there was enough flexibility given to Diane Gonzalez. There was
no call received for this meeting. Mr. Bellows will send a letter stating that she does
not meet the qualifications for remaining on the board. The Manager's Office will be
asked to advertise.
VII. DISCUSSION OF ADDENDA
The next meeting will be March 1 ih, 2004 at 8:30a.m.
VIII. ADJOURN
There being no further business for the good of the County of Collier, the meeting was
adjourned at 9:20 a.m.
Historical! Archaeological Preservation Board
Chairperson (Adam Brooks)
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COLLIER COUNTY
March 2, 2004
Ms. Susan M. Harp
Certified Local Government (CLG) Coordinator
Bureau of Historic Preservation
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RE: Collier County Preservation Board Meeting
Dear Ms. Harp:
This letter is to inform you that the Collier County Historic and Archaeological Preservation Board
will hold a public hearing at . I have enclosed a copy of
the agenda for your review and records. The meeting that 'Will be held in Conference Room "E" at
the Community Development Services Building in Naples, Florida. In addition, I have also attached
the minutes from the February 18,2004, meeting for your files.
If you have any questions concerning these meetings, please do not hesitate to call me. My phone
number is (239) 403-2463 or you can e-mail meat:Raybellows@colliergov.net.
Sincerely,
R(!::l,. Chief Plwoe<
Historic Preservation Coordinator
Department of Zoning & Land Development Review
cc: Preservation Board Members (7)
Sue Filson
Joe Schmitt
Ron J amro
Susan Murray
Patrick \X!hite
Christopher Brown
Linda Bedtelyon
Fiala
Halas
Henning
Coyle
Coletta
Development Services Advisorv Sub-Committee
(Budget and Operations Sub-Committee)
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Conference Room 610
February 11 , 2004
3:00 p.m.
I. Election of Chairman
II. Approve Agenda
III. Approval of Minutes of September 10,2003
IV. Old Business
V. New Business
A. General Discussion on Responsibilities and Goals of Subcommittee
B. Building Department Performance Standards and Measurements
C. Building Department Feedback Mechanisms for Suggestions and Complaints
D. Update re Planning Department Performa(lce Standards and Measurement
E. Brief Discussion of Financial Reporting Needs and Current Financial Status of
Funds 113,131 and 310 - Gary Mullee
F. Sub Committee membership
G. General Discussion re Issues in 2004
VI. Next Meeting Date
VII. Adjournment
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16'11
Development Services Advisory Committee
Development Services Center
2800 North Horseshoe Drive
Conference Room 610
3:00 P.M. February 11,2004
LET IT BE REMEMBERED, that the Collier County Revenue Commission, in and for the
County of Collier, having conducted business herein, met on this date at 3 o'clock p.m.,
in REGULAR SESSION at 2800 North Horseshoe Drive, Conference Room 610,
Naples, Florida, with the following members present:
Members: William Varian
Peter Van Arsdale
Blair Foley
Dalas Disney
Charles Abbott
Collier County Staff: Sandra Lea, Administrative Assistant; Gary Mullee, Financial
Operations Manager
1611
The Collier County Development Services Advisory Committee meeting was called to order by
Peter Van Arsdale, Wednesday, February 11,2004 at 3:12 p.m.
I. Election of Chairman
Peter Van Arsdale was appointed Chairman
II. Approve Agenda
Agenda approved with the addition of New Business, item E, Brief Discussion of
Financial Reporting Needs and Current Financial Status of Funds 113, 131, and 310
- Gary Mullee; the subsequent items would move down.
III. Approval of Minutes of September 10, 2003
Minutes of September 10, 2003 approved.
IV. Old Business
No Old Business at this time.
V. New Business
A. General Discussion of Responsibilities and Goals of Subcommittee
16/1
The responsibilities are to control the efficiency of both Budget and Operations. It
was said that this item (V - A) runs into items B & C. The efficiency of staff was
again mentioned. This reflects to the clients. People need to be held accountable
for tasks. The slow speed of permitting was mentioned. There will be a
conversation with Susan. She will be invited to sit in on discussions, as she will
be fully involved in the future. Dalas Disney to have spreadsheet created and to
forward to Sandra Lea. The Goals for the committee were listed as to Improve
the efficiency of Operations and reduce the cost, Develop Departmental
Performance Standards and Measures, and to Develop Departmental Feedback /
Reports Standards and Measures.
B. Building Department Performance Standards and Measurements
C. Building Department Feedback Mechanisms for Suggestions and Complaints
D. Update re: Planning Department Performance Standards and Measurement
E. Brief Discussion of Financial Reporting Needs and Current Financial Status of
Funds 113,131, and 310 - Gary Mullee
Gary Mullee distributed Funds 131 and 113 Weekly Revenue Reports and briefly
discussed them.
The two departments, 113 and 131, were explained as budgets being down.
Concerns of increased staff with the turn around lengthened were expressed.
16 \ 1
F. Sub-Committee Membership
There was discussion about the possibility of inviting outside parties, with the set
limit of 7 in total, to address the concern of too many people. Sandra Lea to
create a notice that will be circulated.
G. General Discussion re: Issues in 2004
VI. Next Meeting Date
The next meeting will be March 10, 2004 at 3:00 p.m.
VII. Adjournment
There being no further business for the good of the County of Collier, the meeting was
adjourned by the order of the Chair at 4:30 p.m.
Development Services Advisory Committee, Budget and Operations Sub-Committee
Chairperson (Peter Van Arsdale)
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Dev ,10 ment Services Advisor Committee
Budget and Operations Sub-Committee
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Conference Room E
September 10, 2003
3:00 p.m.
I. Approve Agenda
II. Old Business
A. Budget Review
III. New Business
A. Building Department discussions on:
- Performance measurement standards for Building Department Plan
Review and Permitting.
- Express permit system that issues permits over the counter
- "Fast Track Permitting Program"
- Necessity of every mechanical permit, revision, correction to go
through fire plan review. Often fire review is not necessary.
- Permitting requirements being more demanding for commercial than
for residential
- Organizing Building Blocks so as to reference the applicable
section of the Building Code
- Faxing or e-mailing of permit review letters
- Subcontractors ability to fax in letters acknowledging that they
are to work on a job, like they do in Lee County.
- Process to address user suggestions and complaints. Possibly
run through subcommittee.
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1611
DEVELOPMENT SERVICES SUB-COMMITTEE
(Budget Operations Subcommittee)
Conference Room "E"
2800 North Horseshoe Drive, Naples, Florida
3:00 PM September 10, 2003
LET IT BE REMEMBERED, that the Development Services Sub-committee, in and
for the County of Collier, having conducted business herein, met on this date at 3:00
PM in REGULAR SESSION in Conference Room "E" of 2800 North Horseshoe
Drive, Naples, Florida, with the following members present:
Members:
Charley Abbott
Dalas Disney
Peter Van Arsdale
Robert Duane (left at 3:26 pm)
-Dino Longo had an excused absence.
Collier County Staff:
Mr. Schmitt (left at 3:40 pm), Ed Riley (left at 4:03 pm), Ed Perico, Denny
Baker, Gary Mullee, Maria E. Corzo
*Don Schneider, Alamar Smiley, Jim Turner, and Clyde Ammons (left at 3:55 pm)
16 I 1
-The meeting was called to order at -3:00 pm.
I. Approve Agenda
-Mr. Disney added "proposed fee changes".
-Mr. Van Arsdale stated that they would discuss New Business before Old Business. The
subcommittee agreed.
-Mr. Disney moved to approve the agenda as amended. It was seconded by Mr. Abbott.
All were in favor of the motion; the motion passed unanimously, 4-0.
II. New Business
A) Building Department discussions on:
*Performance measurement standards for Building Department, Plan Review, and
Permitting
*Express permit system that issues permits over the counter
-Mr. Van Arsdale asked about the commitments of time for each step in the permitting
process and the overall time that it takes
-Mr. Perieo informed him that single family homes are being turned around in -2 days
and commercial is -1 week. Mr. Schmitt noted that "on paper" the target is 14 days for
single family homes and 28 days for commercial and these numbers are being exceeded.
-Mr. Van Arsdale wanted to see a written "serviee commitment" and then measure the
performance standards against this commitment; a list that states all the times that the
service commitment was not met. Mr. V an Arsdale hopes that the county can get to the
point were they can walk in and do an "over the counter" type of service for permitting.
-Mr. Perieo replied that they are meeting the target turn-around timeframes and if needed,
he would have a staff member create a report that verifies that things are being expedited.
-Mr. Disney agreed with Mr. Perieo, that the turn-around times are better, but he also
thought that it was a good idea to have the times written down.
-Mr. Schmitt stated that these types of reports will be available when the new
management system is in place. (This could be up to one year away). Mr. Schmitt did
not see the turn-around times as a problem.
1611
-Mr. Van Arsdale clarified that he was asking for a "fundamental business report" that
showed "how they are doing". Mr. Disney felt that they have not had any problems, but
he would like a simple synopsis that identifies the timeframe for reviews, states how
many were within the timeframe, and how many were over the target timeframe. Mr.
Van Arsdale agreed with this. Mr. Baker stated that they would take a look at this. Mr.
Van Arsdale stated that they only needed to focus on the commercial.
*"Fast Track Permitting Program"
-Mr. Schmitt explained that fast-track is the EDC program. They are bringing back the
simultaneous review, which is "almost" a fast-track, and they do handle some of the
schools in a "special treatment" category.
-Mr. Schneider explained that they have developed a draft policy to operate the fast-track
program. They will use this policy for at least one year, so they can adjust the policy as
needed before it goes into the LDC. They are looking for time certains. Mr. Schneider
handed out a packet of information, which is intended to give the applicant as much
information as needed in the beginning, so the process moves along quickly and
efficiently. This packet is not complete and will be changing over time as new
information arises.
*Organizing Building Blocks so as to reference the applicable section of the Building
Code.
*Subcontractors ability to fax in letters acknowledging that they are to work
on a job, like they do in Lee County.
*Process to address user suggestions and complaints. Possibly run through
subcommittee.
-Mr. Van Arsdale asked what the process is to deal with ways of enhancing the system;
suggestion boxes. Mr. Perico replied that if it relates to the building code, then they can
reference the building section, but there are a number of items that are policy and
procedure for his department that do not have a code reference.
-Mr. Disney felt that if the things that were modify the building codes were gone, then
-99% of it is administrative now. Mr. Van Arsdale replied that a lot of times the building
blocks are references to interpretations of certain issues.
l611
-Mr. Perico noted that the Florida Building Code will "be no more" as of January 2005, it
will then be an international code.
-Mr. Abbott asked if the fire code would be part of the international code. Mr. Riley
informed him that there is no international fire code. Mr. Riley explained that they would
end up with the ICe building codes and Florida amendments. Mr. Abbott noted that if
there are Florida amendments, then the building blocks will be needed again.
-Mr. Van Arsdale asked how the subcommittee brings up issues to the staff; what the
suggestion process is. As an example, Mr. Van Arsdale asked how they would suggest
the faxing of the subcontractor letters. Mr. Perico replied that anything related to the
front desk can be discussed with himself or Alamar Smiley. Alamar Smiley added that
they are open to the faxing of the subcontractor letters and she is currently researching
this and they will be discussing it further in the future.
-Mr. Van Arsdale stated that this subcommittee could bring up suggestions as they arise
and discuss them at every meeting; this would be their "suggestion box". Everyone was
open to this idea.
*Necessity of every mechanical permit, revision, correction to go through fire plan
review. Often fire review is not necessary.
-Mr. Disney discussed an example where an applicant was stuck in the fire plan review
process for a sign that was non-combustible. He asked if this type of thing had been
corrected. Mr. Riley stated that state law 553 requires that anything that is commercial
must go through a fire plan review. He added that they have decided that the items they
feel does not need a review will go through Bob directly. Bob will then check to see if
the item needs a review and if it does not, they will mark the item Nt A. They will also
make a separate group of items that only need small reviews, Bob will then try to take
care of these separately.
*Permitting requirements being more demanding for commercial than for
residential.
-Mr. Perico stated that the commercial issues are more complex than the residential
issues, such as the fire issues.
161 J
-Mr. Van Arsdale was concerned about things like not being able to make simple changes
without going to the designer. Mr. Perico and Mr. Disney explained that the designer
will want to know and need to know since they are liable for the design. Mr. Perico
noted that the same standard that is applied to commercial is applied to residential.
*Faxing or e-mailing of permit review letters.
-Mr. Van Arsdale asked if they could fax in the comment letters. Alamar Smiley stated
that they will do this as long as it is requested. Mr. VanArsdale stated that there should
be a box on the form to check that they would like to receive comment letters by fax.
-Mr. Disney stated that it would be best if it is available on-line when it is complete.
Alamar Smiley thought that this would be possible.
*Mr. Disney asked why fire reviews, submissions, and timeframe issues have begun to
come up again with the secondary submissions. Mr. Riley stated that it was due to the
fact that they are staffed for 800 reviews and for two months in a row they have received
over 1200 plan reviews. He has begun interviews for another reviewer and hopes that
this position will be filled by the second week in October.
III. Old Business
A) Budget Review
-Mr. Mullee stated that he has a meeting with Debbie and Alanca, the clerk's auditor, on
Tuesday morning to start the process of taking a more detailed look at this item.
-Mr. Mullee reviewed a packet of information of spreadsheets used when they drafted the
budget.
Page 1 - "FY 04 Rent estimate":
-Total rent is $17.34 per square foot.
-Total rent for 131 is $214,251, others total rent is $146,204, and Fund 113 total rent is
$312,142.
-The "other" departments will pay the $146,204 rent; they will be presented with the bill
in October and were informed of the amount previously.
1.611
-Mr. Mullee noted that the $312,142 is what 113 would pay, but they will not actually
make the department pay themselves.
Page 2 - "Expenses, Net Surplus, Cash Carry Forward":
_ This covered the 113 expenses. A 24% reduction in building permit fees was proposed.
- The debt service number of $1,187,000 was incorrect and the corrected number is
$510,000 for debt service on this building. This is a 25 year bond; this includes interest
and principal.
Page 3 - "FY 04 Revenue Extrapolated From Previous 6 Months"
-Addressed how they came up with the revenue projections. There is an assumption of
17% growth rate next year.
Page 4 - "Fund 113 building Fees Revenue"
-This page showed the actual building fee revenue in 2003.
Page 5 - "FY 04 Revenue Extrapolated From Previous 6 Months"
_ Addressed the 131 revenue. A 17% growth rate was assumed. $3.8 million is the base
revenue; this number will be used to make the fee adjustments.
Page 6 - "FY 04 Proposed Fee Increase Worksheet"
-This was the broad way of figuring out the building fee; 131 fee increases.
Page 7- "Fund 113 and Fund 131 RevlExp Balance Sheet"
-They are attempting to balance the revenue with the expenses. (The numbers on this
page are in 1,000's).
Page 8 - "Fund 113 Financial Summary"
_ This page was intended to illustrate that they have begun to do month to month tracking.
The actual number will be higher than what is listed, because the bonding finance for the
building will not actually come into the cash-carry forward until October. The money
that is borrowed for the building will all go to 113; none of the bond money will be split.
Page 9 - "FY 03 - FY 04 FTE Comparison Chart"
-These are the FTE comparison numbers that were requested by the subcommittee.
Next Section - "Office of the County Attorney - Interoffice Memorandum"
-This is a letter from the county attorney, the impact fee ordinance, and the basis for the
administrative charge on impact fees.
16 "1
Last Section - "Collier County Government Community Development Nexus
Analysis"
-This section covers the nexus study, which looked at how much of the 111 departments
are due to land development issues.
-Mr. Van Arsdale asked how 113 and 131 were divided. Mr. Disney informed him that it
was by LDC or Building Code and Mr. Mullee stated this was correct.
*Mr. Mullee stated that this is not a perfect and they were not ready to do this when it
came about, but they did the best they could at the time. Mr. Mullee noted that this may
not be exactly what is wanted, but it is on the way.
Questions and Comments
-Mr. Disney did not like that 131 was using money from 113 to pay for their reserves.
Mr. Mullee informed him that Florida Statutes require each fund to have a reserve.
Because this is a brand new fund, they have to take the best guess at what the fees will be
since they don't know how the fee structure will work. In the past, everyone understood
that building fees were being overcharged in order to cover planning and there was a
decision to let this ride. The rational that is being used now is that some of the past
building fees should have been going to planning. Mr. Disney stated that no one agreed
to give a larger sum to set up their contingency. Mr. Disney added that the reserve fund
was fine, but there needed to be a line item that placed this money back where it belonged
in the future. Mr. Mullee and Mr. Baker disagreed with the subcommittee and believed
that they were doing the right thing. Mr. Mullee and Mr. Baker stated that they will have
to wait for the findings of the clerk after the audit is complete.
-Mr. Disney asked if there had been any response to the letter concerning interest rates
being turned into 113. Mr. Baker stated that he never saw the letter. Mr. Disney was told
that they have not received a response to the letter yet. Mr. Disney asked if the staff
agreed with him on this issue. Mr. Baker and Mr. Mullee stated that they supported it,
but they did not think it would be resolved the way Mr. Disney was hoping.
-In regards to the rent calculations, Mr. Disney asked for a clear definition on the
common area costs, (CAM). Mr. Mullee stated that the CAM costs were 22%, which is
, 611
equally applied through every category. Mr. Disney felt that CAM needed to be
identified separately, because as the building develops the CAM calculations and areas
will change. Mr. Mullee and Mr. Baker stated that they agree; this number is fixed in
time for this year, but it will be recalculated in -6months. Mr. Disney asked to see the
details for how the staff came up with the CAM calculations. Mr. Mullee stated that he
will get this information for Mr. Disney to review.
-Mr. Mullee noted that the renovation costs of the development services building are also
being included in the rent on the new building; they are recapturing the renovation costs
in the rent.
-Mr. Baker stated that some of these numbers changed based on their prior conversation
with Mr. Smykowski. Mr. Mullee explained that Mr. Smykowski changed his numbers
and it is now "in line" with their numbers; Mr. Smykowski is now bonding this over 20-
25 years and now he also has a better interest rate.
-Mr. Disney requested that the $17.34 in rent be broken down for the subcommittee to
see what makes this number. Mr. Baker stated that they would do this and show the
CAM calculations to the subcommittee as well. Mr. Disney added that they should
reconsider the capitalization costs.
IV. Adjournment
-There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 5: 10 pm.
Collier County Committee ETC. ETC.
/20 tJ~,
Chairman (Robert Duane)
HECEI1D(, 11
/ ~ AGENDA MAR 1 6 2004
~' , COLLIER COUNTY CONTRACTORS' L1CENSINGBgtlf~R'll County Com.j SS loner
~\'?J.\'?J.fO ~ ~ s
'0.'?J.\~ ~\"~~ ~~ DATE: March 17,2004
0e'0 ,:\e TIME: 9:00 A.M,
CP~ \\'3-
(.o\e, W. HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
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 THAT TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
I. ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: February 18, 2004
V. DISCUSSION:
VI. NEW BUSINESS:
Tobias I. Simmons - Request to qualify a second company
James D. Wright - Request to qualify a second company.
Jimmy Contreras - Request to qualify a second company.
John Stan - Request to qualify a second company.
Douglas L. Morris - Request to qualify a second company.
Robert H. Weeks, III - Review of credit report.
Douglas P. Tews - Review of credit report.
Gabriel Gonzalez - Request to waive exams for a painting and a cabinet install. contr. license.
VII. OLD BUSINESS:
VIII PUBLIC HEARINGS:
Case # 2004-02 - Collier County Contractor Licensing vs Alan J. Vincent '.
d/b/a Rollsecure Shutters, Inc
IX. REPORTS:
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X, NEXT MEETING DATE:
Wednesday, April 21, 200413 ~-=id-
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16, 1
Radio Road Beautificab.iop M.S.T.U.
Advisory Committee ,/
2705 Horseshqej~ve So~th. .-
Naples FL 341P4alas J
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~UMMARY OF MINUTES & MOTIONS
February 17, 2004
m. Approval of Minutes:
Dale Lewis moved to approve the minutes of January 20, 2004. Second by
Betty Schudel. Carried unanimously 4-0.
vm. Old Business:
A. Sewer Force Water Main (Tower)
Mr. Casey attended and informed the Committee they have numerous
tanks around the County and to standardize them they have chosen to paint
them all beige.
The residents on Radio Road are complaining about the removal of exotics
and the County not replacing the landscaping with adequate coverage of
the tank. After much discussion Mr. Casey stated they planted according
to the LDC requirements and will replace any plants that have died. He
was not aware there was an MSTU nor that they wanted or needed to be
part of the process. If the MSTU wishes to do more Landscaping, Mr.
Casey will make sure the irrigation is working properly and will maintain
it.
Dale Lewis moved to authorize Bob Petenen spend up to 520,000 to
landscape the sewer force water main tank (tower) area on Radio
Road. Second by Betty Schudel. Carried unanimously 4-0.
v. Transportation Services Report:
A. Budget Report:
Dale moved to move 520,000 from the Reserve Account to the Future
Construction & Improvement Account. Second by Bill Jaeger.':~" .
Carried unanimously 4-0. .
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The Committee will be addressing their millage rate .:m, I.~,' ng.mnSle.~~r
the future. n~l'i~', ~
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Radio Road Beautification M.S.T.U.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
March 16, 2004
AGENDA
I. CALL MEETING TO ORDER:
ll. ATTENDANCE:
m. APPROVAL OF MINUTES: February 17,2004
IV. APPROVAL OF AGENDA:
V. TRANSPORTA nON SERVICES REPORT:
A. Budget Report - Joanne Hartman
B. Millage Rate
VI. LANDSCAPE MAINTENANCE REPORT:
A. Monthly Report - Robert KindelanlCLM
1. Cost estimate for Landscaping Tower area
vn. OLD BUSINESS:
VIn. NEW BUSINESS:
A. Plan for Landscaping Medians & Devonshire
1. Schedule Committee "drive-by"
IX. COMMI'ITEE MEMBER COMMENTS:
X. PUBLIC COMMENTS:
XI. ADJOURNMENT:
The next meeting will be held at 4:30 PM, Tuesday, April 20, 2004
Collier County Dept. or Transportation Road Maintenance
2705 Honeshoe Drive South
Naples, FL 34104
16/1
16'1
Radio Road Beautification M.S.T.U.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
February 17, 2004
MINUT~
I. Meeting was called to order by Chairman Susan Saum at 4:30 PM.
n. ATTENDANCE:
Members: Susan Sauro, Dale Lewis, Bill Jaeger, Betty Schudel,
Helen Carella-Excused
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Operations Coordinator, Bob Casey-Wastewater Dept.
Others: Sue Chapin-Manpower Services
m APPROVAL OF MINUTES: January 20, 2004
Dale Lewis moved to approve the minutes of January 20, 2004. Second by
Betty Schudel. Carried unanimously 4-0.
Bob mentioned to change the typo under #5 from access to excess.
The motion and second was amended with unanimous approval.
IV. APPROVAL OF AGENDA:
Old Business will be moved forward to accommodate Mr. Casey. (Wastewater
Dept.
Dale Lewis moved to approve the Agenda as amended. Second by Betty
Schudel. Carried unanimously 4-0.
vm. OLD BUSINESS:
A. Sewer Force Water Main (Tower) - Susan
Mr. Casey stated they have numerous water tanks around the County and had
discussed the issue of the color with his boss. They have chosen the beige
color to standardize for repairs and repainting in all the areas, and have had no
complaints.
The Committee mentioned it is a complaint coming from the residents on
Radio Road. The exotics that hid the tank: were removed and stick out in an
unsightly manner in view of everyone.
Mr. Casey responded they landscaped it according to the Land Development
Code requirements. 60 to 70 plants have been planted and the irrigation
system is working.
1
Dale mentioned many ofthe plants have died. and the irrigation nL~ II
addressed. He also wanted to know why the Committee hadn't been notified
of the changes taking place, nor involved in the process.
Mr. Casey was not aware there was an MSTU Beautification Advisory
Committee. They also cannot fund further after they have met the LDC
requirements. If the Committee wished to purchase additional landscaping
and have it installed, they will maintain it. They will also replace any plants
that have died at this point. He will investigate the irrigation system to see if
any improvements or expansion is needed. There is a pumping station in that
area and should be pumping sufficiently.
Bob Petersen mentioned $5-10,000 would be an estimate for full sized trees
and possible plantings etc. for the committee.
Mr. Casey gave Bob Petersen a form to fill out for Risk Management.
Bob Petersen and Robert will put together a landscaping plan and get it
approved by Bob Casey.
Dale Lewis moved to authorize Bob Petersen spend up to $20,000 to
landscape the sewer force water main tank (tower) area on Radio Road.
Second by Betty Schudel.
Bob mentioned mature live oaks and flowering trees is a possibility.
Carried unanimously 4-0.
V. TRANSPORTA TION SERVICES REPORT:
A. Budget Report - Joanne Bartman
Bob handed out the Budget and felt they had enough in their budget in the
mulch and operating line items, but a good idea to move $20,000 from the
Reserves to Future Construction and Improvements.
Dale moved to move $20,000 from the Reserve Account to the Future
Construction & Improvement Account. Second by Bill Jaeger. Carried
unanimously 4-0.
Bob stated they have spent approx. $7,000 for incidentals on Devonshire and
do not anticipate having to move much more in that account. He covered the
other line items and revenues.
He asked the Committee to think about their millage rate for the next fiscal
year and long range plans. It may be possible to broaden the MSTU through
the Ordinance change to include other projects not currently stated.
Other projects could be: Bus Shelters
Beautification - expanding the median plantings
Traffic Calming etc.
Sod - St. Augustine and required irrigation changes
Bob noticed a weed (Richardia) in the Bahia grass that may have to be cut out,
sprayed with round-up and reseeded.
2
1 6' 1
VI. LANDSCAPE MAINTENANCE REPORT:
B. Monthly Report - Robert Kindelan/CLM
1. Cost estimate for Landscaping Tower area
Robert could not be in attendance. Bob stated the area is looking good
and are working on pruning shrubs etc. on Devonshire. He and Robert
will check the capacity of the irrigation system and also give some ideas
of what can be done with the medians.
Spacing is done mainly because of the travel speed but can look into some
of the other areas.
Different areas were discussed.
Vll. COMMITTEE MEMBERS REPORT: None
IX. NEW BUSINESS:
. Bill Jaeger suggested the Committee look at possible changes they would
like to see on Radio Road and Devonshire. (Another drive-by, as was
done last spring, could be done by the Committee to look at specific
areas)
. The Committee discussed the concrete barriers on Devonshire and Bob
will try to get more information on them by the next meeting.
. Landscaping plan along the shopping center area was discussed and
suggested trees could be planted along the public area on Devonshire.
. Was noted the junk yard has been sold.
x. PUBLIC COMMENTS: none
Being no further business to come before the committee, Dale moved to
adjourn with a second by Betty. Meeting adjourned at 5:25 PM.
The next meeting will be held at 4:30 PM, Tuesday, March 16, 2004
Collier County Dept. of Transportation Road Maintenance
2705 Horseshoe Drive South
Naples, FL 34104
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1 61(1
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Summarv of Minutes and Motions
February 18, 2004
v. Transportation Services Report:
McGee and Assoc. handed out a proposal (or Phase IV. (Enclosed)
Being a quorum was established later in the meeting, Sharon Tims moved to cut a
Purchase Order (or 513,043 to be moved into Improvements General. Second by
Dorcus Boward. Carried unanimously 3-0.
Dorcus moved to approve the Agenda with no changes. Second by Sharon Tims.
Carried unanimously 3-0.
Dorcus moved to approve the minutes o( January 21, 2004. Second by Bemardo
Barnhart. Carried unanimously 3-0.
vm. Old Business:
Extending their boundaries is being looked into.
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16/1
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IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Aeenda
Marcb 17. 2004
I. CALL MEETING TO ORDER
n. A'ITENDANCE:
ill. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: February 18, 2004
V. TRANSPORTA nON SERVICES REPORT:
A. Budget
B. Reimbursement of Banners to CLM (Cbamber) - Cberryl
VI. TRANSPORTA nON MAINTENANCE REPORT: eLM
VU. LANDSCAPE ARCHITECTS REPORT: Mike McGee
A. Report on Pbase DB & ill
VDI. OLD BUSINESS:
A. Update on Extending MSTU Boundary - Bob Petenen
B. Code Enforcement Issues - Rick Torres
C. Trasb Cans for Habitat for Humanity - Bob Petersen
IX. NEW BUSINESS
x. PUBLIC COMMENT
XI. ADJOURNMENT
The next meeting is scheduled for Wednesday, March 17th, 2004
4:00 PM,
At the Immokalee Community Park
321 First Street South,
Immokalee, FL
1
16/1
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Minutes
Februarv 18. 2004
I. Meeting was called to order by Chairman Sharon Tims at 4:15 PM.
A quorum was not established.
II. ATTENDANCE:
Members: Sharon Tims, Dorcus Howard, Cherryle Thomas (Excused),
Rita Avalos ( Absent), Bernardo Barnhart - 4:35PM
County: Bob Petersen-Landscape Operations,
Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue
Chapin-Manpower Services
III. APPROVAL OF AGENDA: No quorum.
IV. APPROVAL OF MINUTES: January 21, 2004
No quorum.
V. TRANSPORTATION SERVICES REPORT:
A. Budget - Joanne Hartman
. The Budget along with the proposal from McGee & Assoc. was
handed out by Bob Petersen. (Enclosed)
. The proposal from McGee & Assoc. for $69,949 is for Phase IV
SR 29 North Tree Planting & Street Lighting.
. In the old Purchase Order there is a balance of $56,906 left.
. $13,043 will need to be moved into Improvements General.
. $4,243.28 has been recovered from accidents.
Reimbursement of Banners to CLM (Chamber) - Cherryl
Cherryle was not in attendance and Bob has not heard from her on any
information with the payment of the Banners.
VL TRANSPORTATION MAINTENANCE REPORT: CLM
. Robert reported normal maintenance being done.
. Leaks repaired.
. Plant material & irrigation taken care of -846
. The Welcome Sign was cleaned
1
YD. LANDSCAPE ARCHITECTS REPORT: Mike McGee
A. Report and Cost Proposals for Phase 1m & ill
. No major changes or problems with maintenance issues.
. Robert will get proposal together for next months meeting.
. Will address banners.
. Sidewalk project - plans have been submitted to the County; the
Engineering Department stated revisions need to be made putting
"stationing" on the plans. (numbering system) This will be an
additional cost of $9,000.
. Discussion followed on the "suicide lane". (Curbing, removing the
middle lane, asphalt and fill etc.)
. Mike McGee discussed the traffic, curbing, widening, accidents,
redoing the downtown area and property values.
. Depending upon the extent of improvements, public meetings will
need to be held.
. Safety issues were addressed. Extra funds may be gotten from the
lighting funds.
16.:1"1
Bernardo Barnhart arrived at 4:35 PM.
Bob gave a summary to Mr. Barnhart: - the MSTU has two State Grants - one for
$100,000 and one for $200,000 that was to landscape and beautify from
Immokalee Road to 13th Street. Mr. Thomas attended a meeting several months
ago and suggested landscaping and changing the lights to the blue lights from 9th
Street to the Triangle. This is a proposal from McGee & Assoc. The County is
asking the Committee to look at landscaping the middle lane (suicide lane), with
curbing, removing asphalt etc. and putting plants in. Several public meetings will
need to be scheduled.
Being a quorum has been established Sharon Tims moved to cut a Purchase
Order for $13,043 to be moved into Improvements General. Second by
Dorcus Howard. Carried unanimously 3-0.
Dorcus moved to approve the Agenda with no changes. Second by Sharon
Tims. Carried unanimously 3-0.
Dorcus moved to approve the minutes of January 21, 2004. Second by
Bernardo. Carried unanimously 3-0.
vm. OLD BUSINESS:
A. Extending MSTU Boundary - Bob Petersen
A memo was read by the Attorney. An extension can be done. It needs to
go before the County Board of County Commissioners. There needs to be
an appropriate reasoning of purpose.
The Committee needs to:
I) Know where the boundaries are to be extended to and,
2) How the areas will benefit.
2
16'11
Landscape Architecture
o TRANSMITTAL
o FACSIMILE
COVER SHEET
?itctJee & rI~
Design * Environmental Management * Planning
5079 Tamiami Trail East
Naples, Florida 34113
Phone: (239) 417-0707
Fax: (239) 417-0708
I Date: I 02/18/04
Attention: Bob Petersen
To: Mr. Robert L. Petersen Subject: Immokalee MSTU Beautification
Project Manager
Company: Alternative Transportation Modes Dept. M&A Project No,: Immokalee SR 29 North Ph, IV
Address 2705 So. Horseshoe Drive, Naples, Fla
Fax No: (239) 213-5899
Number of Sheets to Follow This Cover Sheet: 1 Original to Follow by Mail: 0 Yes o No
We are Transmitting the Following: o Letter o Proposal o Sketch o Invoice o Legal description
o Other Proposal - Phase IV Project Task & Fee Schedul,e
o For approval o For your use o For your infonnation o As requested o Reply is requested
Comments:
Dear Bob:
Please find attached our proposal for providing design services for the Immokalee MSTU Beautification Phase IV SR 29
North Tree Planting and Street lighting project as requested by the MSTU Advisory Committee.
The project design services will cover the planning, design and contract administration services as follows:
1, Streetscape improvements per the Collier County Landscape Beautification Master Plan type B median and type C-1
road side tree planting with irrigation systems.
2, Renovation of existing street lighting systems along SR 29 from 9th St. to Immokalee Dr. to begenerally unifonn
with the existing Main St. decorative street lighting system.
3. New street lighting along SR 29 from Immokalee Dr. to New Market Rd. to be generally unifonn with the existing
Main St. decorative street lighting and connect to the existing New Market Rd. street lighting.
4. Surveying services for existing conditions, features and establish stationing and right-of-way lines for the project.
Our current design services purchase order for Phase III of ($56,906.00 +/-) could be used toward the Phase IV design
fees leaving approximately $13,043.00 to be funded for the new requested proposal.
Signature:
Michael A. McGee, r.l.a.
?ltahd A. 11tdJee
Copies To:
File
From:
CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential information intended only for the use of individual or entity
named above, If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copy of this telecopy IS strictly
prohibited, If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via United States
Postal SerVice, Thank ou,
Drafting Drawmgs\Drawings\McGee & Assoc General Office Files\CC MSTU's\IMMK MSTUlProposals\CCTS-Petersen-Immok Proposals-02. I 8-04,doc
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IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Summa" of Minutes and Motions
February 18, 1004
v. Transportation Services Report:
McGee and Assoc. banded out a proposal for Pbase IV. (Enclosed)
Being a quorum was establisbed later in the meeting, Sharon Tims moved to cut a
Purchase Order for 513,043 to be moved into Improvements General. Second by
Dorcus Howard. Carried unanimously 3-0.
Dorcus moved to approve the Agenda with no changes. Second by Sbaron Tims.
Carried unanimously 3-0.
Dorcus moved to approve the minutes of January 11, 1004. Second by Bernardo
Barnhart. Carried unanimously 3-0.
vm. Old Business:
Extending their boundaries is being looked into.
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..:
LEL Y COMMUNITY DEVELOPMENT
Naples, Florida
linutes of the Reoular Meetino of the Su ervlsors
of Lelv Communitv DeveloDment
Held on .Januarv 21. 2004
A regular meeting of the Supervisors of Lely Community Development was held on
Wednesday. January 21. 2004, at 1 :30 p.m. at the Lely Maintenance Building.
Supervisors Present: Ronald Moore. District Chairman
Robert Fisher, District Vice Chairman
Harold Ousley, District Treasurer
Vera Orr. District Supervisor
Kenneth Drum. District S:lpen'isor
Also Present: W. Neil DorrilL Dorrill Management Group. Manager
Jerry Ellis. Site Supervisor
David Bryant. Esq., District Attorney
INSTALL<\. TION OF NEW BOARD MEMBERSfRECOGNlTION OF SERVICE
~~"
Harold OusleiTh~rr a.'1d Bob Fisher were sworn in as members of the Board
of the Lely C;~ty Development District.
Kenneth Drum was recognized for his service as the chairman of the Lely
Transportation Task Force.
(A short break was taken in proceedings, and the meeting reconvened at 1:46 p.m.)
INVOC~ nON AND PLEDGE OF ALLEGIANCE
Invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance
was recited in unison.
ELECTION OF OFFICERS/APPROV AL OF AGENDA
After an indication that the meeting had been properly advertised and a quorum being
present. the election of officers was had. The newly elected executive Board are as
Follows: Ron Moore, Chairman, Bob Fisher, Vice Chairman, Harold Ousley, Treasurer, ,
and Neil Dorrill was reappointed as secretary. Vera Orr and Ken Drum will serve on the.,
Board as well. . : t
I..
Oate:~
ltcm# 1 /.p cr.') \ Pt \ ~
C{'!r~~GS To:
~..'
1611
LEL Y COMMUNITY DEVELOPMENT
Naples, Florida
Minutes of the Re2ular Meetim~ of the Supervisors
of Lelv Communitv Development
Held on .Januarv 21. 2004
Minutes - Lely Community Development
Januarv :} 1. :}OO]
Page 2
Mr. Dorrill added as 4E the approval of Majors Phases II and III Subdivision Plat,
and 4F. authorization to renew the line of credit with Fifth Third Bank. Mr. Drum
added a discussion of a letter received from Bob Murray as 6A. and a discussion of
a letter received from Mr. Murphy as 6B. Further. a member of the Board added a
discussion of the maintenance site land as 6C, and a status report on Falcon's Glen
As 6D. \,'ith those additions a MOTION was made by Vera Orr and seconded by
Hal Ousley to approve the agenda. and passed unanimously.
APPROVAL OF THE MINUTES OF DECEMBER 17.2003 REGL'LAR MEETING.
Under Public Comment on Page 5. an insertion was made immediately following the first
complete sentence to read as follows: In recognition of having budgeted an additional
$100.000 for the fiscal year. With that addition. a MOTION was made by Ken Drum
and seconded by Bob Fisher to approve the December 17 minutes. and passed
unanimously.
MANAGER'S REPORT
A. Discussion-Authorization to Em!a2e Accounting: Services
Mr. Dorrill asked the Board's concurrence in exploring two local accounting fimls .
Girardin & Girardin and McDonald & Osbourn with the thought of possibly replacing
the Fort Myers CPA firm that the Board has engaged for the past two years. On a
MOTION by Hal Ousley. second by Vera Orr and unanimous approvaL Mr. Dorrill will
solicit the necessary information and provide it to the Board at the February meeting.
Mr. Dorrill handed out copies of the preliminary audit to the members of the Board, and
it will be reviewed at the February meeting. At Mr. Dorrill's request, the auditors will
be preparing a better index of the records before 2000, as well as preparing a schedule
of the disbursement of the bond proceeds back in 1993, '94 and '95.
B. Review of Lelv Debt Service Schedules for Golf Courses
Mr. Dorrill reported to the Board on the two courses that are within the CDD, and the
1 611
LEL Y COMMUNITY DEVELOPMENT
Naples, Florida
Minutes of the Re2ular Meetin2 of the SUDervisors
of Lelv Community DeveloDment
Held on Januarv 21. 2004
A1inutes - Lely CommuniTy Development
January :] 1, :]()O-l
Page 3
three ways they pay the debt service. Mr. Drum asked if there was any way to refinance
the debt, and Mr. Dorrill advised him of a provision in the Trust Agreement that
precludes the Board from doing any subsequent refinancing. However. Mr. Dorrill has
proposed that perhaps the district bonds could be refinanced and the rate significantly
lowered by selling some parity bonds, and he will be exploring that with the underwriter
whose offices are in Orlando. He will report his findings to the Board.
In response to a question from a member of the Board. Mr. Dorrill indicated that the A
and C debt as well as the B debt are recoverable off the tax roll. In the event the taxes
were not paid. the tax certificate would go to a sale by the tax collector at a public
auction. .
C. Follo~ Un Discussion of District AQ:reements with Lelv Develonment or Affiliates
Mr. Dorrill provided a series of agreements and the Board acceptance came with a
MOTION to pursue the purchase ofa used backhoe in lieu of utilizing the borrowed
Machine from Lely.
D. ManaQ:er' s Contract Renewal (Continued from 12/03 Meetin!2:)
Mr. Ousley made the recommendation that the manager receive a new three-year
Contract \\-i.th an annual 2 percent increase to the base rate.
E. Maiors Phase II and III
This item was approved five to zero on a MOTION by Vera Orr and a second by
Hal Ousley, subject to engineering conditions.
F. Line of Credit with Fifth Third Bank
The existing line of credit was authorized for renewal with the Treasurer and Manager
authorized to sign the necessary agreements on a MOTION by Ken Drum and a
Second by Bob Fisher, with unanimous approvaL
LEL Y COMMUNITY DEVELOPMENT
Naples, Florida
Minutes of the Re2'ular Meetin!! of the SUDervisors
of Lelv Communitv Development
Held on Januarv 21. 2004
1 6'1
Minutes - Lely Comnnmiry Development
January:: 1. ]00-/
Page -t
A TTORNEYS REPORT
A. Discussion of Executive Session
l\1r. Bryant advised the Board that the February meeting would include an
Executi've Session to discuss continuing litigation involving Lake 17.
SCPER\'lSORS REQl'ESTS
A. Bob Murrav Lener re: Securitv
\1r. Bryant explained the limits of authorization per bid requirements and the
intent of the District to control the private security patrols for the Community.
B .\1r. Murnhv Lener
!vir. Dorril! reponed on a recent recommendation for terminating an employee. and
that a necessary hearing would be held in coordination with the District Counsel.
C. \laintenance Site Land
!vir. Dorrill and Mr. Bryant will meet with the appraisal firm prior to the next
Meeting to follow up on the maintenance site valuation. and its 1993 valuation.
D. Falcons Glen
Mr. Dorrill indicated that the drainage inspection is scheduled for Friday the 23.
Subject to water levels.
PUBLIC COMMENT
Several Members of the public spoke with no action taken.
MISCELLANEOUS CORRESPONDENCE
None offered.
ADJOURt"lMENT
With no further business to conduct, the meeting was adjourned at 3:35 p.m.
l '{ COMMUNITY DEVELOPMEN
Naples, Florida
Minutes of the Re ular Meetin of the Su
of Lelv Community Develooment
Held on December 17. 2003
16' 1
/
Fiqla
Hales
Ho""lng
Coyle
Coletta
A regular meeting of the Supervisors of Lely Community Development was held on
Wednesday, December 17,2003, at 1 :30 p.m. at the new Lely Maintenance Building.
Supervisors Present: Wayne McLellan, District Chairman
Ronald Moore, District Vice Chairman
Ken Drum, District Supervisor
Charles Krout, District Supervisor
Robert Fisher, District Supervisor
Also Present: W. Neil Dorrill, Dorrill Management Group, Manager
Jerry Ellis, Site Supervisor
David Bryant, Esq., District Attorney
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance
was recited in unison.
ROLL CALL/APPROV AL OF AGENDA
The entire Board was present for today's meeting after proper notification. Mr,
Dorrill explained to the Board that the Master Homeowner's Association meeting
would be held immediately following the LCDD meeting. Certificates of Appreciation
were presented to Mr. McLellan and Mr. Krout from the Community for their dedication
and service. With the additions of items 6A, Highway Task Force, B, Vacant Lot by
Twelve Oaks, C, Drainage issues, D, Usage ofLCCD equipment, E. Median Ownership_
F, Appraisal of Real Estate, G, Christmas Lights, and G. Wild Hogs, a MOTION was
made by Ron Moore and second by Ken Drum to approve the agenda as amended;nnd~--
passed unanimously. :.:>;-;. CCHres:
L\\_~~
l~Q)\~)q
.~;; i 0:
L .Y COMMUNITY DEVELOPMEl\
Naples, Florida
Minutes of the Ree:ular Meetine: of the Supervisors
of Lelv Community Development
Held on December 17. 2003
1611
},;finutes - Lely Community Development
December 17, 2003
Page 2
APPROVAL OF THE MINUTES OF NOVEMBER 192003 REGl]LAR MEETING.
Under item B on Page 4, Mr. McLellan noted that he had asked that an investigation
be made of the School Board's use of the irrigation water that is being requested of the
LCCD. With that addition, a MOTION was made by Ron Moore and seconded by Bob
Fisher to approve the November 19 minutes, and passed unanimously.
MANAGER'S REPORT
A. Chase Preserve Plat Approval
Mr. Dorrill asked that the Chase Preserve Plat be approved subject to the conditions
noted in the report. Unanimous approval was granted on a MOTION by Ken Drum.
and second by Bob Fisher.
B. Further Discussion Re: Master Bud2:et/ Stock Develooment
This item will be discussed at the Master Association Meeting immediately following
the District meeting, however. Mr. Dorrill updated the Board on a meeting that was
attended by Mr. Fisher. Mr. Dorrill and Mr. Bryant with Mr. Urbancic the previous
week concerning the issues the District has with Stock Development, including
security, irrigation. easements. and future annexation of the Classics. The
Memorandum of Understanding that resulted from this meeting was provided to the
Board.
C. Presentation of 2004 Develooers W orkplan
This item will be discussed at the Master Association Meeting immediately following
the District meeting.
D, Mana2:er's Contract Renewal
Mr. Dorrill advised the Board that the three year contract comes up for renewal on
January I, and if no changes are made, the agreement will automatically renew for one
12 month period on that date. The Board agreed that this item should be placed on the
agenda for discussion in January.
l Y COMMUNITY DEVELOPMEN
Naples, Florida
Minutes of the Re2ular Meetin2 of the Supervisors
of Lelv Community Development
Held on December 17. 2003
1 6'1
lvfinutes - Lely Community Development
December 17, 2003
Page 3
ATTORNEYS REPORT
A. County Commission Meeting
Mr. Bryant reported to the Board that Mr. Drum and the task force that met with the
County did an excellent job of protecting the District's interests as it relates to the
District roads.
SUPERVISORS REQUESTS
A. Hi2:hwav Task Force
Mr. Fisher recognized the excellent work Mr. Drum has done for the Community
over the past several years. There is now an agreement in place between the County
and the Transportation Department that no highway will go through the District. A
round of applause was had for Mr. Drum in recognition of his work.
B . Vacant Lot
Mr. Fisher indicated that the vacant lot near Twelve Oaks has been mowed.
C. Draina2:e
Mr. Domll reported that on the advice of the District engineer, the investigation
into the drainage problem has been put on hold until the groundwater table has
come down. It is anticipated that the work will be done in January.
D. Community Equipment Usa2:e
Mr. Drum asked for clarification on arrangements that the District has with various
employees regarding usage of trucks and other District property during weekend
or off hours. Mr. Dorrill indicated to the Board that District equipment was not
intended to be used for any private purpose outside of the Community. Any
separate work done under agreement will be cataloged, and will be provided to
the Board. Further, the metered water arrangements will be delineated for
the Board.
L .~ 'Y COMMUNITY DEVELOPMEN
Naples, Florida
Minutes of the Re2ular Meetin2 of the Suoervisors
of Lelv Community Develooment
Held on December 17.2003
1611
.Minutes - Lely Community Development
December 17, 2003
Page 4
E. Median Ownership
Mr. Drum asked for clarification of ownership of the medians and their maintenance
responsibility. Mr. Dorrill indicated that the CDD is obligated to maintain the median
under a separate permit that is issued by the County. Mr. Bryant indicated to the Board
that although the property underneath the roads is probably owned by Mr. Stock, since
there is a CDD, the roadway system is under the authority and obligation of the District to
maintain. Mr. Bryant felt that the global discussions with Mr. Stock should include a
discussion regarding entering into an agreement giving the medians to the District in
perpetuity.
F, Aooraisal of Real Estate
As a fee proposal has not yet been received from Carroll and CarrolL the appraisal
agreement has not yet been signed. Mr. Dorrill will contact Mr. Carroll and obtain
the proposal so the appraisal can go forward.
G. Christmas Li1!hts
Mr. Drum asked what the Board"s involvement in the lights is. and was told by Mr.
DorriU that there was no financial obligation at all.
F. Wild HOlls
Mr. Dorrill and Mr. Ellis have contacted the person who has a permit to hunt the wild
hogs that have been running through the District, and is willing work in conjunction with
the Sheriff s Office to eliminate them under the laws that presently exist. NIr. Bryant
indicated to the Board that as a matter of liability. the Board should not go forward with
hunting within the District until a formal agreement with certificates of insurance is
signed.
l ,.LJ Y COMMUNITY DEVELOPMEl\
Naples, Florida
Minutes of the RC2ular Meetin2 of the Supervisors
of Lelv Community Development
Held on December 17. 2003
16 I 1
Minutes - Lely Community Development
December 17, 2003
Page 5
PUBLIC COMMENT
In response to a question from Mr. Bob Murray, Mr. Dorrill explained that the
provision of security would remain a responsibility of the LCDD Board. The
intent of Mr. Stock is that the pricing structure will not exceed $160,000 on an
annual basis. The Board will explore contracting with the Master Association, and
the Stock Security Company would be a subcontractor. Upon further questioning
from Mr. Murray regarding District liability, Mr. Dorrill indicated that although he
could not give a definitive answer today, that the District is protected by Sovereign
Immunity by virtue of it being a governmental unit and subdivision of the State of
Florida. Further legal research would need to be done.
In response to another question from a member of the public. they were assured that
The LCDD will retain control of the security within the District, and that any
security provided by the Master Association would be as a subcontractor to the District.
MISCELLANEOUS CORRESPONDENCE
N one offered.
AD.JOURNMENT
With no further business to conduct. a MOTION to adjourn was made by Bob
Fisher and seconded by Ken Drum. and the meeting was adjourned at 2:30 p.m.
Fiala
Halas
Henning
Coyle
Coletta
1 611
L}.;L Y COMMUNITY DEVELOPMENT
Naples, Florida
Minutes of the Re!!Ular Meetin1!: of the Supenrisors
of LeI" Communitv Development
Held on November 19.2003
A regular meeting of the Supervisors of Lely Community Development was held on
Wednesday, November 19,2003, at 1 :30 p.m. at the new Lely Maintenance Building.
Supenrisors Present: Wayne McLellan, District Chairman
Ronald Moore, District Vice Chairman
Ken Drum, District Supervisor
Charles Krout, District Supervisor
Via Speakerphone: Robert Fisher, District Supervisor
Also Present: W. Neil Dorrill, Dorrill Management Group, Manager
Jerry Ellis, Site Supervisor
David Bryant, Esq., District Attorney
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance
was recited in unison.
ROLL CALUAPPROVALOF AGENDA
The entire Board was present for today's meeting after proper notification. Mr.
Dorrill distributed a copy of a letter from Stock Development, outlining a potential
annexation agreement and/or irrigation agreement, as well as a proposal for
security services to be performed under the Master Association. They will be
discussed under the Manager's Report as 4D and 4E.
Robert Fisher added a discussion of the Master Association as 6C, and Ron Moore
added a discussion of the use ofthe Community meeting room as 6D. On a
MOTION by Charles Krout and a second by Ron Moore, the agenda with additions
was passed unanimously.
i"",,<~. !~0trc:):
C6;e:L\J ~ \C)~
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C~"'_ .~~:; 1'0:
Lt.... Y COMMUNITY DEVELOPMENl
Naples, Florida
Minutes of the Ref!ular Meetinf! of the Supenrisors
of Lelv Communitv Development
Held on November 19.2003
16'1
Minutes - Lely Community Development
November 19,2003
Page 2
APPROVAL OF THE MINUTES OF OCTOBER 22, 2003 REGULAR MEETING.
With the correction of the spelling of Judy Holdsworth's name, and a few
other items noted before the Board meeting, a MOTION for approval of the
minutes was made by Ron Moore and seconded by Ken Drum, and passed
unanimously.
MANAGER'S REPORT
A. 2004 Chemical Bid Award
Mr. Dorrill explained the various bids and the discussions he had previously
had with Mr. Fisher regarding quantities and pricing. Mr. Ellis will check those
items that were questioned and get the best possible pricing for the District. On
a MOTION by Ron Moore and a second by Ken Drum, the chemical bid
awards were accepted as amended.
B. Revisions to Chemical Storage Building Plans
Mr. Dorrill requested authorization from the Board for modification of the plans
by the architect on the building plans. On a MOTION by Bob Fisher and a second
by Ken Drum, the authorization was approved unanimously.
C. Discussion of Falcons Glen Drainage System
Mr. Dorrill reported on the engineer's findings regarding the flooding that exists
after heavy rains on Lely Resort Boulevard and the neighborhood of Falcons Glen.
They suggest that Lake 14 collects runoff water and there is possibly some blockage
in the drainage pipes. They further suggest that at a cost of $3,000 to $5,000 a
specialty sewer contractor could inspect the pipes in three areas to determine if
there is any sand collection in them that contributed to the flooding. Mr. Dorrill
will provide copies of their report to the Board. A MOTION was made by Bob
Fisher and seconded by Charles Krout to go forward with the inspection, and
passed unanimously.
L~.l.4 Y COMMUNITY DEVELOPMENl
Naples, Florida
Minutes of the Re2Ular Meetine: of the Suoervisors
of Lelv Communitv Develooment
Held on November 19. 2003
16'1
Minutes - Lely Community Development
November 19, 2003
Page 3
D.Irrigation/ Annexation Updates
Mr. Bryant indicated that after a meeting he and Mr. Dorrill attended with Mr. Stock
And his attorneys, that he had received a letter from Mr. Urbancic asking for information
regarding services that would be provided to the Classics as well as the operating
assessment costs. Mr. Stock spoke to the Board and indicated that he has concerns
as to the time restrictions, and felt that his organization would seek to provide their
own water source to the north end of the resort if this issue is not resolved by year's end.
Mr. Bryant suggested that a request by Mr. Stock's attorney extending the annexation
date by six months be considered by the Board. After a discussion among the members
of the Board, a MOTION was made by Charles Krout to extend the time period by 90
days to conclude the negotiations regarding irrigatio~ seconded by Ken Drum, and
passed unanimously.
E. Security
Mr. Dorrill distributed a handout to the members of the Board regarding an expansion
of the security coverage through the Master Homeowners Association. Mr. Drum
indicated that given the Master Association's history, that he was reluctant to relinquish
all control over the security of the District. Mr. Spivey spoke to the Board about his
proposed security service, and indicated that he would be answering to the residents of
the community. Mr. Fisher asked Mr. Stock a series of questions regarding the Master
Association. Mr. Stock indicated that the required public meeting of the Master
Association for the purpose of adopting the budget was not had to the best of his
knowledge, but that he would follow up on it to determine whether it was or not.
Further, Mr. Stock will make a determination as to whether a third board member
could be added to his Board. The general feeling of the Board is that they would be
willing to work with the Master Association over the proposed security service.
A MOTION was made by Ken Drum and seconded by Charles Krout that a Board
member and Mr. Dorrill meet with Stock Development concerning the Master
Budget Meeting and the placement of a third board member of the Master Board,
and to have an endorsement item on the December agenda for a security change,
and passed unanimously.
E 1. Lely Horses/Other Issues
Mr. Stock further reported to the Board that the Master Association has hired an
Ll<..1.< Y COMMUNITY DEVELOPMENl
Naples, Florida
Minutes of tbe Re2ular Meetin2 of tbe Supervisors
of Lelv Community Develooment
Held on November 19. 2003
1 6'1
Minutes - Lely Community Development
November 19, 2003
Page 4
individual to keep the Lely Horses waxed and cleaned, and if there are further
improvements that the residents desire, that they would be willing to work together
with them on any suggestions that are made. Mr. Stock also indicated to the Board
that sidewalks would be installed in the District, and road turnover would be an
issue of primary consideration.
ATTORNEYS REPORT
A. Volpe Litigation
Mr. Bryant indicated that the Motion to Dismiss made by Mr. Volpe's attorney
would be argued at the end of January. Any discussion oflitigation strategy will
be held out of the Sunshine. Mr. Bryant will distribute a memorandum oflaw to
the Board members in early January delineating the Board's position.
B. School Board Site
The proposal received from the School Board includes receiving irrigation water
from the District to meet their irrigation needs as well as participating in the
master storm drainage system. Mr. Drum voiced his concerns over the capacity of
Lake 17 to provide the needed water to the School District, and was assured by Mr.
Stock that it was. A MOTION was made by Bob Fisher and seconded by Ken Drum
to accept the submitted methodology, and to authorize Mr. Dorrill and Mr. Bryant to
work with the school board attorney and the Board engineer to validate the
submitted assumptions, and passed unanimously.
SUPERVISORS REQUESTS
A. 1999 Bond Refinancing
Mr. Fisher asked Mr. Bryant if the Board had any recourse against the previous Board
and previous Board counsel for the decisions made regarding the 1999 refinancing. Mr.
Dorrill indicated that he would contact the underwriter at the time for an explanation of
the no call provision. Bob Fisher made a MOTION and Charles Krout seconded it to
have Mr. Dorrill make the contact, and it passed unanimously.
LLLJ Y COMMUNITY DEVELOPMENl
Naples, Florida
Minutes of the Ret!ular Meetint! of the Supervisors
of Lelv Community Development
Held on November 19. 2003
16:11
Minutes - Lely Community Development
November 19, 2003
Page 5
B . Vacant Lot Mowing
Mr. Fisher indicated that there was an undeveloped parcel in Twelve Oaks that was in
need of maintenance, and questioned its ownership. Mr. Stock indicated this parcel
was not acquired by Stock Development. Mr. Dorrill indicated that it should be turned
over to County Code Enforcement Department, and he will have that done.
C. Master Association
Previously discussed.
D. Community Meeting Room
Ron Moore made a MOTION and Charles Krout seconded it that the meeting room be
designated as a valid public purpose facility to be used by the neighborhood associations,
and it passed unanimously.
PUBLIC COMMENT
Beyond the extensive discussion had with members of the public during the
topic of District security, a member of the public asked whether the homeowners were
privy to the checks that were written and the money that was spent within the District,
and was advised by Mr. Dorrill that every check is noted under miscellaneous
correspondence under the published agenda.
MISCELLANEOUS CORRESPONDENCE
None offered.
ADJOURNMENT
With no further business to conduct, a MOTION to adjourn was made by Bob
Fisher and seconded by Ken Drum, and the meeting was adjourned at 3 :45 p.m.
1611
I Collier County Revenue Commission I
Fiala
Halas
r!enning
C()yla
Colette
Development Services Center
2800 N. Horseshoe Drive
Conference Room 209
RECEIVED
MAR 1 1 2004
,.
il031"d of County Comlli 5S loners
January 28, 2004
9:00 a.m.
A~enda
I. Approval of Minutes - December 10, 2003
II. Sub-committee report: Prioritization of the Four Unfinanced
Priorities Committee
III. Sub-committee report: Identification of Logical Revenue
Streams Committee
IV. Schedule full committee meeting for February
Based on the more definitive guidance, the issue of developing a mission statement may have a
bit more applicability, therefore, as requested the Chair, the following is a paraphrased mission
statement as originally proposed by Mr. Russell: "Evaluate viable revenue streams, measure the
application and legalities of these streams, and measure the public's support as they apply to the
critically unfunded requirements in the areas of Landscape Beautification and Maintenance,
Beach & Boat Access, Stormwater Improvements and Burying of Powerlines."
~
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
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I 6~ II
COLLIER COUNTY REVENUE COMMISSION
Development Services Center
2800 North Horseshoe Drive
Conference Room 610
9:00 AM January 28, 2004
LET IT BE REMEMBERED, that the Collier County Revenue Commission, in and for the
County of Collier, having conducted business herein, met on this date at 9 o'clock a.m.,
in REGULAR SESSION at 2800 North Horseshoe Drive, Conference Room 610,
Naples, Florida, with the following members present:
Members:
Chair, James Gibson
Mayme Dembecki
Douglas Fee
William Harrison
Joseph Moran
Teresa Nelson
James Peterka
Rodney Robinson
Jamison Savage
Janet Vasey
Clive Wilcott
Collier County Staff: Sandra Lee, Administration Assistant; Winona Stone, Assistant to
County Manager; Joe Schmitt, Administrator, Community Development &
Environmental Services
VVednes~'J~aIJ2.j[004
The Collier County Revenue Commission meeting was called to order by chairperson, James
Gibson, Wednesday, January 28,2004 at 9:06 a.m.
I. Approval of Minutes - December 10, 2003
December 10, 2003 minutes approved.
James Gibson gave a brief overview. During the December meeting, the decision was
made to break down into two revenue groups, to examine the core areas that the
Commissioners letter, dated September 30, 2003, asked to evaluate in terms of the
unfinanced areas. Mr. Gibson would like to listen the sub-committee reports, check on
their status and get a clear idea of where they will be for the Commissioners meeting
March 1. Mr. Gibson asked for any comments or questions before the sub-committee
reports were given.
Clive Wilcott asked if the report to the Commissioners on March 1 st would be a
presentation, or a written report submitted to them on March 1 st for them to act upon it.
James Gibson stated that his vision of it was that the Revenue Commission would
submit a written report and all essential documents to the County Commissioners and to
the County Manager.
II. Sub-committee report: Prioritization of the Four Unfinanced Priorities Committee
Janet Vasey - There were three handouts included in the committee packets that
breakdown the progress of the subcommittee, Beach and Boat Access, Landscape
Master Plan, and Stormwater Recommendations.
Ms. Vasey stated that there have been two meetings for this subcommittee, two to three
hours each. The original presentation had 330 million dollars for Stormwater
2
Wednesday, January 28, 2004
16/ J
Management for "x" number of years. The subcommittee had that information broken
down into projects, and then reviewed the projects, costs, available funding. The
subcommittee could not get away from looking at potential funding sources because it is
so closely tied with prioritization.
Ms. Vasey summarized the handouts:
Beach and Boat Access
This issue started with 134.2 million dollars, and with updated information from the
components and with some decisions from the Commissioners, the issue was down to
65 million dollars. The FY04 program (9.9 million) was eliminated because FY04 is
about half done and there will not be any changes to this years funding. Wiggins Pass
(22 million) and Vanderbilt Inn (37 million) programs were also eliminated because the
Commissioners have decided that they did not want to spend money buying large
properties on the beach. They would rather go with the park and ride contract. This
leaves 65.3 million. Page three of the Beach and Boat Access handout shows the
individual projects that are linked to the 65.3 million dollars and lays out what the
requirements are now. Ms. Vasey has handwritten the changes and costs by the year
as the projects were eliminated. The projects are identified as "B" for Boat and "R" for
Ramp. The numbers behind the project show where there is additional funding for the
same project. The first mention of a project is the acquisition of the project and the later
mention is the development or construction phase of the project. Most of these projects
are ballpark figures, and some will never happen because of community resistance.
There has been discussion of which projects were problematic. This is a 65 million
dollar project over the next ten years.
Doug Fee asked if this would cover all the ramp shortage?
Janet Vasey - yes
3
Wednesday, January 28,2004
1 611
Rodney Robinson pointed out that Ms. Vasey put in the email that John Dunnuck had
stated for 15, they were able to get the 14 million dollar parcel alone and that this would
satisfy the county's needs for boat ramps forever.
Janet Vasey clarified this. Number five on the project list, Bayview Park Phase II
Acquisition, there is some of that that happens this fiscal year, and there is more that
happens in 2010. There are two roads through the Bayview area that have dilapidated
houses, $60,000 to $70,000 per house. John Dunnuck said that if that property could be
acquired and taken over, boat ramps and parking put in that area, that this would take
care of the county's boat ramp needs forever.
Doug Fee expressed concern that the City of Naples would not be keen to putting all the
ramps in one area.
Janet Vasey stated that there could always be resistance on any of these topics. She
believes what Mr. Dunnuck was talking about was that there would be enough ramps
and enough places to park to solve the problem. Street access and getting there was
not discussed between Ms. Vasey and Mr. Dunnuck.
James Gibson asked that the committee focus on develop a funding strategy for a
relatively finite project list that is before the committee. There is no hope chasing down
one specific thing, but to develop a general strategy.
Janet Vasey stated that each one of the projects have been discussed and most seem
reasonable, some run into the problem of community acceptance. If there is enough
resistance from this Commission, reinforce the issue to a future Commission that may
not resist. There are requirements are out there. The list is down from 134 million
dollars. In the next section, the subcommittee looked at what funding is available right
now. Since these issues came up, there have been a couple of changes. County
Commissioners have decided to put two million dollars of the annual TDC funding that is
currently available, towards Beach and Boat access. Some of that would go towards
4
Wednesday, January 28, 2004
16 I 1
maintenance of existing areas, but Y2 - 1 million dollars per year would be available for
new Beach and Boat access. Another potential funding source is the 4th cent. That,
under some of the conditions that are being discussed, could provide an additional 13
million dollars over a ten-year period, 1.3 million dollars per year. There is the possibility
that some of the developers are willing to pay some of the costs, if their project is
approved.
James Gibson explained how the 3 cents are being divided now and stated that the 4th
cent is a much larger issue.
Janet Vasey -There is a little bit of money from developers that is what is seen as
currently available or potentially available. On page two of the Beach and Boat Access
handout, potential funding sources are discussed. Beach and Boat Access has been
traditionally funded out of the Countywide General Fund 001. Tourist development
monies have been used. User fees were discussed. Boat ramp fees are currently be
collected and could be increased. The County staff has periodically requested a charge
for Beach Parking Permits in the county. Commissioners keep turning it down because
the County has to pay the City a certain amount of money each year for the Beach
Parking Program. County staff has suggested that the unincorporated county residents
pay a fee for the stickers. The Commissioners have always said no to this as well.
Impact fees were looked at. A Beach and Boat Access impact fee could be added to the
current Parks and Recreation impact fee, but that would mandate a level of service,
category A. If a level of service, category A is not needed, than it would go into a
moratorium. There is another option to add a separate impact fee for Beach and Boat
Access as a category "B." This would not trigger any deficiency or a moratorium.
Doug Fee questioned the impact fees and tourist impact on beach and boating.
Janet Vasey stated that the productivity committee sees all the impact fees when they
come through. Tourists use roads, libraries, and a lot of the facilities that are paid for by
impact fees, and impact fees relate specifically to the impact of new growth. There
5
Wednesday, January 28, 2004
1 6'1
would be elements that impact fee would not pay for by the way the impact fee is
calculated. The TDC funds could pay that portion. General fund subsidies could be part
of it too. So the way the impact fees are calculated, they would never pay the full
amount anyways. Franchise fees are an alternative with the downside of franchise fees
are collected from the incorporated areas and beach and boat access have always
been paid for by the countywide funds. The last section of the Beach and Boat Access
handout is Prioritization committee recommendations. The committee is recommending
TDC funding and impact fees, having an impact fee study prepared to determine how
much would be required for this level of program, with the recognition that this money
could be bonded. The committee is also recommended to consider less expensive
options, if necessary. The fourteen million dollar budget was discussed and the
committee was looking for other ways, but now they feel that the fourteen million dollar
budget is not such a bad one. User fee increases for boat ramps and beach parking
stickers are not recommended.
Doug Fee asked to go back to considering less expensive beach and boat access
options. When it comes to boat access, maybe parking away from the ramps and
shuttling would be less expensive. Mr. Fee suggests considering less expensive beach
property.
Rodney Robinson states that this may not be part of what the committees mission is,
but thinks that it should be noted that ultimately the county is responsible for doing this.
If you look at the chart, the two lots on Gulfshore Drive, for beach access, are nine
million dollars and another $400,000 for construction. Mr. Robinson does not know how
big those lots are, but typically in Gulfshore, they are fairly standard lots that are not that
big. That could costs about $200,000 per parking space, and he hopes that they are not
spending ten million dollars to provide forty spaces. When they could take the ten
million dollars for another parcel somewhere and get 200 spaces for boats and trailers.
Janet Vasey clarified that the Gulfshore Drive project is for beach access and then the
concept being a park and ride.
6
wedneSdaYfb 2,1
Doug Fee feels that beach and boat access should be considered separately because
boat is just for launching of boats and parking of trailers.
Clive Wilcott asked Ms. Vasey to give reasons that the committee doesn't think there
should be a charge for beach stickers.
Janet Vasey recalls that this was a universal position of the subcommittee that is an
entitlement of the residents. The people that live in Collier County should have beach
access without having to pay for parking. The tourists have to pay for parking through
the meters. The boat park issue was to charge a token amount. $3.00 a launch is
charged in some places. The committee looked at the possibility of increasing to $10.00
a launch, and it was decided that boat launching should be a nominal amount. It's a
quality of life issue for living in this community.
Doug Fee pointed out that the increase would cover the shortage.
Janet Vasey stated that the parking permit fee would only bring in just over $400,000.
Clive Wilcott stated that this was discussed in his committee as well, at $5.00 a sticker
to pay the administrative costs.
Janet Vasey doesn't believe that there would be a lot of additional costs. As it is,
residents have to show their documents to get stickers.
James Gibson pointed out that the process would be the same, just with the cash
handling added.
Janet Vasey - There wouldn't be additional administrative costs, just the additional
revenue. (approximately $400,000 was proposed and rejected)
7
Wednesday, January 28, 2004
16'1'1
Clive Wilcott referred back to the subcommittee's recommendation of funding sources.
There are other sources, both statewide and federally, for beach access. In some cases
counties are getting 75% contribution from the state and federal funds. Mr. Wilcott
would like to see a recommendation for the county staff to look into that as an option.
Janet Vasey agreed, and that would need to be added. The committee did not try to do
an exhausted list of potential funding sources, because they knew that the Logical
Revenue Streams Committee was looking at that. Ms. Vasey then referred back to the
Beach and Boat Access handout and finished the summary by stating that the
committee did not feel that franchise fees are a good way to go. The idea of the beach
and boat access is a countywide program and franchise fees are only charged to the
unincorporated areas. The committee felt that fund from the TDC and impact fee were
better options. There was no recommendation on the 4th cent.
Doug Fee asked if the 65 million is for things that the citizens will need in the future. Is it
the responsibility of the Revenue Commission to say if it is an accepted amount? Is the
Revenue Commission to arrive at how to come up with the 65 million dollars?
Janet Vasey doesn't think so. The reason that individual projects were looked at was to
see how firm they were to requirements, if they were accurate, or if they were
questionable. The findings were that they were fairly accurate and ballpark. These are
things that are wanted. These are things that would meet the needs for both beach and
ramp access. Some of the projects will never take place due to community resistance.
Doug Fee is uncomfortable saying that this has been looked at. It is agreed that there is
a shortage. Mr. Fee believes the Commissioners are looking for where the projected
dollars should dollars should be.
James Gibson doesn't agree at all. The Commissioners have some concept of a
prioritized list. It is not the Revenue Commission's job to meet every project that is
conceivably out there.
8
Wednesday, January 28,2004
1 6'1
Doug Fee asked if the recommendations don't satisfy the needs of the 65 million
dollars, should the balanced be paid for by tax bill dollars.
James Gibson stated that ultimately, that is the decision. Fund that level of projects with
the General Fund or the scale of projects come down.
Janet Vasey sees that if there is a need, if the impact fee and TDC monies don't take
care of the need, the recommendation is that the countywide general fund should.
James Gibson stated that this has been agreed to as a reasonable program. It is an
adopted program that will change every year.
Janet Vasey concluded the summary by asking if there was any additional questions or
comments. There were no additional questions or comments at this time.
Landscape Master Plan
Janet Vasey - the program started at about 36 million dollars. Eleven million dollars of
that was for maintenance. Twenty six million dollars for capital was for putting in
landscaping along the road, the irrigation systems, the shrubs, and the trees. It was
clear that once the landscaping is put in, the Unincorporated General Fund 111
generally pays for the maintenance. Most of that is in the Unincorporated General Fund
111. Page three of the Landscape Master Plan handout is a chart that Pam Lulich
briefed the Revenue Commission on. The second two columns are the catch up
program. The catch up program relates to putting in landscaping for roads that have
already been improved. The Gas Tax Column relates to putting in landscaping for roads
that are currently going to be either built or improved. The current projects are marrying
up the landscaping with the road construction to avoid costs of tearing up areas, doing
the landscaping, and then repairing the area. The catch up program is paid for out of the
9
Wednesday, January 28, 2004
16 I 1
two general funds, and the new program will be paid for out of the Gas Tax. Ms. Vasey
jumped to page 5 of the handout, the gas tax program. This page is broken down by
road and notes what year the road will be started and what year the landscaping will be
put in. The total is roughly 18.9 million dollars. This is the same 18 million that is
referred to on page three. Ms. Vasey then moved onto page six, which is the catch up
program for years FY05 and FY 06. This page ties back to page three. There are
recommendations, but at this point Ms. Vasey just wanted to give an overview.
James Gibson thinks the important thing is the catch up funding and maintenance
operation funding are Generally funded. There is no Gas Tax on these.
Janet Vasey referred back to page one. When the committee started to look at the
program, it stated very clearly that the Landscape Beautification Master Plan for the
Community Gateways was supposed to be paid out of the Countywide General Fund.
Upon review of this project, it was found that a lot of these projects are not funded by
General Fund 001. Some were funded by Gas Tax. Some were funded by the
Unincorporated General Fund. The projects that relate to the Gateways were identified,
and that funding was put into 001. The 26 million dollars were reorganized. This drops
the Gas Tax from 18.9 million to 14.5 million, the Unincorporated drops, and the
General Fund goes up. Pam Lulich and Diane Flagg felt that this was consistent with
county guidance. Recommendations are that the funding sources, as revised, should be
used, 001 funding and the general fund should be considered as part of current services
each year, and landscape maintenance would come out of General Fund 111.
Franchise fees are not recommended for this program.
Doug Fee asked if the committee was accepting General Funds over one of the other
four priorities.
Janet Vasey agreed and stated that this is consistent with county policies. Page 2 of the
handout, this project is funded in FY04 with 1.3 million. That can be looked at as a base.
That money is available this year and will conceivably be available next year.
10
Wednesday, January 28, 2004
16'1
There was more discussion about the calculations of the landscaping budget and
explaining the spreadsheets that were attached. There is 3 million dollars left over when
the Gas Tax money is relocated. That money will be clearly defined as being put back
towards the road-building program. Grants are being pursued, but until that money is
approved the money will be included in the budget so that the projects will be funded.
Burying Power lines
The subcommittee did not spend any time discussing burying power lines. At the last
general meeting there did not seem to be any interest in that program.
Stormwater Recommendations
Janet Vasey distributed a 7-page summary, Stormwater Recommendations. Ms. Vasey
briefed the committee on the estimated costs, available resources, potential funding
sources for unfunded program, and recommendations for this issue.
Recommendations:
1. The local area benefiting from a project should pay some of the costs. Where
specific areas benefit, they should pay, with reasonable county cost share, when
there are benefits that extend beyond the limited area (like improved water quality
into Naples Bay, etc.).
This would apply to several projects, including Lely and culvert and swale projects
(including Naples Park).
Lely, perhaps try another vote on project with the offer of a larger county cost share.
11
Wednesday, January 28,2004
1 6'1
2. Stormwater Utility could be difficult to administer, but it should be pursued as a
potential alternative.
3. Projects that benefit future development should require the developers to pay for the
benefits they derive. Current residents in the unincorporated areas should not be
responsible to pay to clean up areas so new developers can build on the land.
These projects have a low priority.
4. Franchise fees paid by unincorporated residents should not pay for countywide
projects.
III. Sub-committee report: Identification of Logical Revenue Streams Committee
Report of the Revenue Commission Subcommittee on Revenues handout was
distributed. James Gibson briefed the committee on the subcommittee's general
observations and recommendations.
Recommendations:
1. Different costs for burying power lines. The subcommittee found no basis for
consideration of this activity as a priority area. To the extent local communities may
consider this a needed activity, funding requirements could be addressed by a
petition authorized MSTU.
2. Median Maintenance & Landscaping. The subcommittee found that the present
funding method utilizing gas tax revenues and general fund and unincorporated
property taxes was appropriate and sufficient with one exception. In the
subcommittee's view, gas tax revenues should only be utilized for capital
expenditures directly related to roadway improvements. Retrofitted landscape
12
Wednesday, January 28, 2004
1 6'1
improvement projects and the very important ongoing maintenance component
should be funded utilizing property taxes.
3. Beach Access ! Boat Access. The subcommittee considered these as essentially
two different areas. With regard to boat access, to the extent additional funding may
be required, the County could give consideration to increasing boat ramp fees. With
regard to beach access funding, the subcommittee understands that the
Commissioners currently have under consideration increasing the Tourist
Development Tax (TDT) from 3% to 4% utilizing the authorization language in
Florida Statutes Chapter 125, Section 104 which generally authorizes an additional
1 % levy for the construction, debt service, etc. of sports facilities and convention
centers. However the statute also stipulates that the additional 1 % levy may also be
used to "promote and advertise tourism in the state of Florida and nationally and
internationally". In a County Attorney's opinion of December 2, 2003, it was
determined that the above language could not be construed to include the financing
of land acquisition for beach access. If this opinion is maintained, the ability to
maximize the TDT for beach restoration and access acquisition is necessarily
constrained. In the alternative, the County could reallocate the current 3%
distributions of the tax concentrating the total revenue for use in beach re-
nourishment and access acquisition while utilizing the additional 4% for its
designated purpose. Funds allocated to the beaches could be used as direct pay as
you contributions or leveraged as a dedicated revenue source for bonds issued to
undertake capital work. As an adjunct funding mechanism, the County could give
consideration to attaching a fee to the beach-parking permit, currently issued at no
cost. The reallocation of TOT revenues would require some infill funding via
increased services and operations currently funded by the TDT such as for the
museums.
Clive Wilcott explained the 4th cent issue. A percentage of the 3rd cent goes towards
tourism in Collier County. If the one-cent increase is enacted, that increase will go
specifically as designated for tourism only. So it will take the budget from where it is
13
Wednesday, January 28, 2004
16 I 1
right now at 1.3 to about 3.5 million dollars. The budget that exists now, Collier County
would use the percentage of the 3rd cent (5.3 million) to purchase beach access. Mr.
Wilcott explained the tourism-advertising budget.
The calculations of these monies were further explained. Lee County's option for the 4th
cent was discussed, as well as their current policies and budgets. The impact of tourist
tax on tourism was questioned and explained. Concerns of bonding this money was
expressed.
4. Stormwater Management. This area, by virtue of its fiscal magnitude and health and
safety impact is considered the highest priority area and the most in need of a
retooled set of financing assumptions. Certain projects within the stormwater
management area may lend themselves to relatively narrow financing solutions. For
example, several projects identified in the current capital improvement program
(CIP) will serve to benefit future land development. In these situations, the creation
of an applicable impact fee or benefit assessment should be given consideration.
Secondly, in areas where mitigation projects are relatively limited in scope and the
benefited areas can be readily and reasonably determined, MSTU's or MSBU's
could be established to finance all or a portion of the projects with County funding
making up the difference. While these strategies may resolve some of the more
limited project initiatives, they will not suffice to address major stormwater
management projects. In the subcommittees view, to adequately address the major
stormwater management projects envisioned in the current CIP, there is a need for
capital projects financing not now available through existing pay as you go
resources. The case for appropriate debt financing clear-cut. Given the breadth and
scope of the capital construction work anticipated, the County should consider the
issuance of general obligation debt. Such a bond issue or issues would be based on
the full faith and credit and unlimited taxing power of the County. That is, an ad
valorem based issue whereby property taxes would be the major contributing source
for the debt service on the general obligation debt. The capacity to adjust the current
ad valorem levy to accommodate the additional debt service requirements would
14
Wednesday, January 28, 2004
1 611
need to be carefully analyzed. In all cases noted above, the ability to access federal
and state loans and grants should be fully explored.
This issue was discussed and clearly define. There was discussion about community
resistance. Cost sharing options were discussed. Possible calculations for cost sharing
were given. Franchise fees were discussed again. Ms. Vasey will discuss how much the
45 million can be taken as benefit, what will that leave to be done with other funds with
Robert Wylie.
IV. Schedule full committee meeting for February
The Revenue Committee meeting and voting session will be held February 11, 2004 at
9:00a.m.
Adjourn
There being no further business for the good of the County of Collier, the meeting
was adjourned by the order of the Chair at 12:20 pm.
Revenue Commission
Chairperson (James Gibson)
15
16, J
Collier County Revenue Commission
~- ....-..... - -- .. ~ - ~ - ~ - - ~
tOoL_; .4
J ~
Fiala 7/
Halas ~ J --
~~~~ng=--l" -
Coletta
Development Services Center
2800 N. Horseshoe Drive
Conference Room 610
RECEIVED
MAR 11 2004
Board of County Commissioners
February 11, 2004
9:00 a.m.
AClenda
I. Approval of Minutes - Prioritization of the Four Unfinanced
Priorities Sub-Committee Meeting (January 14, 2004)
II. Approval of Minutes - Identification of Logical Revenue
Streams Sub-Committee Meeting (January 23, 2004)
III. Follow-up Discussion Regarding Sub-Committee
Recommendations
· Prioritization of the Four Unfinanced Priorities Committee
· Identification of Logical Revenue Streams Committee
IV. Approval of Recommendations to Board of County
Commissioners
V. Next Meeting Date - March 10,2004 (Room 610)
VI. Adjournment
Cunes:
(~. WdlJaJ
:t ) l; 0:) \ (\ X)
, ~J:
FLQ ~l.~
COLLIER COUNTY REVENUE COMMISSION
Development Services Center
2800 North Horseshoe Drive
Conference Room 209
9:00 A.M. February 11, 2004
LET IT BE REMEMBERED, that the Collier County Revenue Commission, in
and for the County of Collier, having conducted business herein, met on this date at
9:00 0' clock a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Conference
Room 610, N aples, Florida, with the following members present:
Members:
Chairman, James Gibson
Janet Vasey
Matthew Hudson
Rodney Robinson
Clive Walcott
Clark Russell
William Harrison
James Moore
Jamison Savage
Mayme Dembecki
Joseph Moran
Doug Fee
J ames Peterka
Collier County Staff: Winona Stone, Sandra Lea
1
JeoJ 112004
A quorum was established.
I. Approval Of Minutes --The Minutes of the Prioritization of the Four
Unfinanced Priorities Sub-Committee Meeting held January 14,2004, were
approved.
II. Approval of Minutes-- The Minutes of the Identification of Logical Revenue
Streams Sub-Committee Meeting held on January 23, 2004, were approved.
III. Follow-up Discussion Regarding Sub-Committee Recommendations
-Ballpark estimate for beach and boat impact fee: $300 to $500 per unit.
After study, it can be determined how much is needed from new development.
TDC or General Fund can make up the difference.
-Storm water fee would be on any new development.
-There may be resistance from City to paying for County beach access.
-Most development would be in unincorporated areas.
-Hotels will fight any money from TDC going for boat access.
-A dedicated funding source could match grants. Cost sharing could fund
50% of the program. Funding has come from property taxes in the past. May
need slight tax rate increase for unincorporated fund.
-Ten year program was $180,000,000, 20 to 25 million per year.
-Doug Fee desired more time, perhaps a month or two to obtain more
information.
-Cities collect their own impact fees; care must be taken not to have
double impact fees.
IV. Approval of Recommendations to Board of County Commissioners
-Motion was made to adopt all five recommendations made in response to
the tasking correspondence of September 30, 2003 to the Revenue Commission
from the Board of County Commissioners. Motion was seconded and approved
unanimously.
V. There are no additional meetings of the Revenue Commission scheduled
for the near future and will be none unless or until the Board of County Commissioners
have additional tasking requests of the Commission.
VI. Adjourn
There being no further business for the good of the County, the meeting
2
1 611
was adjourned by order of the Chair at 10:00 o'clock a.m.
Collier County Revenue Commission
James Gibson, Chairperson
3
;";
February 11, 2004
RJE~J,l
'~AR 1 1 2004
Revenue Commission Sub-corrvJli:W~ounty Commfssloners:
Prioritization of the Four Unfinanced Priorities
J Committee
Development Services Center
2800 N. Horseshoe Drive
Conference Room 609
~iala
H~Jlai
Henning
(;!;;lVI~
Gglett~
January 21 , 2004
9:00 a.m.
A~enda
I. General Remarks
II. Beach and Boat Access
III. Discussion re Stormwater Proposed Recommendations
IV. Discussion re Landscaping Proposed Recommendations
V. Other Business
VI. Adjournment
Please be advised that the entire Revenue Commission will
meet on January 28 at 9:00 in Conference Room 610
.,.-.....-. ,- ~.
,'.
c ;~b"JLo~
! ;:'\U~}\1\P
10:
1611
COLLIER COUNTY REVENUE COMMISSION
PRIORITIZATION OF THE FOUR UNFINANCED PRIORITIES SUBCOMMITTEE
Development Services Center
2800 North Horseshoe Drive
Conference Room 610
9:00 AM January 21,2004
LET IT BE REMEMBERED, that the Collier County Revenue Commission, Prioritization
of the Four Unfinanced Priorities Subcommittee, in and for the County of Collier, having
conducted business herein, met on this date at 9 o'clock a.m., in REGULAR SESSION
at 2800 North Horseshoe Drive, Conference Room 610, Naples, Florida, with the
following members present:
Members:
Chair, Janet Vasey
Mamye Dembecki
William Harrison
Joseph Moran
Doug Fee
Theresa Nelson
Rodney Robinson
Collier County Staff: Sandra Lee, Administration Assistant; Robert Wylie, Collier County
(Stormwater) Department of Transportation
lJ?aLt 21,2004
The Collier County Revenue Commission, Prioritization of the Four Unfinanced Priorities
Subcommittee meeting was called to order by chairperson, Janet Vasey, Wednesday, January
21, 2004 at 9:08a.m.
I. General Remarks
No general remarks at this time.
II. Beach and Boat Access
Janet Vasey distributed and reviewed a handout that addressed the beach and boat access
projects. The projects location and purpose were defined during discussion.
TDC funding and impact fees were discussed at length. Impact fees, level of service
category A, could pose potential problems; if they fall behind they can generate a
moratorium. Legal questions and questions about currently available money will be asked
and the information will be available at next Wednesday's meeting.
Recommending funding sources were addressed at the last subcommittee meeting. This is
the area that another subcommittee covers.
The staff requests for beach parking permit fees were mentioned, with the note that the
Commissioners have voted this down previously.
Possible user fees for boat ramps were discussed and declined because it would not
generate enough revenue to make it worthwhile. Staffing and enforcement issues would
arise.
Developers have mentioned a possible contribution to this in return for their projects being
approved.
Doug Fee pointed out that in the March 2003 Boat and Beach Access report (given to the
Commissioners by Parks and Recreation) there was a projection of a shortage of 27 boat
ramps over the next 12 years.
Levels of service for both beach and boat access were questioned and answered.
Franchise fees were discussed at length and decided that it was an inappropriate.
Recommendations to the Revenue Commission:
1. Use a combination of TDC funding and impact fees.
2
LQ.J Ja~ 21, 2004
2. Prepare an impact fee study to determine whether the current parks/recreation impact
fee should be expanded or a new beach/boat impact fee created. Both sources could be
bonded.
3. Consider less expensive beach and boat access options, if necessary.
4. User fee increases for boat ramps and beach parking stickers are not recommended.
5. Franchise fees are not recommended since beach/boat access is a countywide function
and franchise fees would only be collected from unincorporated residents.
III. Discussion re: Stormwater Proposed Recommendations
Janet Vasey distributed a copy of an email that she had sent to the committee on Friday,
January 16, 2004. This email was a one-way communication that included questions the
committee had for Robert Wylie. Gordon River Basin and Belle Meade were discussed.
Questions for Robert Wylie:
1. Gordon River Basin: more information on the areas included in the project and what
areas benefit
Mr. Wylie brought maps to the meeting to explain the areas affected by these decisions.
Gordon River Basin affects both the City of Naples and Collier County. What Mr. Wylie
is trying to analyze is how to make direct connections to eliminate back ups, the quantity
of fresh water going into Naples Bay, how clean that water is, and at the same time try
to resolve flooding. A major factor that has been identified is the need to store water.
Putting a retention pond in the Wilderness golf course is being considered.
2. Belle Meade Agricultural Project: more detail information on areas included In the
project and who benefits
Mr. Wylie brought maps to the meeting to explain the areas affected by these decisions.
3
1 6 , }edneSday, January 21, 2004
3. On projects that benefit future development: What can be done to get new development
to pay for the benefits they will receive from some of those projects? Areas where down
stream water systems need to be improved before new development can occur.
Why should current residents in the unincorporated area pay to clean up areas
so new developers can build on the land?
Is an impact fee for stormwater management, for given geographical areas,
possible?
Robert Wylie - Impact fees do not work for stormwater management. When developers
go through permitting, they have to show net processes that they had no bet impact on
the area. They can have an impact, but the net impact has to equal out. Pre-discharge
and post-discharge is supposed to be equal. Stormwater Management is starting to look
towards adding criteria that the total discharge volume is equal.
In an effort to wrap these issues up, Janet Vasey asked if there is any other way, other
than impact fees, to try and tag development with any of the costs of some of these
projects?
Robert Wylie did not know how to go about it, but would like to see the money come
straight from the development industry to cover the costs that it takes to improve
systems further down stream, even though they can't be directly contributed to any
single development.
Recommendations:
1. The local area benefiting from a project should pay some of the costs. Where specific
areas benefit, they should pay, with reasonable county cost share, when there are
benefits that extend beyond the limited area (like improved water quality into Naples
Bay, etc.).
4
16,1.
Wednesday, January 21,2004
This would apply to several projects, including Lely and culvert and swale projects
(including Naples Park).
Lely, perhaps try another vote on project with the offer of a larger county cost share.
2. Stormwater Utility could be difficult to administer, but it should be pursued as a potential
alternative.
3. Projects that benefit future development should require the developers to pay for the
benefits they derive. Current residents in the unincorporated areas should not be
responsible to pay to clean up areas so new developers can build on the land. These
projects have a low priority.
4. Franchise fees paid by unincorporated residents should not pay for countywide projects.
IV. Discussion re: Landscaping Proposed Recommendation
Recommendations:
1. Funding sources, as revised, should be used. Funding is reallocated among existing
revenue sources to comply with county policy that the Countywide General Fund (001)
should pay for landscaping along Community Gateways. Over the FY05 thru FY10
period, this results in $4,318,000 less gas tax (fund 313) expenditures and $3,325,000
less unincorporated general fund (111) expenses and $7,643,000 more in countywide
general fund (001) costs.
2. 001 funding and the general fund should be considered as part of current services each
year.
5
1611
3. Landscape maintenance would come out of General Fund 111. Franchise fees are not
recommended for this program.
Wednesday, January 21, 2()04
4. Franchise fees are not recommended for the landscape program.
V. Other Business
There will be a subcommittee meeting Wednesday, January 28, 2004 at 8:30a.m.
VI. Adjournment
There being no further business for the good of the County of Collier, the meeting was
adjourned by order of the chair at 11 :40 a.m.
COLLIER COUNTY REVENUE COMMISSION
PRIORITIZATION OF THE FOUR UNFINANCED PRIORITIES SUBCOMMITTEE
Janet Vasey, Chairperson
6
16'1
COLLIER COUNTY REVENUE COMMISSION
PRIORflZA TION OF THE FOUR UNFINANCED PRIORITIES SUBCOMMITTEE
RECEIVED
Fiala
Halas
Henning
Coyle
Coletta
Development Services Center
2800 North Horseshoe Drive
MAR 1 1 2004
Conference Room 610
8:30 AM January 28, 2004
Board of County CommissIoners
LET IT BE REMEMBERED, that the Collier County Revenue Commission, Prioritization
of the Four Unfinanced Priorities Subcommittee, in and for the County of Collier, having
conducted business herein, met on this date at 8:30 a.m., in REGULAR SESSION at
2800 North Horseshoe Drive, Conference Room 610, Naples, Florida, with the following
members present:
Members:
Chair, Janet Vasey
Mamye Dembecki
William Harrison
Joseph Moran
Theresa Nelson
Collier County Staff: Sandra Lee, Administration Assistant
)"
\&k\tllJ--
lU>~ t ~~
To:
wednl.211004
The Collier County Revenue Commission, Prioritization of the Four Unfinanced
Priorities Subcommittee meeting was called to order by chairperson, Janet Vasey,
Wednesday, January 28,2004 at 8:30a.m.
Janet Vasey sent a one-way communication to the members of the subcommittee via
electronic mail. This document lists the following suggestions that were later
recommended to the full committee later that day.
A. Beach/Boat Access tentative recommendations
1. Use a combination of TDC funding and impact fees.
2. Prepare an impact fee study to determine whether the current
parks/recreation impact fee should be expanded or a new beach/boat
impact fee created. Both sources could be bonded.
3. Consider less expensive beach and boat access options, if necessary.
4. User fee increases for boat ramps and beach parking stickers are not
recommended.
5. Franchise fees are not recommended since beach/boat access is a
countywide function and franchise fees would only be collected from
unincorporated residents.
B. Answers to specific Beach/Boat access questions from January 21st meeting:
1. Bayview Part Phase II Acquisition ($14 million) was suggested by our
group as too expensive. I discussed this with John Dunnuck and he said
that the county could get 2 city streets in that area by buying all the
2
16/1
Wednesday, January 28,2004
$60,000 houses. According to John, this acquisition could meet ALL the
boat ramp (and associated parking) needs for the county forever! That
was also the project that could get to Keywadin (sp?) Island for beach
access.
2. Doug said that current impact fees were paying for beach access now. I
didn't think that was correct. Doug is right. John said that the 951 boat
ramp expansion in FY03 and FY04 is being paid by Fund 001 and impact
fees. But there isn't any money in the current impact fees to cover the
projects on our list.
3. Impact fees are being used to pay for the $42 million North Collier
Regional Park. John agreed that the current impact fees will be paying off
this loan for the next 7 years.
C. Stormwater Management tentative recommendations
1. The local are benefiting from a project should pay some of the costs.
Where specific areas benefit, they should pay - with reasonable county
cost share, when there are benefits that extend beyond the limited are
(like improved water quality into Naples Bay, etc.). This would apply to
several projects, including Lely and culvert and swale projects (including
Naples Park). Lely - perhaps try another vote on project with the offer of a
larger county cost share.
2. Stormwater Utility could be difficult to administer, but it should be pursued
as potential alternative.
3. Projects that benefit future development should require the developers to
pay for the benefits they derive. Current residents in the unincorporated
3
I 611
Wednesday, January 28, 2004
area should not be responsible to pay to clean up areas so new
developers can build on the land. These projects would have a low
priority.
4. Franchise fees paid by unincorporated residents should not pay for
countywide projects.
D.. Burying Power Lines tentative recommendations
This program is rated very low priority and should not be funded by any
general countywide or unincorporated area revenue sources. If a specific
area wants their power lines buried, they should establish an MSTU to pay
for it.
There being no further business for the good of the County of Collier, the meeting
was adjourned by order of the chair at 8:55a.m.
COLLIER COUNTY REVENUE COMMISSION
PRIORITIZATION OF THE FOUR UNFINANCED PRIORITIES
SUBCOMMITTEE
Janet Vasey, Chairperson
4
,F
Fiala \,./>/
Halas ~
Henning
Coyle '
Co~~I~~~t:y
- - ............
16"1
Public Services Division
Memo
DATE:
March 2, 2004
TO:
Maureen Kenyon, Minutes & Records Supervisor
FROM:
Kathy McLarty-Carpenter, Public Services Administration
~
SUBJECT: "Friends" Groups Annual Reports
Attached you will find the Annual Report for the "Friends of the Library" for October 1, 2003
thru September 30, 2003 and for "Friends of University Extension Services" for 2003.
These reports have been submitted to us in accordance with the provisions of Ordinance No. 01-
255. We are providing this to you as a courtesy copy. Please feel free to contact me if you
require any additional information or if I can be of any further assistance in this matter.
Ikrnc
Attachment
.,,,..
L. :~:C~ t__"orres:
Djte~\d-lIOY
!tcrn# \ l.Ql:e ') \ ~.
Copies To:
City or town. state or country, and ZIP + 4
NAPLES FL 34102
-Section 501(c)(3) organizations and 4947(a)(1) nonaxempt charitable
trusts must attach a completed Schedule A (Form 990 or 990-EZ).
G Web site: ~ WWW. COLLIER-FRIENDS. ORG
J Organization type
check onl one ~
K Check here if the organization's gross receipts are normally not more than
$25.000. The organization need not file a return with the IRS; but if the organization
received a Form 990 Package in the mail. it should file a return without financial data. I
Some states re ulre a com lete return. M
L Gross racei ts: Add lines 6b 8b.9b and 10b to line 12 ~ 257 972 to attach Sch. B Form 990 990-EZ or 990-PF .
HPirl4H' Revenue Ex enses and Chan es in Net Assets or Fund Balances
1 Contributions, gifts, grants, and similar amounts received:
a Direct public support . . .. . . . . . . . .. . . . .. .. . .. . . .. .. .. .. . .. .. . . .. . .. .. . . . . . . . 1 a
b Indirect public support. .. .. . .. .. .. .. . . .. . . . . . . . . . . . . .. .. . . . . .. . . . . . . .. .. .. . 1 b
c Government contributions (grants) . .. .. . .. . . . .. . . .. .. .. .. . . .. . .. . . . . . .. .. .. . 1 e
d Total(addlines1athrough1c)(cash $ 191,301 nl'ncash $ ).
2 Program service revenue including government fees and contracts (from Part VII. line 93) ......................
3 Membership dues and assessments .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Interest on savings and temporary cash investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Dividends and interest from securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6a Gross rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6a
b Less: rental expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6b
e Net rental income or (Ioss)(subtract line 6b from line 6a) .. . . .. . . .. .. . .. .. .. . .. . .. . . . .. . . . . . .. .. . .. .. .. . . . .. .
7 Other Investment income (describe ~
Sa Gross amount from sales of assets other
than Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Less: cost or other basis and sales expenses .... . . .
c Gain or (Ioss)(attach schedule) ...,............... 8e
d Net gain or (loss) (combine line 8c, columns (A) and (B)) . . . ... . . . . .. ..... . . . . .. ... . . .. . . . .. .. . . . . . . . .. .. ....
9 Special events and activities (attach schedule)
a Gross revenue (not including $ 35,006 of
contributions reported on line 1a) .. .. . . . .. .. .. .. . . . .. .. .. . . . .. .. . . . . .. . . . . . . 9a
b Less: direct expenses other than fund raising expenses ....................... 9b
e Netincome or (loss) from special events (subtract line 9b from line 9a) ................ ...................... 9c
10a Gross sales of inventory, less retums and allowances ........................ 10a
b Less: cost of goods sold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10b
e Gross profit or (loss) from sales of inventory (att. sch.) (subtract line 10b from line 10a) ... .................. ....
11 Other revenue (from Part VII. line 103) ........ ... . . ........ ..... .................. . . .... . .. .. . ........ .. ..
12 Total revenue add lines 1d 2 3 4 5 6c 7 8d.9c.10c and 11
E 13 Program services {from line 44. column (B)) ...............................................................
x
P 14 Management and general (from line 44, column (C)) ... .. . . . . . . . . . . . .. .. . . . .. .. . .. . . .. .. .. .. . . . .. . . . .. .. .. ..
~ 15 Fundraising (from line 44, column (0)) ................................................................,...
: 16 Payments to affiliates (attach schedule) ....................,..............................................
s 17 Total ex nses add lines 16 and 44 column A
A 18 Excess or (deficit) for the year (subtract line 17 from line 12) . . ....... ....... ..................., .. ... .. ......
N: 19 Net assets or fund balances at beginning of year (from line 73. column (A)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~ ~ 20 Other changes in net assets or fund balances (attach explanation) ,.,................... ~~~ . . S.~. . ~ , .
s 21 Net assets or fund balances at end of ear combine lines 18, 19. and 20
For Paperwork Reduction Act Notice, see the separate instructions.
DAA
H and I are not applicable to section 527 organizations.
H(a) Is this a group retum for affiliates? 0
H(b) If "Yes: enter no. of affiliates ~
H(c) Are all affiliates included?
'8418 11/10'120038:58 AM Pg 4
,--...
,-
FOl'm
990'
Department of the Treasury
tntemal Revenue Service
A
B Check If applicable:
Address change
Name change
Initial return
Final return
C Name of organization
FRIENDS OF THE LIBRARY OF
COLLIER COUNTY INC.
Number and street (or P.O. box If mail is not delivered to street address)
650 CENTRAL AVENUE
Room/suite
Amended return
Application pend in
527
H(d)
191
301 HH~:
1611
OMS No. 1545-0047
2002
\::~::~:':~~~f:::::,
o Employer 10 number
59-1030780
E Telephone number
239-262-8135
F Accounting method: Cash
~ Accrual 0 Other (specify)
~
Ves ~ No
..... 0" .... '0" .
Ves No
No
1d
2
3
4
5
191 301
44 382
8 041
1 189
R
.
V
.
n
u
.
SEE WORKSHEET :~Ynn
13 0 5 9~~~:~~~~::
13 059 HHH
8d
10c
11
12
13
14
15
16
17
18
19
20
21
244
200
36
26
913
821
150
395
263 366
-18 453
651 268
19 005
651 820
Form 990 (2002)
~.
16'1
8418 111O?i2~03 3:26 PM Pg 5
Form 990 (2002) FRIENDS OF THE LIBRARY OF 59-1030780 Page 2
Part II Statement of All organizations must complete column (A). Columns (B), (e), and (0) are required for section 501(c)(3) and (4) organizations
Functional EXDenses and section 4947(a 1) nonexempt charitable trusts but ootlonal for others. (See naoe 21 of the instructions.)
Do not include amounts reported on line (8) Program (e) Management (0)
6b 8b 9b 10b or 16 of Part I. (A) Total and aeneral Fundraising
services
22 Grants and allocations (attach schedule) .,
non- ....,,,,,.,,,,
(cash $ cash $ ) 22
23 Specific assistance to individuals 23
" ' ....... .. ..... .
24 Benefits paid to or for members , , , . . . , 24
... .' . . . . .
25 Compensation of officers, directors, etc. 25 37,000 12 333 12 334 12,333
. ....... ..' .....
26 Other salaries and wages 26 25,155 8 385 8 385 8,385
. .................... .... ....
27 Pension plan contributions 27
............ . ..... . .... ....
28 Other employee benefits 28
...... . ..... . ... ...... ....... .
29 Payroll taxes 29
....... ..... ......... . ... .... ... .. ... .
30 Professional fund raising fees 30
..." .. . . .... ..... ... .. " ,
31 Accounting fees 31
.... . ...... . ..... . ............ .. ..... .
32 Legal fees 32-
.... ..... .................... ......... .... .
33 Supplies 33
............................. ......... ......
34 Telephone 34
.................. ....... .................
35 Postage and shipping. . . . . . . . . . . . . . . . ' , . . . . . , , . . , . . . . . 35
36 Occupancy . . . . . . . . . . . . . ' . . . . . ' , . . . . . . . . . . . . . . . . , ' . . . 36
37 Equipment rental and maintenance . . . . . . , . . . , ' . , . , . , . . . 37
38 Printing and publications ... . . . . . . . , . . . . . . . . , . ' . , , . . . . . 38
39 Travel 39
. ... ..... ..... ............... .......... .......
40 Conferences. conventions, and meetings 40
. . . . . . . . . . . . . . .
41 Interest 41
...... ....... ........ .............. ..........
42 Depreciation, depletion. etc. (attach schedule) 42
. . . . . . . . . . .
43 Vther expenses not covered above (itemize): a 43a
..... .
b SEE STATEMENT 2 43b 201,211 180,103 15,431 5,677
............... ... .... ............ ........... ......
c 43c
...... ............. ... ... ......... ......... ........
d 43d
......... ...... .... ..... .... ...... ........... ......
e 43e
.... ......... .............. .... .......... ...... ....
44 Total functional expens.. (add lines 22 - 43). Organizations
comDletlna columns IB\..{OI. canv th.s. totals to IIn.. 13-15 44 263,366 200,821 36,150 26,395
Joint Costs. Check ~ U if you are following SOP 98-2.
Are any joint costs from a combined educational campaign and fund raising solicitation reported in (B) Program services? . . . . . . . . . . . . . . .
If "Y as.. enter (I) the aggregate amount of these joint costs $ ; (II) the amount aUocated to Program services $
(III) the smount allocated to ManllOement and general $ ; and (Iv) the amount aIoc:ated to Fundraising $
Part 11\ Statement of Pro ram Service Accom IIshments See a e 24 of the instructions.
What is the organization's primary exempt purpose?
~ PROMOTE LITERACY THROUGH LIBRARIES
All organiZations' must describe ttiefrexem 'f purpose'aCtiievemeriti;'in' a'Clear'arid 'coriCisEi mariner: stilte i1iE,ritimber . . . .. .. . . . . . . . . .. .
of dients served, publications issued, etc. Biscuss achievements that are not measurable. (Section 501 (c)(3) and (4)
o anizations and 4947 a 1 nonexem t charitable trusts must also enter the amount of rants and allocations to others.
a ., .p~qY:J:~~. . .c;:q~~:J:~~ . .c;:q~~~ . .~~~:J:~. .~.~~~:J:~$.. ~.~~~. .~9.<?~.f?.I. . . ~~,~,f?f. . . . . . . . . .
., ~. .~~g~~:J:q~. .~.~9~~~..,. ~~. .c:9.~.~~~. .c:9.~:Y. .~~.:P;;l~~~..................
BENEFIT.
~ 0 Yes ~ No
Program Service
Expenses
(Required for 501 (c)(3) &
(4) args.. & 4947(8)(1)
trusts; but optlonal'tOr
................. ........... ......... .............. .... .... .......... ...... ..... ..... ............................ ... ....
Grants and allocations $
200 821
Grants and allocations $
200,821
1"""_......... can l?On?'
b
..... ..... ................................ ..... .... ........ ................ ..... ............. ........... ......... .......
................. ................ .... ..... ....... ........... ..... .......... ..... ... .... ...................... ... ......
Grants and allocations $
c
.' ...... .... ..................... .... ......... ... ............. ........... ....... .. .......... ............... ...........
d
Grants and allocations $
e Other ro ram services attach schedule Grants and allocations $
f Total of Program Service Expenses (should equal line 44, column (B), Program services)
DAA
~
-
16 J 1
8418 11/07f2~03 3:26 PM Pg 6
Fonn 990 (2002) FRIENDS OF THE LIBRARY OF
Part IV Balance Sheets (See page 24 of the instructions.)
Note:
45
46
47a
b
48a
b
49
50
A
s 51a
s
e b
t 52
s 53
54
55a
b
56
57a
b
58
59
L 60
I 61
a 62
b 63
I
I
I 64a
t b
I 65
e
s
59-1030780
Where required, attached schedules and amounts within the description
column should be for end-of-vear amounts onlv,
Cash - non-interest-bearing , , . . , . , ' , , , . ' . ' . , , . ' , , " ,..""""""
Savings and temporary cash investments "., ' , . . ' , , . . . . ' , . . . ' . ' , ' , ,
(A)
Beainnina of vear
45
388.502 46
Accounts receivable .,."",.,."",'
Less: allowance for doubtful accounts
47a
47b
47e
2 500 48e
49
50
51e
52
1.804 53
159.952 54
5 000
2 500
Pledges receivable .,...",.',.,,'" "",.' ",. 48a
Less: allowance for doubtful accounts, , . , , , , " "" 48b
Grants receivable, , ' . . , . ' , , , . ' , ' . ' , , , . , ' , , . , . , ' , . , , . , . , , , . ' , , , , , , , . . ' , " ,.'
Receivables from officers, directors, trustees, and key employees
(attach schedule) , . , , . . , . ' . . ' , , . . , . ' . , . , ' , , ' , , . , , . . , .. " "",..,."""',,.,
Other notes and loans receivable (attach -
schedule) . . . . . . . . , . , ., . . . . , , . . . . , , . . . . . , , . , ' , . .. I 51a I
Less: allowance for doubtful accounts 51b
. ......,.... ,-
Inventories for sale or use ..."...,...........,..,..,.."....,.,",.,',.,."..,.
Prepaid expenses and deferred charges .....,............"".O"'......~....
Investments-securities,........... .~;E~" ~~.. .~. ~ Cost ~ FMV
Investments-land. buildings, and
equipment: basis .....................,....".... 55a
Less: accumulated depreciation (attach
schedule) . .. .. .. .. . , .. .. . , . .. .. .. .. . . .. . .. .. .. .. 55b
Investments-other (attach schedule) ............,.... ......,...,.....'....,.',..
Land. buildings. and equipment: basis, . . . . , , . . . . . ' , 578
Less: accumulated depreciation (attach
schedule) . . . . . . . . . . . . . . . . . . . ~~~. . .~~ . .~. . 57b
Other assets (describe ~ SEE STMT 5 )
55e
56
100 000 57e
1.208 58
653.966 59
2.698 60
61
62
63
64a
64b
65
2 698 66
271.288 67
238.203 68
141.777 69
70
71
72
651 268 73
653 966 74
100.000
Total assets (add lines 45 throuah 58\ (must eaualline 74) . .. ".. . .
Accounts payable and accrued expenses. . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . ' , . . . , . ' .
Grants payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deferred revenue
.... ....... ..... ........... ..... ........ ... ..... .... ..........
Loans from officers. directors. trustees. and key employees (attach
schedule) . . . .. .. .. . .. .. . . . .. .. . . .. . . . .. . . . . . . . . . . .. .... . . . . . . .. . . . . . . . .. ' . . . . .
Tax-exempt bond liabilities (attach schedule) ...............................,.....
Mortgages and other notes payable (attach schedule) . . . . . . . . , . . . , . . . . . , ' . . . . . . . . ' .
Other liabilities (describe ~ )
66 Total liabilities (add lines 60 throuoh 65\
Organizations that follow SFAS 117, check here ~ ~ and complete lines
67 through 69 and lines 73 and 74.
67 Unrestricted
. .......- .........-................... .......... ,. .... .............
68 Temporarily restricted. . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , , , ' . . . . . . .
69 Permanently restricted
Organizations that do not fo'li~~'sFAS'117: ~h~~k'h~~~' ....-.:.0' '~~d' , ,. , . . ., , , . , , . ,.
complete lines 70 through 74.
70 Capital stock. trust principal. or current funds ,............."".."'..',...,,.'.'
71 Paid-in or capital surplus. or land. building, and equipment fund . . . , ' . . ' , , , . . . , ' .' '.
72 Retained earnings, endowment, accumulated income, or other funds """"",.""
73 Total net assets or fund balances (add lines 67 through 69 or lines
70 through 72:
column (Al must equal line 19; column (B) must equal line 21)
74 Total liabilities and net assets I fund balances (add lines 66 ~~d '73) , , , . . ' . ' , . . . ' .
Fonn 990 Is available for public inspection and. for some people, serves as the primary or sole source of information about a
particular organization. How the public perceives an organization in such cases may be determined by the information presented
on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III. the organization's
programs and accomplishments.
DM
NF
eu
t n
d
A
s8
sa
e I
t a
sn
c
Oe
r s
Page 3
(8)
End of vear
362.578
2.500
1 391
184 143
100.000
1.208
651.820
o
248 578
261 465
141 777
651.820
651.820
8418 11/07/2~3 3:26 PM Pg 7
FRIENDS 0 TH L RARY OF
16 11
59 1030780
Form 990 (2002) F E IB - Page 4
Part IV-A Reconciliation of Revenue per Audited Part IV-B Reconciliation of Expenses per Audited
Financial Statements with Revenue per Financial Statements with Expenses per
Return (See paQe 26 of the instructions.) Return
a Total revenue. gains, & other support a Total expenses and losses per
per audited financial statements ~ a 263 918 audited financial statements ~ a 263,366
..'. . ,,0 .. '..
b Amounts included on line a but not on b Amounts included on line a but not
line 12. Form 990: on line 17, Form 990:
(1) Net unrealized gains on (1) Donated services and use
investments $ 19,005 of facilities $
(2) Donated services and use (2) Prior year adjustments
of facilities $ reported on line 20,
(3) Recoveries of prior Form 990 $
year grants $ (3) Losses reported on line 20,
(4) Other (specify): Form 990 $
....... ,... (4) Other (specify):
$ -
. . . . . . . . . . . .' .... '....
Add amounts on lines (1) through (4) ~ b 19,005 $
. . . . . . . . . . .
Add amounts on lines (1) through (4) ~ b
c Line a minus line b ~ c 244,913 c Line a minus line b ~ c 263,366
. . . . . . . . . . . . . . . . -... ......... ...
d Amounts included on line 12, d Amounts included on line 17,
Form 990 but not on line a: Form 990 but not on line a:
(1) Investment expenses (1) Investment expenses
not included on line 6b, I' not included on line 6b,
Form 990 $ Form 990 $
(2) Other (specify): (2) Other (specify):
.' .......-. . . . . . . . . . . .
. ..... ..... $ . -......... $
Add amounts on lines (1) and (2) . . , . ~ d Add amounts on lines (1) and (2) ~ d
, 00
e Total revenue per line 12. Form 990 e Total expenses per line 17, Form 990
(line c plus line d) ...... 0 , 0 0 .. .. .. , ~ e 244,913 (fine c plus line d) ~ e 263 366
Part:\l
List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; see page 26 of
the instructions.)
(B) Title and average (e) Compensation (D) Contrlb. to (E) Expense
(A) Name and address houl1l per week devoted to (If not paid, enter empl~ee beneflt account and other
position .ii..\ plans defer;red allowances
SEE STATEMENT 6
75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your
organization and all related organizations. of which more than $10,000 was provided by the related organizations? '0' 0' , 0 0 , " ' , .. ~ 0 Yes ~ No
If "Yes." attach schedule-see page 26 of the instructions.
DAA
Form 990 (2002)
8418 11I071~3 3:26 PM Pg 8
16"1
59-1030780
Form 990 (2002) FRIENDS OF THE LIBRARY OF
Part VI Other Information (See oaae 27 of the instructions.)
76 Did the organization engage in any activity not previously reported to the IRS? If "Yes: attach a detailed description of
each activity , . , , , , , . ' . , , ' , . . , , . ' , , , , , , . , ' , . , , . . , , . . , """,.."", , , , , , ' , ' . . . , , . . ' . , ' , , ' , , . ' , , . , , ' , , . , , , , ' . ' , , . , , , . , , , .
77 Were any changes made in the organizing or governing documents but not reported to the IRS? ",.."..",."."."""".""..,
If "Yes: attach a conformed copy of the changes.
78a Did the organization have unrelated business gross inc. of $1.000 or more during the year covered by tlIis return? , . , . " ,.'"",.,.,.
b If "Yes," has it filed a tax return on Form 990-T for this year? .. , ' . ' , ' , . ' , , , , . . ' , , , , , , , ' ".". ' . , ' , , , , , ,
79 Was there a liquidation. dissolution, termination, or substantial contraction during the year? If "Yes," attach a
statement
. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. ...................... ............................................
80a Is the organization related (other than by association with a statewide or nationwide organization) through common
membership. governing bodies, trustees, officers. etc., to any other exempt or nonexempt organization? .,.",..,""""""""'"
b If "Yes: enter the name of the organization ~ "",,',.,'
.: . , '~~d'~h~~k'~h~th~~'it;; . , , 'D' '1~;~:lt ~~' ,. n' '~~~~~~'~pt.
81a Enter direct or indirect political expenditures. See line 81 instr. "."""""""",., """"""
b Did the organization file Form 1120-POL for this year? ".',..,.""......".' ",.""",.""."",.""."",.,.",...,..,..
82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge
or at substantially less than fair rental value? "......"'.,.".........,'....,.,.'.',..,....,........,.,,...................,..
b If "Yes," you may indicate the value of these items here. Do not indude this amount as revenue I I
in Part I or as an expense in Part II. (See instructions in Part 111.) , . ' . , . . , . , .. . . . , . . . . , . , , , , . . . . . ' .. 82b
83a Did the organization comply with the public inspection requirements for returns and exemption applications?
b Old the organization comply with the disdosure requirements relating to quid pro quo contributions? .".,.,:::::::::::::::::::~) ~
84a Did the organization solicit any contributions or gifts that were not tax deductible? , , . . ' . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .
b If "Yes," did the organization indude with every solicitation an express statement that such contributions
or gifts were not tax deductible? N / A
85 501 (c)(4), (5), or (6) organizatio~~" ~ 'W~r~' ~~b~~~ti~iIY '~li d~'~~ ~~~'d~~dibi~ bY' ~~.:n'b~~'? . . . , . . , . . , . . . . . , . . . , . . . . , . . . . . . . 'Hi A
b Did the organization make only in-house lobbying expenditures of $2,000 or less? ,.......,.:::::::::::::::::::::::::::::::: ~)~
If "Yes. was answered to either 85a or 85b, do not complete 85c tlIrough 85h below unless the organization
received a waiver for proxy tax owed for the prior year.
c Dues, assessments, and similar amounts from members ..,..................'.................. 85c
d Section 162(e) lobbying and political expenditures. . , . . . . .. .. . . . . . . . . . . . . . . . . .. . . . .. . . .. , ' . . . . . .. 85d
. Aggregate nondeductible amount of section 6033(e)(1 )(A) dues notices ........,.................. 85e
f Taxable amount of lobbying and political expenditures (line 85d less 85e) 85f
g Does the organization elect to pay the section 6033(e) tax on the amount i~ ast?': :: ::: :::: :: ::::::: .. . . . .. . . .. .. ..... .. .. .. ~/~
h If section 6033(e)(1 )(A) dues notices were sent, does the organization agree to add the amount in 85fto its reasonable
estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .... ....,..,..,..... ~/ ~
86 501 (c)(7) orgs. Enter: a Initiation fees and capital contributions induded on line 12 ....'...... .. ..... 86a
b Gross receipts, induded on line 12. for public use of dub facilities. . . . . . .. . . . . . . . . . . . . . .. . . . , . . . . . . 86b
87 501(c)(12) orgs. Enter: a Gross income from members or shareholders ........................... 87a
b Gross income from other sources. (Do not net amounts due or paid to other
sources against amounts due or received from them.) .... , . . . . . . . , . . . . . . , . . , . . . . . . . . . . . . . , . . . . . . 87b
88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or
partnership. or an entity disregarded as separate from the organization under Regulations sections
301.7701-2 and 301.7701-3? If "Yes: complete Part IX......,.........,.,.....,.......................".....,.........,......
89a 501 (c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under:
section 4911 ~ 0 ; section 4912 ~ 0 ; section 4955 ~
b 501 (c)(3) and 501 (c)(4) orgs. Did the organization engage in any section 4958 excess benefit transaction
during the year or did it become aware of an excess benefit transaction from a prior year? If "Yes: attach
a statement explaining each transaction '....,..,.'....".".""....,...,.'""""..""""....""".,..""."""""..
o
Pace 5
Ves No
76 X
77 X
78a X
78b
79 X
80a X
81b X
82a X
83a X
83b
84a X
84b
85a
85b
85e
85h
88 X
89b X
DM
8418 1110m~03 3:26 PM Pg 9
16' 1
Form 990 (2002)
FRIENDS OF THE LIBRARY OF
59-1030780
Page 6
Part VII Analysis of Income-Producina Activities (See paQe 31 of the instructions.)
Note: Enter gross amounts unless otherwise Unrelated business income Exdudedbvsec. 512, 513,or514 (E)
indicated. (A) (8) (e) (0) Related or
Business code Amounl ExClusion Amount exempt function
93 Program service revenue: code income
a SALES - BOOKS & BAGS 5 16 637
b SALES - COPIER & VENDING 3 27 745
c
d
e
f Medicare/Medicaid payments , , . . . , ...- ,-..... . ....... ....
9 Fees and contracts from government agencies .. ....... .,..
94 Membership dues and assessments. , , , , , . . . ' . . . . .
.... ..'
95 Interest on savings and temporary cash investments 14 8,041
. . . . . . .
96 Dividends and interest from securities 14 1,189
.... .. ... ..... , . ....
97 Net rental income or (loss) from real estate:
a debt-financed property ......... .-.......-. ... ........ ....
b not debt-financed property. , . . , , . . . . , . . . . . . . . . . , . . . . , . , . . .
98 Net rental income or (loss) from personal property . . . . . . . . . .
99 Other investment income
....... ......... .... ......... ,...
100 Gain or (loss) from sales of assets other than inventory
101 Net income or (loss) from special events
.... -....,... ......
102 Gross profit or (loss) from sales of inventory
...... .... ......
103 Other revenue: a
b
c
d
<<0
104 Subtotal (add columns (B), (D), and (E)) 0 53,612 0
.... ....., ... .....,
105 Total (add line 104, columns (B), (D), and (El) . . . . . . . . . . . . , . . . ' . . . . . ' . , . . . . , ' . ... . ' . . . . . . . . . . . . . .. . . . . . . . . . .. , . . , ., ~ 53 , 612
Note: Une 105 plus line 1d, Part I, should equal the amount on line 12, Part I.
Part VIII Relationshi of Activities to the Accom Iishment of Exem t Pur oses See a e 32 of the instructions.
LIne No. Explain how each activity for which income Is reported In column (E) of Part VII contributed importantly to the accomplishment
. of the 0 anization's exem t u oses other than b rovidin funds for such u
NA
Taxable Subsidiaries and Dlsre arded Entities
(B)
Percentage of Nature of activities
owners hi interest
See a e 32 of the instructions.
(0)
TotallOcome End-of-year
assets
0;'
"Ic
0;'
No
No
Part X Transfers Associated with Personal Benefit Contracts See
(a) Old 1he organization, during lhe year. receive any funds, directly or indirectly, to pay premiums on a pensonal benefit contract? .....,......'.......
(b) Old the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? , . . . . . , . , , , . . . . , . . . . . . . .
Note: if "Yes" to b file Form 8870 and Form 4720 see instructions.
Please
Sign
Here
Under penalties of perjury, I declare that I have examined lhls return, including accompanying schedules and stalements, and to lhe best of my knowledge
and belief, it is lrue, correct, and complete. Declaration of preparer (olher than officer) is based on all information of which preparer has any knowledge.
I
~ Signature of offlcer
~
Dale
Paid
Preparer's
Use Only
Preparer's .... [l jl ~ () "-
si nature r t TT
Firm's name (or yours ~
if self-employed), r
cfJ
GIRARDIN
6216 TRAIL
NAPLES FL
Aate
I/'{O'O
BRIANT & BALDWIN
BLVD N
34108
Preparer's SSN or PTIN (See Gen. Instr. W)
P00093306
EIN ~ 01-0752685
T e or rint name and tiUe.
address, and ZIP + 4
Phone
= ~ 239-597-9911
Form 990 (2002)
OAA
"-
-
16, 1
8418 11107ti:q~3 3:26 PM Pg 10
Department of the Treasury
Internal Revenue Service
Organization Exempt Under Section 501 (c)(3)
(Except Private Foundation) and Section 501(e), 501(f), 501(k),
501(n), or Section 4947(a)(1) Nonexempt Charitable Trust
Supplementary Information-(See separate instructions.)
... MUST be completed bv the above oraanizations and attached to their Form 990 or 990-EZ
Employer Identification number
OMB No. 1545-0047
SCHEDULE A
(Form 990 or 990-EZ)
2002
Name of the organization
FRIENDS OF THE LIBRARY OF
COLLIER COUNTY. INC. 59-1030780
Part I Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees
(See paqe 1 of the instructions. List each one. If there are none enter "None."
(a) Name and address of each employee paid more (b) Title and average hours (d) Contributions to (e) Expense
(e) Compensation employee ben. plans & account and other
than $50.000 per week devoted to position deferred comoensation allowances
NONE
................ . ......',. . .... . . . . . . . . . . . . . . . . . . . . . . . ....' .
..... ...... '.... ,_.... ..... .............. ........... .... ....
.- ..... ...... ...... '.- '........ ........... ..... ....'.......-
...................... ........................'... ..........
.. ............. ... ................. ............... ..........
Total number of other employees paid over ..
$50 000 ... ',.
P'artll.,
Compensation of the Five Highest Paid Independent Contractors for Professional Services
(See paqe 2 of the instr. List each one (whether individuals or firms). If there are none enter "None. ")
(a) Name and address of each Independent contractor paid more than $ 50,000 (b) Type of service (e) Compensation
NONE
.. .... ............ ..... ..... ...... .... ... ............. ...... ...... ......... ...............
.. .... ... .......... .... ..... ..... ..... ..... .... ............. ..... ....... .... .... ..... .....
... ..... ... .... ....... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .....
.. .... ....... ............... .......... ........... .. .. .... .......-. . ...... .. ....... ..... ..
... ... ...... ... ........ ..... . . . . . . . . . . . . . . . . . . . . . . . .... .. ..... .. ' , . . . . . . . ... ..... .... .....
Total number of others receiving over $50,000 for ...1
professional services .. .. . . , , ... . ,
For Paperwork Reduction Act Notice. see the Instructions for Form 990 and Form 990-EZ.
Schedule A (Form 990 or 990-EZ) 2002
DAA
8418 11107~3 3:26 PM Pg 11
-
1611
59-1030780
PaQe 2
Schedule A (Form 990 or 990-EZ) 2002
FRIENDS OF THE LIBRARY OF
Part III
Statements About Activities (See page 2 of the instructions.)
Yes No
1 During the year, has the organization attempted to influence national. state, or local legislation. including any
attempt to influence public opinion on a legislative matter or referendum? If .Ves," enter the total expenses paid
or incurred in connection with the lobbying activities ~ (Must equal amount on line 38,
Part VI-A, or line I of Part VI-B.)
Organizations that made an election under section 501 (h) by filing Form 5768 must complete Part VI-A. Other
organizations checking "Yes," must complete Part VI-B AND attach a statement giving a detailed description of
the lobbying activities.
2 During the year, has the organization. either directly or indirectly, engaged in any of the following acts with any
substantial contributors, trustees, directors, officers, creators. key employees, or members of their families, or
with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority
owner, or principal beneficiary? (If the answer to any question is "Ves," attach a detailed statement explaining the
transactions.)
a Sale, exchange, or leasing of property? . . , . . . . , ' , . , , ' , ' , ' , ' , ' , ' , , . , , . , , , , , , , , . , , ' , , , , , , ' . , , , , . . , . ' . ' , . , , .' """""""'".
x
2a
x
b
Lending of money or other extension of credit?
2b
x
c
Furnishing of goods, services, or facilities?
2c
x
d
Payment of compensation (or payment or reimbursement of exp. if more than $1 ,ooo)?
2d
x
e
Transfer of any part of its income or assets?
2e
x
3 Does the organization make grants for scholarships, fellowships, student loans, etc.? (See Note below.) .".",....",....,.,.,...,. 3 X
4 Do you have a section 403(b) annuity plan for your employees? ...,,'.....'...,....'..............................,..,.......,. 4 X
filiate: Attach a statement to explain how the organization determines that individuals or organizations receiving grants i ,..
or loans from it in furtherance of its charitable oroarams "aualify" ta receive oavments.
Part IV
Reason for Non-Private Foundation Status (See pages 3 through 5 of the instructions.)
anization is not a private foundation because it is: (Please check only ONE applicable box.)
A church. convention of churches, or association of churches. Section 170(b)(1 )(A)(i).
A school. Section 170(b)( 1 )(A)(ii). (Also complete Part V.)
A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(i1i).
A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v).
A medical research organization operated in conjunction with a hospital. Section 170(b)(1 )(A)(iii). Enter the hospital's name, city,
The 0
5
6
7
8
9
10
and state ~
D An organization '~p~;~~' fur' th~ ~~~flt ~f~' ~il~~'~; ~~'i~~;~iiY ~~~~d'~; ~~r~~d' bY'~ g~~~~~~~~i ~~it. 's~di~~'170(b)('1')(A)(I~)" . . . . . . . . . . . . . . . .
(Also complete the Support Schedule in Part IV-A.)
~ An organization that normally receives a substantial part of its support from a governmental unit or from the general public.
Section 170(b)(1 )(A)(vi). (Also complete the Support Schedule in Part IV-A.)
o A community trust. Section 170(b)(1 )(A)(vi). (Also complete the Support Schedule in Part IV-A.)
D An organization that normally receives: (1) more than 33 1/3% of its support from contributions, membership fees, and gross
receipts from activities related to its charitable. etc., functions-subject to certain exceptions, and (2) no more than 33 1/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired
by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV-A.)
o An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations
described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6). if they meet the test of section 509(a)(2). (See
section 509(a){3).)
Provide the followina information about the suooorted oraanizations. (See oaoe 5 of the instructions.)
11a
11b
12
13
(a) Name(s) of supported organization(s)
(b) Line number
from above
!i.-n An orqanization orqanized and operated to test for public safety. Section 509(a)(4), (See paqe 5 of the instructions.)
DAA Schedule A (Form 990 or 990-EZ) 2002
16'1
Schedule A (Form 990 or 990-El) 2002 FRIENDS OF THE LIBRARY OF 59 -1 030780
Part IV -A Support Schedule (Complete only if you checked a box on line 10, 11. or 12.) Use cash method of accounting.
8418 111071~03 3:26 PM Pg 12
..........,
Page 3
Note: You mav use the worksheet in the instructions for convertina from the accrual to the cash method of accountin
Calendar vear lor fiscal vear bealnnlna In\ ~ tal 2001 Ibl 2000 Icl 1999 Idl 1998 leI Total
15 Gifts. grants. and contributions
received. (Do not include unusual
arants. See line 28.) 125.452 149 198 349.850 235 551 860.051
16 Membershio fees received
17 Gross receipts from admissions, merchandise
sold or services performed, or furnishing of
facilities in any activity that is related to
the oraanization's charitable, etc., Durnose 48.337 35 150 38 876 88 459 210 822
18 Gross inc. from into dividends, amounts
received from pymt on securities
loans (section 512(aX5}), rents, royalties, &
unrelated busn. taxable inc. (less
sec. 511 taxes) from businesses acquired
bv the oraanization after June 30, 1975 ... . 9.637 47 523 27 342 14.150 98.652
19 Net income from unrelated business
activities not included in line 18 '" ... .
20 Tax revn. levied for the organization's ben.
& either oaid to it or exoended on its behalf
21 The value of serv. or lact furnished to the
org. by a governmental unit without charge.
Do not ind. the value of serv. or lac. gen-
erallv furnished to the Dublic without chame
22 Other income. Attach a schedule. Do not
include gain or (loss) STMT 7 446 651 1.097
from sale of cae. assets
23 Total oflines 15 throuah 22 . . , . , , . . . . . 183.426 231.871 416.514 338.811 1.170.622
24 Une 23 minus line 17 ,........"..", 135.089 196.721 377.638 250.352 959.800
25 Enter 1 % of line 23 ""'"'''''''''' 1.834 2.319 4.165 3.388
26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e). line 24 ~ 26a 19.196
. ......... ....".....-. ,
b Prepare a list for your records to show the name of and amount contributed by each person (other than a
governmental unit or publidy supported organization) whose total gifts far 1998 through 2001 exceeded the
amount shown in line 26a. Do not file this list with your return. Enter the total of all these excess amounts . . . . . . . . . . . ~ 26b
c Total support for section 509(a)(1) test: Enter line 24. column (e) ...............,.................................. ~ 26c 959.800
d Add: Amounts from column (e) for lines: 18 98,652 19
22 1,097 26b ~ 26d 99.749
. '" ........
e Public support (line 26c minus line 26d total) ...............,.................,.....,............................ ~ 26e 860.051
f Public sun~ oercentaae (line 268 Inumerator\ divided bv line 26c Idenomlnator\\ ,.........................' ~ 26f 89.6073%
27 Organizations described on line 12: a For amounts included in lines 15. 16, and 17 that were received from a "disqualified
person," prepare a list for your records to show the name of, and total amounts received in each year from, each "disqualified person."
Do not file this list with your return. Enter the sum of such amounts for each year:
N/A
(2001) ....................... (2000) .. .. .. .. .. ' .. .. .. .. .. . .. (1999) . .. .. .... .. .. .. . .. .. .. (1998) .. .. .. .. ... , .. .... .. . .. .
b For any amount induded in line 17 that was received from each person (other than "disqualified persons"), prepare a list for your records to
show the name of. and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000,
(Include in the list organizations described in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing
the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess
amounts) for each year:
(2001) ..,........,........,.. (2000) .. , . , ' . .. , . , , ' , , .. , .. , . ,
c Add: Amounts from column (e) for lines: 15 16
17 20 21 ~ 27c
. ..... ......
d Add: Line 27a total and line 27b total , '........,. ~ 27d
e Public support (line 27c total minus line 27d total) , . , . . , , , . , ' , . . . , , , . . . . ' , , . .. ..,....,.,.'.....,.,'. ~ 27e
f Total support for section 509(a)(2) test: Enter amount on line 23. column (e) '..., ~ 27f
g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) , . , . . . . , . . . . . . ' , , . . . . . . . . ' . , . ~ 27
h Investment income rcenta e line 18 column e numerator divided b line 27f denominator ~ 27h
28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1998 through 2001,
prepare a list for your records to show. for each year, the name of the contributor. the date and amount of the grant, and a brief
deScription of the nature of the ~rant. Do not file this list with your return. Do not include these grants in line 15.
Schedule A (Form 990 or 990.EZ) 2002
N/A
(1999) .,'........,.."..,.."
(1998)
%
%
OM
8418 111071~3 3:26 PM Pg 13
Schedule A (Form 990 or 990-EZ) 2002 FRIENDS OF THE LIBRARY OF
Part V Private School Questionnaire (See page 7 of the instructions.)
-
-,
59-lolla> , 1
Page 4
(To be completed ONLY bv schools that checked the box on line 6 in Part IV)
29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter. bylaws, N / A Ves No
other governing instrument, or in a resolution of its governing body?, ""."",." , , . ' , , ' , , , ' , ' , , , , . , , , ' , . , , ' .' ,'....,.,.,.. 29
30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its
brochures, catalogues, and other written communications with the public dealing with student admissions,
programs, and scholarships? """"""""'.".."".",.."""",."".",. ","""'.,."""""""""'" , , , , , , 30
31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during
the period of solicitation for students, or during the registration period if it has no solicitation program, in a way
that makes the policy known to all parts of the general community it serves? """""""',"""""""""'" "",.,.' "." 31
If "Yes," please describe; if "No," please explain. (If you need more space, attach a separate statement.)
32 Does the organization maintain the following: -
a Records indicating the racial composition of the student body, faculty, and administrative staff? ...................,.,.'......".", 32a
b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory
basis? ......""..........,....,.,.,."'..,.....,.,...,."..,.,.",....,.,.,,'..........,.,...........,.'.,,............. 32b
c Copies of all catalogues. brochures, announcements. and other written communications to the public dealing
with student admissions, programs, and scholarships? ....'.................,'.,...."......."..........,..,..""".,.,,'.., 32c
d Copies of all material used by the organization or on its behalf to solicit contributions? , , . . . . . . , . , . , . . ' . , ' , . . . . . . , , , . . . . , . . . . . . . . . . , 32d
If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.)
33 Does the organization discriminate by race in any way with respect to:
a Students' rights or privileges?
33a
b Admissions policies?
33b
c Employment of faculty or administrative staff?
33(:
d Scholarships or other financial assistance?
33d
8 Educational policies?
338
f Use of facilities?
33f
g Athletic programs?
33a
h Other extracurricular activities? 33h
If you answered "Yes" to any of the above, please explain. (If you need more space, attach a separate statement.)
34a
Does the organization receive any financial aid or assistance from a governmental agency?
34a
b Has the organjzation's right to such aid ever been revoked or suspended? , , '. ' , . ' , , .
If you answered "Yes" to either 34a or b. please explain using an attached statement.
34b
35
Does tlIe organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev.
Proc. 75-50 1975-2 C. B. 587, coverine racial nondiscrimination? If "No" attach an exolanation , '
35
Schedule A (Form 990 or 900-EZ) 2002
DM
8418 11107'1~3 3:26 PM Pg 14
,-
-
16, 1
Part VI-A
PaQe 5
Check ~ a
Limits on Lobbying Expenditures
(a)
Affiliated group totals
(b)
To be completed
for AlL electing
organizations
The term "ex enditures" means amounts aid or incurred.
36 Total lobbying expenditures to influence public opinion (grassroots lobbying) , , , , , , , , , . . , . . , . .
37 Total lobbying expenditures to influence a legislative body (direct lobbying)
38 Total lobbying expenditures (add lines 36 and 37) . , , . . , , . ' , , . , ,
39 Other exempt purpose expenditures, , , , , , , , , . , . , , , , . , . . , , , , , , ' , . , . . ,
40 Total exempt purpose expenditures (add lines 38 and 39) . . , . , . , , ' , ' , , . . . ' , , ,
41 Lobbying nontaxable amount. Enter the amount from the following table-
If the amount on line 40 is. The lobbying nontaxable amount is-
Not over $500,000 , . . . . . , . , . , . ' 20% of the amount on line 40
Over $500,000 but not over $1,000,000 $100,000 plus 15% of the excess over $500,000
Over $1,000,000 but'not over $1,500,000 $175,000 plus 1 O%-of the excess over $1,000,000
Over $1,500,000 but not over $17,000,000 $225,000 plus 5% of the excess over $1,500,000
Over $17 ,000,000 .. . . . . . . . . . . , .. .. .. , . , $1,000,000 .. , , , .. , ' , ' . . , .. . , .. .. . .. . .. . ..
42 Grassroots nontaxable amount (enter 25% of line 41) "...........""",'..........,
43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36
44 Subtract line 41 from line 38. Enter -0- if line 41 is more tlIan line 38
36
37
38
39
40
41
42
43
44
Caution: If there is an amount on either line 43 or line 44 ou must file Form 4720.
4-Year Averaging Period Under Section 501(h)
(Some organizations that made a section 501(h) election do not have to complete all of the five columns below.
See the instructions for lines 45 throuoh 50 on Daoe 11 of the instructions.)
Lobbying Expenditures During 4-Vear Averaging Period
Calendar year (or (a) (b) (c) (d) (e)
fiscal vear bealnnina inl ~ 2002 2001 2000 1999 Total
45 Lobbvina nontaxable amount ,..,. _ .
46 Lobbying celling amount (150% of
line 45Ie))
47 Totallobbvina exoenditures . . . . . . . .
48 Grassroots nontaxable amount .....
49 Grassroots ceiling amount (150% of
line 481e)) . , , . ..... . ......... ..
50 Grassroots lobbvina exoenditures
PartVI..B Lobbying Activity by Nonelecting Public Charities
For re ortin onl b or anizations that did not com lete Part VI-A
During the year, did the organization attempt to influence national, state or local legislation, induding any
attempt to influence public opinion on a legislative matter or referendum, through the use of:
a Volunteers
......... ...... ... ......... ........... ......... .... -, .... ..,... -,.... ............ .... .......
b Paid staff or management (include compensation in expenses reported on lines c through h.) '...'.....",..,..
c Media advertisements
.... .... ...... ......... ........... .................. .............. .... .......
d Mailings to members, legislators. orthe public , . , _ , ' . . . . ' , , , , , . , , , , . , _ . . . . , , , . . , . . , . . ' . , _ . . . . . . . . _ . , ,
e Publications, or published or broadcast statements , , . . . . . . . , . . , , , . . . . , , . , ' , , . , , , , , , . . , , . _ , _ ' . . . , ' . . . . . . . ,
f Grants to other organizations for lobbying purposes _, _ . . . , , . , , , , . , . , . . . . . . , . , , , , . . . . . . . . . . . . . , . . . . ,
9 Direct contact with legislators, their staffs, government officials, or a legislative body ,...........',. _ . . '
h Rallies, demonstrations. seminars, conventions, speeches, lectures, or any other means ",......,
I Total lobbying expenditures (add lines c through h. ) . , , , , ' , . , , , , . , , . . . ' . . . . . . . , ,
If "Ves" to any of the above, also attach a statement Qiving a detailed description of the lobbying activities.
e 11 of the instr.
Ves No
Amount
Schedule A (Form 990 or 990-EZ) 2002
OAA
16' 1
Schedule A (Form 990 or 990-EZ) 2002 FRIENDS OF THE LIBRARY OF 59-1030780
Part VII Information Regarding Transfers To and Transactions and Relationships With Noncharltable
Exempt Organizations (See page 12 of the instructions.)
51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section
501 (c) of the Code (other than section 501 (c)(3) organizations) or in section 527, relating to political organizations?
a Transfers from the reporting organization to a noncharitable exempt organization of:
(I) Cash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(II) Other assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Other transactions:
(I) Sales or exchanges of assets with a noncharitable exempt organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(II) Purchases of assets from a noncharitable exempt organization . . . . . . . . . . . . . . . . . . . . . . . . .
(III) Rental of facilities, equipment, or other assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Iv) Reimbursement arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) Loans or loan guarantees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi) Performance of services or membership or fund raising solicitations . . . . . . . . . . . . . . . . . . . . . . .
c Sharing of facilities, equipment, mailing lists, other assets, or paid employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the
goods, other assets, or services given by the reporting organization. If the organization received less than fair market value in any
841611107J2~03 3:26 PM Pg 15
-
-..
Page 6
Yes No
X
X
X
X
X
X
X
X
X
c
transaction or sharina arranaement, show in column (d) the value of the aoods other assets or services received:
(a) lb) Ie) (d)
Line no. Amount involved Name of noncharitable exemot oraanization Descriotion of transfers, transactions, and sharlna arranaements
N/A
52a
Is the organization directly or Indirectly affiliated with, or related to, one or more tax-exempt organizations
described in section 501 (c) of the Code (other than section 501 (c)(3)) or in section 5277
b If"Y I f
~
o Yes ~ No
es complete the ollowina schedule:
(a) (b) (e)
Name of oraanizatlon Tvoe of oraanizatlon Descriotion of relatlonshlo
N/A
DAA
Schedule A (Form 990 or 990-EZ) 2002
8416 11107~03 3:26 PM Pg 16
-
16, ]
Form 990
Special Events Schedule
10 01 02 ,and endin
Name Employer Identification Number
FRIENDS OF THE LIBRARY OF
COLLIER COUNTY INC. 59-1030780
2002
(A) (B) (e) Others Total
Gross receipts 48,065 0 0 0 48,065
Less contributions 35,006 0 0 0 35,006
Gross revenue 13,059 0 0 0 13,059
Less direct expenses 13,059 0 0 0 13,059
Net income (loss) 0 0 0 0 0
Descriptions
A) MARCO ISLAND FUNDRAISER
B)
C)
Others
011I h ..
8418 fRIENDS OF THE L1BRAf .JF ~ tii'2oc 3 "":26 PM
59-1030780 Federal Statements Page 1
FYE: 9/30/2003
Statement 1 . Form 990, Line 20 . Other Chanaes in Net Assets or Fund Balances
Description Amount
UNREALIZED GAINS ON INVESTMENTS $ 19,005
TOTAL $ 19,005
Statement 2 - Form 990. Part II, Line 43 - Other Functional Expenses
Total Program Mgt& Fund-
Description Expenses Service General Raising
$ $ $ $
EXPENSES
ADVERTISING & MARKETING 4,626 4,626
BANK CHARGES 128 43 42 43
BOOKS & MATERIALS 161,072 161,072
COMPUTER 319 106 107 106
COPIER MAINTENANCE 8,133 8,133
INSURANCE 3,778 1,260 1,259 1,259
OFFICE & ADMINISTRATION 16,867 8,469 4,164 4,234
PLAQUES 1,020 1,020
PROFESSIONAL FEES 5,268 5,233 35
TOTl\L $ 201,211 $ 180,103 $ 15,431 $ 5,677
Statement 3 . Form 990, Part IV, Line 54 . Investments in Securities
Beginning End of Basis of
Description of Year Year Valuation
US AND STATE GOVERNMENT
79,133 79,951 MARKET
CORPORATE STOCK
80,819 104,192 MARKET
159,952 184,143
Statement 4 - Form 990, Part IV, Line 57 . Land, Buildinas, and Eauipment
Deseription
Be(inning Aeeum End of Accum
o Year Deprec Year Depree
LAND
$ 100,000 $ $ 100,000 $
TOTAL $ 100,000 $ 0 $ 100,000 $ 0
1-4
8418 :FRIENDS OF THE L1BRJ..
. .
59-1030780
FYE: 9/30/2003
,'OF
Federal Statements
1
.-"
Statement 5 . Form 990, Part IV. Line 58 . Other Assets
Description
ACCRUED INTEREST
TOTAL
Beginning
of Year
$ 1,208
$ 1,208
End of
Year
$ 1,208
$ 1,208
Statement 6 - Form 990, Part V . List of Officers, Directors, Trustees, and Key Employees
Average
Name Title Hours Comp Benefits E
Address City, State, Zip
JAY WOLFF PAST PRES. AS NEEDED 0 0
NAPLES, FL
HELEN ECKHARDT PRESIDENT AS NEEDED 0 0
NAPLES, FL
J. ROBERT VERBESEY VICE PRES. AS NEEDED 0 0
NAPLES, FL
CHARLES KESSLER TREASURER AS NEEDED 0 0
NAPLES, FL
SHARYN W. SHUBERT SECRETARY 40 37,000 0
NAPLES, FL
RICHARD H. BENSON EX OFFICIO AS NEEDED 0 0
NAPLES, FL
FRANK H. CULLEN EX. DIRECTOR AS NEEDED 0 0
NAPLES, FL
WADE KELLER DIRECTOR AS NEEDED 0 0
NAPLES, FL
ROBERT L. CHARTRAND DIRECTOR AS NEEDED 0 0
NAPLES, FL
THOMAS E. DONEGAN DIRECTOR AS NEEDED 0 0
NAPLES, FL
YOLANDE C. HSU DIRECTOR AS NEEDED 0 0
NAPLES, FL
BARBARA A. RUDNICKI DIRECTOR AS NEEDED 0 0
NAPLES, FL
IRENE DOUGHTY DIRECTOR AS NEEDED 0 0
NAPLES, FL
NICK NILES DIRECTOR AS NEEDED 0 0
NAPLES, FL
CHRIS PAPADOPOULOS DIRECTOR AS NEEDED 0 0
NAPLES, FL
ROBERT A. SHIFF DIRECTOR AS NEEDED 0 0
NAPLES, FL
PATTI A. BYERS DIRECTOR AS NEEDED 0 0
NAPLES, FL
ARDYN J. LONG DIRECTOR AS NEEDED 0 0
NAPLES, FL
NICK LINN DIRECTOR AS NEEDED 0 0
NAPLES, FL
AMY L. SCHNEIDER DIRECTOR AS NEEDED 0 0
NAPLES, FL
PAUL E. SEBASTIAN DIRECTOR AS NEEDED 0 0
NAPLES, FL
5-6
7
-.
8418 'FRIENDS OF THE LIBRA.
59-1030780
FY.E: 9/30/2003
OF
Federal Statements
Form 990. Part I. Line 1a - Direct Publie Support
Deseription
CONTRIBUTIONS FROM EVENTS
TOTAL
$
$
Cash
35,006 $
35,006 $
Noncash
$
o $
Total
35,006
35,006
Special Events Direct Expenses
Description
Amount
COLUMN A
MARCO ISLAND FUNDRAISER
FUNDRAISING EXPENSES
SUBTOTAL
$
13,059
13,059
TOTAL
13,059
DIRECT EXPENSES OTHER THAN FUNDRAISING EXPENSES
REPORTED ON FORM 990, PAGE 1, LINE 9B.
16'1
....\\ ..'"\ UNIVERSITY OF
i . /I'''} FLORIDA
January 23, 2004
Collier County
14700 Immokalee Rd
Naples, FL 34120
Tel: (239) 353-4244
SUN: 974-5098
Fax: (239) 353-7127
EXTENSION
Institute of Food and Agricultural Sciences
John Dunnuck
Administrator, Public Services
3301 East Tamiami Trail, Bldg. H.
Naples, FL 34112
" ,..."""""""'C\J?"o!:\~""","",'1-,.,,,.,'~"'l,I'.r";';:.:<llO<"""~""~'t--,,"=..,''''';f''l
HEI:~EI\/U) "
G~~.~~~J '
PtJF3L1C SERV!CE~t I
_~~W
Dear Mr. Dunnuck:
It is a pleasure to have this opportunity to share with you the results of the 2003 funding
efforts done for the University Extension.
These efforts include:
. $4,700 Collier County Ag Tour
. $15,000 Farm City Week Barbecue with the best turn out ever.
. $6,000 The very successful, 1st annual Garden Show with 1400 attendees.
. $80,000 Fund raising efforts for the Horticulture Learning Center include
monetary contributions of $46,000 and an additional $24,000 of in-kind
donations.
. $12,000 FastTrac was proud to have the opportunity to train 184 Florida Veterans
in collaboration with General Henry, of The Veterans Corporation.
Through these efforts we have been able to fund: trips for 4-H' ers, and leaders to
regional, state and national competitions; volunteer recognition and money management
calendars for low income families. By far the largest expenditure was $59,800 for
Naida's Native Plant Garden and the Garden of the Senses for gardeners with disabilities.
After a design cost of $2100 construction on the Aquatic Garden & Native Wetland
Garden will begin. With the construction of the Learning Pavilion this will be a busy
year.
The following are the beginning, ending, income, and expense figures for the year
provided by our treasurer, Marve Ann Alaimo. See copy attached.
Beginning Balance January, 2003
Income 2003
Disbursements 2003
Ending Balance Deeember 31, 2003
$201,784.12
$324,133.32
$331,439.48
$194,477.96
~e Instit,ute ofH~It~C&I"UltJis~~l\~J!V"~~llalffila8pljs~ l!IIdpliqilllJa.~idoq>rovide research, educational
mformation and other servIces only to mdlvlduals and mshtuhons that funchon without regard to race, color, sex, age, disability or national origin. U.S. Department of
Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County
Commissioners Cooperating.
1611
In 2003 volunteer hours were 44,534 and this is equivalent to twenty one full time
employees. At the Center for Volunteer's estimated cost per hour of $16.54 that adds up
to $736,592.00 in contributions made.
We are excited about our public / private partnership and the value we add to County
efforts. We appreciate your on going support for all of Extension's programs. In my
crystal ball for 2004 I see a lot of garden dedications.
TG:mh
Ene.
C')
o
o
C\I
t::
c 0
o C-
"w 0)
ca:
o)+-'
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11
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Public Services Division
Memo
RECEIVED
MAR 1 '7 2004
DATE:
March 12, 2004
~oarcl of County Cornrai ss loners;
TO:
Maureen Kenyon, Minutes & Records Supervisor
FROM:
Kathy McLarty-Carpenter, Public Services Administration
p(
SUBJECT: "Friends" Groups Annual Reports
Attached you will find the Annual Reports for the "Friends of the Parks" as follows:
Friends of Barefoot Beach Preserve
Friends of Tigertail
Friends of East Naples Community Park
Friends of Vineyards Community Park
Friends of Veterans Park
These reports have been submitted to us in accordance with the provisions of Ordinance
No. 01-255. We are providing this to you as a courtesy copy. Please feel free to contact me
if you require any additional information or if I can be of any further assistance in this
matter.
Ikmc
Attachments
r ..
1,1, "~~. COlf{:S:
,wld~~
\~}\~?-
To:
1 6r f-7~,-
~NDSOFBAREFOOTBEACHPRESERVE
FAX TRANSMISSION (from Fax# 941-992-7517)
DATE I /7/19'/
TO: /If t/,(J ib 5/111 r H @ FAX#
RE: . If tc 0/2 ilf" 7'"' SA -rerne:N7'"S ~t2
3S-3-/oc,2
p;z 1~'j)S
----..-
FROM: _TOM CROWE, VICE PRES./PRDIRECTOR (ph#941-495-138')
TOTAL # of PAGES, includinz this cuver sheer 3--
COMMENTS:
MUAeVO
J,/ife 7f&s /1 el-Pf' .I
~
H3 38\;1d
3MO~~ N~MO~ ~31NnH
LlgLGbblPb bp:pl pg0GILg/10
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an fifth Third Ii "',
HOIUP"
".0. aQX "1301' NAI'I.IIi FL )"10'-JO:al
- -
-
I. .11..1..... .n, .11 111.1..1..'" ...11... .1.1 II .l.II......'...
"
1 , /0' liI,foI,..,\NC.E
3 CEPOSliS
!J WITHOFIAWALSfFfil:lS
IN1ERIST EARNEC
INT~EST WITHHELD
11/30 BALANCE
'.1581.12
2.41800
,., 14
-
rllENDS OF .AQEFOOl 5raCH
PRESI!lIVE ltlC
23730 5TO~VRIV!~ PI.
BCl,.1T1. SPR1Nl;;S FI. 341::18-400'5
:J 1 9 , 1 /03
321 11/:2'
A""OUNT
510.13
189.53
Cl-IECl(---DATE
323 1'/11
324 ,'/'4
"IIKlUNT
13tl."
'2.00
CH[CK--oATE
10, '44. ll!
-a_aU""T
ClolECI(~ATE
.
DA;~______----AMOUNT--
~ESCR1PT10N
,,/13 ',438,00+ D~POSIT
"1'4 4.20 S!~VICE eHA~~f
"/20 140.00+ oepOi1T
"/26 IAO.OO+ OEPg5IT
"._"._._-_._--~------- _.__.._..__.._--~..._-
. OAILY aAI.ANCE-----o. --calLY 8AI.ANCr-----o . CAll.V
,..----._~_.__._-
DalL~ BAI.ANCE-----.
BALANCE-O ·
11/03
11/13
8 , 071 . filii 1 1/ , 4
9.!l,8.le ,'/17
Sl,41UI.48 , ,nO
8. '13.'1 t '/21
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FRIENDS OF BAREFOOT Bt..rl.CH PRESERVE
Reoort of Hours:
Month # Visitors Docent arden Mise/Trail
October
o
41
67
27
November 381 115 29
95
25
December 1434 338 37
47 27
35
61
January
2419 434 57
49 41
February
3193 379 58
26 31
39
March
3133 383 30
26 34
80
April
2847 281 87
29 14
46
May
72
12 8
53
I. ........ .. I
June
... . ... ......
Note: June-July-Aug-Sept:
Specific details on hours are
Not recorded by category
during the summer months.
But they are reflected in the
Grand Total Hours
July
..........
August
.........
September
INC. _ STATISL J: 2002 -2 36' 1<
As reported by: Dorothea Forier 9130/03
Friends'
Total Ranger Activities: Cart+
Ho rs W lks/T anoeffot
135
-0-
No reports
264 No reports
484 180
Cart trips
71 97 198 + 8 (cart)= 374
88 114 150 + 13 (cart)= 365
642 365
533 395
553 341 141 4S 258 + 8 (cart)
+ Two School Buses + 122 = 574
458 143 74 28 182 + 4 (cart)
+ 13 School Bus Visits - 580 = 868
145
73
67
71
121
Mise &. Total # @ 16 Ranger Aetivities
Visitors Docents Garden Trail - Mt2s Hours Lectures WaJkslTalkslCanoe/Cart= Total
200212003
TOTALS
13,407 1931 + 411 + 351+ 150 + 371 = 3,546
374 + 986 + 188 + 33 = 2181
1424 (Jan-April) * 2181
The above reflects the Friends of Barefoot Beach Preserve, Inc. - Fiscal Year: 10/01/02 - 9/30/03
(Note: The Ranger Prograros are included in Friends' Visitors Totals where they also were
in the Friends of Barefoot Beach Preserve Learning Center)
...............................................................................................................................
2000/2001- Comparison - Fiscal Year: October 1,2000 - Sept. 30 2001
Full Season: (Oct_Nov-Dec-Jan-Feb-Mar-April + "off seasoD" May-Sept.
TOT ALS:
2000/2001 Year: 11,872 2439 + 1420 + 576 + 125:= 4337
200112002 Season 12,948 1505 + 423 + 511 74 - 3513
200212003" 13,407 1931 + 411 + 351+150+371= 3546
1499
1421
1424
783 + 104 + 327 =
737 + 167 + 686 =
37.. + 986 + 788 ""'
1214
1518
2181
Visitors Docent & Volunteer Houn Lectures Rangen: past 3 yean
only:. We did not record prior or summer Ranger Activities
GRAND TOTAL: 76,785... ............ ............... ...........26,760 9,371 4913
F:Y\ -=l9\;;,d
3MO~~ N\;;'MO~ ~31NnH
3
L 1C:;LZ551t>5
5v:v1 v00Z/L0/10
16, 1
~us OF T1GE:~r
~~ <<l/..
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0.\. 7 ~\..
'12, Marco is\anl\.
Ms. Marla Ramsey, Director
Collier County Parks & Recreation
3300 Santa Barbara Blvd.
Naples, Florida 34116
December 29, 2003
Dear Marla,
Well, with 2003 coming to an end, Friends of Tigertail is pleased to report a
successful year. Our meetings were well attended and our "Discover Tigertail "
event was a huge success. Phase one of the replacement of the plant signs on
the boardwalk has been completed. We hope you have a chance to review and
enjoy them.
Included in this letter are the volunteer hours expended for April - December
2003 which total three hundred fifty nine (359 ) hours.
We wish you a very healthy and peaceful New Year.
Sincerely,
,~ C:~~I
Linda Colombo, President
~ ~
RECEIVED ~.
[ DEe 3 I 20~~ ] \
PARKS & RECRE.~T!(,;J\' . j
1611 Ii
Friends of East Naples
Community Park
Annual Report 2003
1 6, 1
I '1
Friends of East Naples Community Park
Annual Report for 2003
Meetinos
The Friends of the Park members have not met since September of 2002.
Finances
As of November 28, 2003 the East Naples Friends savings account has a
balance of $52.02.
Special Note
$50.00 was donated by the Friends of Max Hasse Community Park to the
Friends of East Naples Community Park. The reason behind this generous
donation was due to the fact that the Max Hasse Friends program was just
formed and a bank account had not yet been opened. They originally
asked us to keep their funds in our account until they opened one up for
themselves, but, in the mean time memberships dropped off and their
program is dormant for the time being.
The balance of $52.02 that remains in the ENCP Friends bank account is
owed to the President of the program, Bob Murry, for money he took out
of his own pocket to print up program flyers for the new flagpole
ceremony held October of 2002.
Membership
As it stand right now, there are only three members: Sue Satow (Park
Program Supervisor), Bob Murry, President, and Carol Fries, Treasurer.
Members have been so busy with their own agendas lately that they have
not had a chance to meet. They do, however, remain loyal to the
program.
~..'
First National Banl<
oj Florida
16'1
eMBER FDIC
Date 11/28/03
Accol.ll1t Number
Enclosures
page 1
1077270
31
FRIENDS OF PARKS OF COLLIER COUNI'Y
INC
EAST NAPLES FRIENDS
1895 VETERANS PARK. DR
NAPLES FL 34109-0492
Account Title:
CHECKING ACCOUNTS
FRIENDS OF PARKS OF COLLIER COUNTY
INC
EAST NAPLES FRIENDS
OUr website has changed! Please visit our new site at
www.fnbflorida.com for l-net banking & bill pay enrollment,
product & service information and branch locations.
~arities Checking w/ Interest Number of Enclosures
'~ount Number 1077270 Statement Dates 11/03/03 thru
J'ious Balance 52.01 Days in the Statement Period
Deoosits/Credits .00 Average Ledger
Checks/Debits .00 Average Collected
Service Charge .00
Interest Paid .01
CUrrent Balance 52.02 2003. Interest Paid
o
11/30/03
28
52.01
52.01
.55
Date
11/30
Description
Interest Deposit
Deposits and Additions
Arrount
.01
Date
11/03
Balance
52.01
Daily Balance Information
Date Balance
11/30 52.02
Interest Rate Summary
Date Interest Rate
11/02 0.1500%
* * * END 0 F S TAT E MEN T * * *
P.O. Box 413043 . Naples,FL34IOJ-3043 · (239)435-7640 . Toll Free (866)791-030J
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
16/1
FRIENDS OF
VINEYARDS COMMUNITY PARK
.
16, 1
.~
FRIENDS OF VINEYARDS COMMUNITY PARK
Currently the membership is down at Vineyards Park. We have two individuals that help
out with activities when needed, but we have not had a meeting since March 2003 when
we discussed the Summer Camp needs.
Semi-Active members are: Carolee Steelman, Donna Koenig
We currently have in our checking account: $8702.88
Vickie Wilson
Park Program Supervisor
Friends of Vineyards Community Park
16'1
4
March 20, 2003
Meeting was called to order at 7: 15p.m.
In attendance; Carolee Steelman, Donna Koenig, Shannon Darrow and Vickie Wilson
Topics of Discussion:
1. Do we want to continue with Friends Semi Annual - September and March
This only brings in about $100.
2. Requests were made for our Summer Camp program. Are the Friends willing to
use money to cover the Magician($300), Bounce House ($150).
3. Receive approval for the rental of Bouncy Boxing, Sticky Wall, and Sling Shot
Run for our teen program in May. ($1500)
Meeting was adjourned at 8:15p.m.
Vickie Wilson
Park Program Supervisor
1611
2003- FRIENDS OF THE PARK EXPENDITURES
Feb 8:
Feb 26:
May 9:
Junel2:
Junel2:
Junel9:
June26:
July 3:
July 10:
July 17:
July 17:
July 24:
July 24:
July 31 :
July 31 :
Nov 1:
Nov 17:
$550 Perry Foto's Senior Valentines Soeial
$775 lIz Deposit for May Teen event/ Hold Company
$775 Final Payment for Teen Event
$234 Little Ceasers Pizza! Summer Camp Paid Lunch Program
$200 Brett Rankin! Summer Camp Presentation
$217 Little CeaserslPaid lunch Program
$212 Little Ceasers/ Paid Lunch Program
$348 Little Ceasers/ Paid Lunch ProgramNineyards & Osceola
$115 Papa Johns Pizza! Paid Lunch Program
$72 Little Ceasers Pizza! Paid Lunch Program Osceola
$300 Richard Adler/Magician for Summer CampsNineyards &
Osceo la
$115 Papa Johns/ Pizza for Paid Lunch Program
$60 Little Ceasers/ Pizza for Paid Lunch Program
$108 Papa Johns/ Pizza for Paid Lunch Program
$66 Little Ceasersl Pizza for Paid Lunch Program
$45.50 Naples Daily News/ Yard Sale Ad
$60 All Electronic Repair/ TV cable repair
January 2003:
December 2003:
Starting Balance:
Ending Balanee:
$8554.42
$8702.88
Total $ for Written Checks: $4489.24
Total $ for Deposits: $4078 .70 **
** Deposits indicate Teen Dances(2), Middle School Teen Night(I), Weekly deposits for
Summer Camp Lunch Program.
16'1
November 10,1003
Dear Friends of the Park,
I am writing this letter in request of money to complete a project within the Vineyards
Community Center that is not budgeted for in the annual budget.
Due to lack of storage, we are looking to close in a 12' x 12' area within the game room
that would provide adequate storage and clean up the game room by hiding all the items
that are not used. We are also looking at removing a current sink and counter and
replacing it with open storage to clean up the appearance of Room 1.
The estimated cost for this project is $5800, given by a group out ofFt. Myers.
Please e-mail with yourreply,asI would like to get moving on this immediately.
vickiewilson@colliergov.net.
The current budget in the account is $8800.
Thank you for your interest in this program and for your quick response.
Sincerely,
V ickie Wilson
Park Program Supervisor
VineyardsCommunrtyPark
1 6 , fag" I Oll
wilson_v
From: carolee [ciocizoo@hotmail.com]
Sent: Wednesday, November 19, 2003 8:12
To: wilson_v
Subject: money
Hey Vickie-
Go ahead and spend the money! Would be nice to have a storage area in the game room--and that sink was
not so great anyway! Guess this means I will have to do some more volunteering once the account is empty!
See you tonight!
Carolee
11/19/2003
wi... on v
-
From:
Sent:
To:
Subject:
donna@naples.net
Tuesday, November 18,200310:14 PM
wilson_v
Park
Hi Vickie,
I vote for this if you think it is necessary. Is Room 1 the Aerobics
room? Does that sink come in handy when the room is rented out
for parties? Or are you talking about the sink in the room where we
serve soda for the dances? What about a storage shed bought to
put outside so you can use up all the inside space for kids and
activities. Ted Sheds are really nice and spacious. That's what we
have. I still will go along wi~h whatever you think is best for the
building since you know what is used and what isn't.
See you tomorrow night.
Donna Koenig
16.'1
16/1
COllIER COUNTY GOVERNMENT
DEPARTMENT OF PUBLIC SERVICES
PARKS AND RECREATION DEPARTMENT
VINEYARDS COMMUNITY PARK
()231 ARBOR BOULEVARD WEST
NAPLES, FLORIDA,,-! 11 ()
(')ed)) 5 )-,)()()l)
FA.'\: (')41)) 5.-)- 5~.W
:\ CERTIFIED r>LUE (HIP UJl\!I\ILNITY
November 20,2003
Keith,
I would like to see if we could proceed with the storage area at Vineyards Community
Park
As you can see I have made contacts with the active members of Friends of the Park and
asked them if it would be possible to fund the expense.
From the replies that I received it is a go ahead, and I would like to know what the next
step is that would need to be taken.
Please let me know so that we can move forward with this project.
Thank you.
Vickie Wilson
Park Program Supervisor
Vineyards Community Park
JS 03 04:0Sp
Made In Rio,Inc.
1941J277-0281
16 (i
11t~l;de t~
~D"" .~
~/"
'., 'f1'
"""'.. "', "
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Lie. # CGe 05%15
PO. NO.
DATE
ESTIMATE NO.
'f\)~\ E ~\C"('\
PROPOSAL TO:
Collier County Government
3301 East Tamiami Trail
Naples, Fl. 34112
9/51200.1
5210
PROJECT
Estimate
Viney'ards ClJmmunlty Park
CTY SeOPE OF WORK TOTAL
1 Furnish labor Ilnd material to camp let!: the tollO\ving work: 5.135.00
1) Drywall! frame new Room Partition 12' x 10' with Double:r x 6'-8' Doors ( Install (1)
Layer of plywood (g:~ exterior tace of wall.
2) Install (2) shelves 25" wide
3) Rdl1lJ\le e.xisting cabinet / "ink I
4) DI)'\'''all ! frame new CkHd wi Solid 3' x 6'-8" door.
5) Install (5) Shelves,
6) Paint to match.
5)j5,OC - 10/b
,5i:3,5Q
~ '-t Co ZJ, : D
Thank you for your business. I TOTAL: $5,135.00
AI! material is guardrlleed 10 be as speeified. All work to be completed in a workman like, manner according to standard practices. Any alteration
or deviation from aboVt: specifications involving extra costs. will h: executed only upon w\inen orders. and will become an eXl, ra charge over and
abo\:e th~ estimate agre~ments ~nti~ents upon strikes. accidenL,< or delays beytmd our conl~~._ This ro s~.1 s~~~o: within 30 daYl-
and ,~ ~old thereajh:r at tile optWl1 ot the undersigned. Authorized Si nature: ~" /,
Acceptance of Proposal- Date I d - ) d -Qj
rn~~~4~<~:i ~n~ &'il:6~~'e~~~ ~1.1'~1) ~~ 1~~7"'~ n_J 0 rd
+0 WOr\"\,~ L0\th IOU 13Cr-;J,ll-0210
16/1
r..iends of
Vete..aDS
Pa..k
nnua
e
or
1611
1895 Veterans Park Drive
Naples, Florida
34109
Phone: 239-566-2367
2003 Annual Report
Accomplishments
Fax: 239-566-8128
· Outdoor Community Yard & Craft Sales-Fall & Spring Sales
Spring Sale: 48 Vendors
450 in attendance
Revenue: $411.00
Expenses: $45.30 (Ad-newspaper)
Survey Results: 26 vendors surveyed out of 48- satisfied
Areas of Improvement: Booth numbers on tables.
Loud speaker system
Fall Sale: 52 vendors
500 in attendance
Revenue: $434.50
Expenses: $49.20
Survey Results: 30 vendors surveyed out of 52-29 satisfied, 1 abstain
Areas of Improvement: List of vendors in paper.
· Park Clean-Up Days
1) Naples Youth Soccer Club-75 participants
2) Naples Flag Football-85 participants
3) Thursday Senior Group- 35 participants
These organizations each performed a park clean-up day in which the kids and
parents each walked through the park picking up paper and trash. All three groups
performed excellent work.
· SPECIAL PROGRAMS
1) 2003 Collier County Child Safety
2) Boating Information and Safety Seminar
3) Teen Band Nights-Local High School Band Concert (Teens)
The Child Safety Fair brought in 2000 participants, with over 50 exhibitors and
12 vendors. The participants were able to visit Safety Town, play on the rock wall
and giant slide. Fair opened at 10 am and closed around 3:30.
16/1
The Boating Seminars were attended by County, State and Federal agencies.
The focus was on Manatee Safety, waterway signage and water safety. There
was a spring & fall seminar with 35 participants in the spring and 24 in the fall.
The participants were well informed and excited about the information.
Teen Band Nights were held both in the winter and spring. Both sessions
were held out on the multi-purpose rink, enabling the rotation of bands. Both
sessions yielded from 150 to 200 participants. Plans are to continue these
events.
. Sports Programs
Soccer Foot Skills Clinics-Denise Lee Instructor
In-Line Skating Program for After School Program
Both these programs were introduced as enrichment programs to benefit the
children of the After School Program. They were a success for a majority of the
children learned these two activities for the first time. The continuation of these
programs will continue in the future.
. Donations by the Friends of Veterans Park.
Donations for Summer Camp Enrichment Program
Donation of 10X20 Outside Tent
These requests were presented by The staff of Veterans Park and approved
by the board during monthly meetings. The money went towards Summer camp
to help in the programs and provide extra shelter for the campers. The tents also
were used for Child Safety Fair and also the Community Yard Sales.
16:f'1
Goals for 2002-2003
. Continuation of Current Programs
· Establish nursery for Native plant projects with After School Program
. Refurbish Butterfly Park garden in cooperation with Native Plant Society,
and Nature Trail incorporating Florida Native Plant Theme Gardens.
· Support of Veteran's Park Home School Program.
· 3rd Annual Collier County Child Safety Fair
1611
1895 Veterans Park Drive
Naples, Florida
34109
Phone: 239-566-2367
Fax: 239-566-8128
Annual Report
Contents
Friends of the Park
I.Accomplishments & Goals
2.Financial Reports
3.Status Reports-Minutes
2003 Child Safety Fair
I.Financial Reports
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Account Details(Frlends Actual=Friends-ChIId Safety=Balance)
Account
Child Safety Fair
friends Of Veterans Park
Bank Name
Child Safety Fair
First National Bank of Florida-Immokolee Rd
Account Number
1041672
16 r 1
Opening
Balance
$0.00
$635.29
Page 1
CUrrent
Balance
$4,892.05
$6,184.10
12/15/2003
Account Transactions
Friends Of Veterans Park.
1/1/2003 Through 12/15/2003
Num
Date
Payee
Opening Balance as of 1/1/2003
Month Ending 2/28/2003
2/12/2003 Ranger American
2/27/2003 FRIENDS SPRING YARD SALE
Total Month Ending 2/28/2003
Month Ending 3/31/2003
3/19/2003 FRIENDS SPRING YARD SALE
Total Month Ending 3/31/2003
Month Ending 4/30/2003
4/1/2003 Refund from Tent Purchase
1054 4/1/2003 Sam's Oub-Tent Purchase
1055 4/10/2003 Naples Daily News
1056 4/'2:3/2003 North Naples Storage
Total Month Ending 4/30/2003
Month ending 5/31/2003
5/16/2003 Trinity Chiropractic
1057 5/16/2003 Albertson's & Best Buy
Total Month Ending 5/31/2003
Month Ending 6/30/2003
1058 6/12/2003 Peter Grills-Snake man
1059 6/19/2003 Brett Rankin
Total Month Ending 6/30/2003
Month Ending 7/31/2003
7/10/2003 Band Concert
1060 7/22/2003 Magic Man
Total Month Ending 7/31/2003
Month Ending 10/31/2003
10/18/2003 Naples Day SurgeryUC
10/18/2003 Kraft Construction
10/18/2003 First National Bank
10/18/2003 Chris Olsen Insurance
1061 10/18/2003 Shelly Campbell
1062 10/18/2003 Marco Office Supply
1064 10/23/2003 Hungary's Howie's
1065 10/23/2003 Orcuit Oty
1066 10/23/2003 JW Craft
1067 10/23/2003 Uncle Bob's Sign
1068 10/23/2003 Cynthia's Party
1069 10/'2:3/2003 Ferguson-Huges
Total Month Ending 10/31/2003
Month Ending 11/30/2003
11/3/2003 Friend's Yard Sale Fall
11/3/2003 Coke Money
11/3/2003 Orcuit City-Refund
11/3/2003 Trinity Chiropractic
11/3/2003 Renee Moisan
11/3/2003 Wescoturf
1063 11/17/2003 Mark. Hogle
Amount
37.95
43.00
80.95
368.00
368.00
4.14
(400.00)
(45.30)
(594.00)
(1,035.16)
150.00
(200.00)
(50.00)
(75.00)
(300.00)
(375.00)
246.00
(150.00)
96.00
1,000.00
1,000.00
1,055.00
250.00
(81.41)
(62.44)
(125.00)
(849.80)
(140.00)
(454.00)
(200.50)
(400.00)
991.85
434.50
397.00
764.82
800.00
100.00
1,400.00
(25.38)
Running Balance
5,080.82
5,118.77
5,161.77
5,529.77
5,533.91
5,133.91
5,088.61
4,494.61
4,644.61
4,444.61
4,369.61
4,069.61
4,315.61
4,165.61
5,165.61
6,165.61
7,220.61
7,470.61
7,389.20
7,326.76
7,201.76
6,351.96
6,211.96
5,757.96
5,557.46
5,157.46
5,591.96
5,988.96
6,753.78
7,553.78
7,653.78
9,053.78
9,028.40
1611
Page 1
12/15/2003
Account Transactions
Friends Of Veterans Park
1/1/2003 Through 12/15/2003
Num
Date
Amount
Payee
1070 11/17/2003 Naples Daily News
1071 11/17/2003 North Naples Storage
Total Month Ending 11/30/2003
(49.20)
(594.00)
3,227.74
Month Ending 12/31/2003
1072 12/9/2003 A&S Transportation
1073 12/9/2003 Coca Cola Enterprises
Total Month Ending 12/31/2003
(1,911.00)
(290.10)
(2,201.10)
Running Balance
8,979.20
8,385.20
6,474.20
6,184.10
Grand Total
1,103.28
6,184.10
16'1
Page 2
, 6' 1.
Where the Money Goes
1/1/2003 Through 12/15/2003
6%
lID Child Care Safety Fair: Bus rental
ffi'l Child Care Safety Fair: Building Rental
fEl Child Care Safety Fair: supplies
1m Child Care Safety Fair: Printing
II Summer Camp: Speaker
s Child Care Safety Fair : Sound System
lID Equipment: Tents
~ All Others
13%
12/15/2003
Monthly Cash Flow
1/1/2003 Through 12/15/2003
Subcategory Total
Income
Child Care Fair
Donation 1,000.00
Refund 1,529.64
Sponorship 9,210.00
Child Care Fair - Unassigned 794.00
Total Child Care Fair 12,533.64
Donation
Child safety Fair 200.00
YARD SALE SPOlS 411.00
Donation - Unassigned 987.95
Total Donation 1,598.95
Other Income
Band Concert 246.00
Tent Purchase 4.14
Yard Sale 434.50
Total Other Income 684.64
Total Income 14,817.23
Expenses
AcIvirtisement
Yard Sale-Ad 94.50
Total Advirtlsement 94.50
Child Care Safety Fair
Bounce House 401.00
Building Rental 2,376.00
Bus rental 3,822.00
Porta potties 280.00
Printing 1,070.82
Sound System 800.00
supplies 1,824.48
Volunteer Food 250.00
Total Child Care Safety Fair 10,824.30
Equipment
Tents 400.00
Total Equipment 400.00
Food
Child Safety Fair 50.76
Drink wagon 580.20
Total Food 630.96
Summer Camp
Speaker 450.00
Speakers 75.00
Water & Boombox 200.00
Total Summer Camp 725.00
Total Expenses 12,674.76
Income less Expenses 2,142.47
1 6 ;11 Page 1
.
First National Banl<
OJ Florida
TM
MEMBER FDIC
FRIENDS OF VETERANS COMMUNITY
1900 IMMOKALEE RD
NAPLES FL 34110-1411
Date 1/31/03
Account Number
Enclosures
Account Title:
CHECKING ACCOUNTS
FRIENDS OF VETERANS COMMUNITY
Want a new year's resolution that rrakes C-E-N-T-S? We can
help! The arrival of 2003 is the perfect time to review
your financial portfolio. Call your personal banker today!
Small Business Checking
Account Number
Previous Balance
Deposits/Credits
Checks/Debits
Service Charge
Interest Paid
Current Balance
1041672
5,118.77
.00
.00
.00
.00
5,118.77
Number of Enclosures
Statement Dates 1/01/03 thru
Days in the Statement Period
Average Ledger
Average Collected
16'1
Page 1
1041672
31
o
2/02/03
33
5,118.77
5,118.77
Date
1/01
Balance
5,118.77
Daily Balance Information
* * * END 0 F S TAT E MEN T * * *
P.O.Box413043 · Naples,FL34101-3043 . (239)435-7640 . TollFree(866)791-0301
NOTI(,;F' ~F=1= f::H::\I~~.~r:: c.::lnr:: i=f""tO 1"..onCT^",T I"'If-......,..,............,........
~
First National Banl<
of Florida
n.t
MEMBER FDIC
FRIENDS OF VETERANS COMMUNITY
1900 IMMOKALEE RD
NAPLES FL 34110-1411
Account Title:
Date 2/28/03
Account Number
Enclosures
CHECKING ACCOUNTS
FRIENDS OF VETERANS COMMUNITY
Is your financial health due for a check-up? Take our
2-Minute Fiscal Fitness Test and see if you could benefit
from a financial Check-up. Make an appointment today!
Small Business Checking
Account Number
Previous Balance
Deposits/Credits
Checks/Debits
Service Charge
Interest Paid
Current Balance
1041672
5,118.77
.00
.00
.00
.00
5,118.77
Number of Enclosures
Statement Dates 2/03/03 thru
Days in the Statement Period
Average Ledger
Average Collected
16, J
Page 1
1041672
31
o
3/02/03
28
5,118.77
5,118.77
Date
2/03
Balance
5,118.77
Daily Balance Information
* * * END 0 F S TAT E MEN T * * *
P.O. Box 413043 . Naples,FL34101-3043 . (239)435-7640 . Toll Free (866)791-0301
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
1 6' 1
First National Banl<
oj Florida
MEMBER FDIC
Date 3/31/03
Account Number
Enclosures
Page 1
1041672
2 31
FRIENDS OF VETERANS COMMUNITY
1900 IMMOKALEE RD
NAPLES FL 34110-1411
Account Title:
CHECKING ACCOUNTS
FRIENDS OF VETERANS COMMUNITY
Recent legislation has broadened retirement opportunities
for Amerlcans of all ages. Call for an appointment today
to take advantage of the new options available.
Small Business Checking
Account Number
Previous Balance
1 Deposits/Credits
1 Checks/Debits
Service Charge
Interest Paid
CUrrent Balance
1041672
5,118.77
368.00
400.00
.00
.00
'.5,086.77
Number of Enclosures
Statement Dates 3/03/03 thru
Days in the Statement Period
Average Ledger
Average Collected
2
3/31/03
29
.5,144.70
5,144.70
Date
3/18
Descript.ion
Deposit
Deposits and Additions
ArrDunt
368.00
* * * Check Detail * * *
Date Check No ArrDunt
3/21 1054 400.00
* Denotes Missing Check Number(s)
Date
3/03
Balance
5,118.77
Daily Balance Information
Date Balance
3/18 5,486.77
Date
3/21
Balance
5,086.77
* * * END 0 F S TAT E MEN T * * *
P.O.Box413043 · Naples,FL34101-3043 . (239)435-7640 . Toll Free (866) 791-0301
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
J]m.s~NATIONAl.BANKOFFLORJDA
6,985.87
~, Oeoe8Iber 31 2003
iE.IEW IMAGE 0: p'Rmr IMAGE .sa
TRANSACTION SET 0 >
.. Credit
A Belencre ..
397.00 5,419.43
434.50 5,853.93
3,064.82 8,918.75
8,908.75
8,896.75
8,696.75
8,886.75
8,292.75
6,243.55
6,332.55
6,307.17
6,017.07
6,005.07
6,005.07
10.00
12.00
12.00
10.00
594.00
49.20
1,911.00
25.38
290.10
12.00
12.00
f'I'lYlQ.:Ji .
PREV10US <
IIISt.t HJt122.... ...r$J.
SUBMIT > EXIT ~:4
IJ !lfJSessionA- ...(_NovellGrou...II@)lHA Brows... l.f..~~1I
The upper portion (It this
so!\\en cootains the
OlJstOl'1W!r's 1'\1Il'1W!. acoount
nlJmM<r, . last $tll'lement
DlItaMe lIfld dlrte, el.llm1t
bafaMe. lIf\d st3telMnt
eyale. as well as :any
messages which may bit
;maohed to the lICCOunt.
The lower pcttions of the
so!\\en corrt:ains the
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each record in the
aeoount's history (based
01'\ initial history view
setting).
Learn more. )
16 I 1
Friends Of Veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
566-2367
Fax 566-8126
status Report
Jcn.ay 1~, 2CD3
January Meeting:
A monthly meeting of the Friends of Veterans Park was held on January 15th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby Whalen, Helen Luch, Dr. T.
Foster Bryant, Stephen Palinchak and Bob Farina. Participating for Collier County was
John Palinchak. We welcomed our new members Stephen Palinchak and Bob Farina. Dr.
T. Foster Bryant will be starting his 4 part series on February 4th, 2003. The next meeting
was planned for February 15th. The meeting was concluded and adjourned.
February Events
Monthly meeting will be held around the 15th of every month.
Dr T Foster Bryant, 4 week series on Health
Friends Of veterans Park
1695 Veterans Park Drive
Naples, Florida 34109
1 6'1
566-2367
Fax 566-8128
Status Report
Fetnay 1111, 2m
February Meeting:
A monthly meeting of the Friends of Veterans Park was held on February 11th, 2003 with
the following members present: Shelley & Dan Campbell, Dr. T. Foster Bryant, Ruby
Whalen and Bob Farina. Participating for Collier County Was John Palinchak. We
discussed the Community Yard and Craft Sale for spring and approval of advertisement
and food concession expenses. Discussion for the spring sale and springtime activities
was discussed.
March Events
Monthly meeting will be held around the 15th of every month.
Discussion of this year's Child Safety Fair and the recruiting the Native Plant society.
16'1
Friends Of Veterans Park
1895 Veterans ParI< Drive
Naples. Flprida 34109
566.2367
Fax 566.8128
status Report
rvam 1!t,2CD3
March Meeting:
A monthly meeting of the Friends of Veterans Park was held on March 19th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby Whalen, Helen Luch, Dr. T.
Foster Bryant, and Bob Farina. Participating for Collier County was John Palinchak. The
Spring Yard and Craft Sale was held on March 15th. Total attendance was 600 to 650, with
a total of $411.00 being taken in from Vendors. Again it was a total success and plans are
being discussed for fall's sale. Purchase of two pop up tents for events was authorized and
completed. Also paperwork submitted to Florida Native Plant Society for a grant to build
Florida Theme Gardens and Nature walk.The next meeting \lYa~planned for April 16th. The
meeting was concluded and adjourned. .
April Events
Monthly meeting will be held around the 15th of every month.
Meeting with Summer Camp Staff at Veterans to see what help we can be for the
Children's programs.
Replant Butterfly Garden.
Friends Of Veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
566-2367
Fax 556-8128
16'1
Status Report
.A4Ji 1tt, 2003
April Meeting:
A monthly meeting of the Friends of Veterans Park was held on April 15th, 2003 with the
following members present: Shelley & Dan Campbell, Dr. T. Foster Bryant, and Bob
Farina. Participating for Collier County was John Palinchak. Also attending was Ms. Lynn
Allen with proposals for Summer Camp and After School Adventure. Ms. Allen gave us a
schedule of guest speakers for summer camp and asked if the Friends could possibly buy
a portable stereo for ASA and summer camp. Also the purchase of water for spring events
was discussed. We voted and approved the purchase of water and the stereo. The
meeting was adjourned and will meet again next month.
May Events
Monthly meeting will be held around the 15th of every month.
Discussion of this year's Child Safety Fair and the Native Plant society, also Summer Camp
Events.
...
Fria1ds Of veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
1611
566-2367
Fax 566-8128
status Report
rver 1~,:ID3
May Meeting:
A monthly meeting of the Friends of Veterans Park was held on May 19th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby VV'halen, Helen Luch, Dr. T.
Foster Bryant, and Bob Farina. Participating for Collier County was John Palinchak. We
are still awaiting paperwork submitted to Florida Native Plant Society for a grant to build
Florida Theme Gardens and Nature walk. A heartfelt thanks was given to Dr. T. Foster
Bryant for the donation to the Friends of the pane The next meeting was planned for June
16th. The meeting was concluded and adjourned.
June Events
Monthly meeting will be held around the 15th of every month.
Meeting with Summer Camp Staff at Veterans to see what help we can be for the
Children's programs.
Replant Butterfly Garden.
Friends Of Veterans Park
1895 Veterans Park Drive
Naples, Rorida 34109
16'1
566-2367
Fax 566-8128
Status Report
J..re 18, X03
June Meeting:
A monthly meeting of the Friends of Veterans Park was held on June 19th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby Whalen, Helen Luch, and Dr.
T. Foster Bryant. Participating for Collier County was John Palinchak. We are still awaiting
paperwork submitted to Florida Native Plant Society for a grant to build Florida Theme
Gardens and Nature walk. Work on the Butterfly garden is being held up because of the
rain. Requests for speaker donations for summer camp were brought up by Lynn Allen and
approved. The next meeting was planned for July 16th. The meeting was concluded and
adjourned.
July Events
Monthly meeting will be held around the 15th of every month.
Requests for donations for Summer camp speakers.
Replant Butterfly Garden.
Friends Of Veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
1611
566-2367
Fa~ 566-8128
status Report
.1.Jy 18, am
July Meeting:
A monthly meeting. of the Friends of Veterans Park was held on July 24th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby Whalen, Helen Luch, and Dr.
T. Foster Bryant. Participating for Collier County was John Palinchak. The Natural Plant
Society has agreed to help us redo the Butterfly Garden and help us with future gardens.
Work will begin in September and the After School Program is going to help by growing
some of the needed plants under the direction of the Native Plant Society. Also the Child
Safety Fair is the next big event and there are bi-weekly meetings being held, and chired
by Shelley and Dan Campbell. The next meeting was planned for August 20 tho The
meeting was concluded and adjourned.
August Events
Monthly meeting will be held around the 15th of every month.
Planning stages by Native Plant society and The friends for the Butterfly garden.
Friends Of Veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
16'1
566-2367
Fax 566-8128
Status Report
A.g..st 13,2CXX3
August Meeting:
A monthly meeting of the Friends of Veterans Park was held on August 13th, 2003 with the
following members present: Shelley & Dan Campbell, Ruby Whalen, Helen Luch, and Dr.
1. Foster Bryant. Participating for Collier County was John Palinchak. We have heard from
the Native Plant society and they are progressing on the program to help us refurbish the
Butterfly garden. Also the Child Safety Fair is the next big event and there are weekly
meetings being held, and chaired by Shelley and Dan Campbell. The meeting was
concluded and adjourned.
September Events
Monthly meeting will be held around the 15th of every month.
Planning with County for Safety Fair
161 ]
Friends Of VetenIns Park
1895 Veterans Park Drive
Naples, Florida 34109
566-2367
Fax 566-8128
Status Report
~1?t\xm
September Meeting:
A monthly meeting of the Friends of Veterans Park was held on September 17th, 2003 with
the following members present: Shelley & Dan Campbell, Ruby Whalen, and Dr. T. Foster
Bryant. Participating for Collier County was John Palinchak. We have heard from the
Native Plant society and they are progressing on the program to help us refurbish the
Butterfly garden. John will present the program to Native plant society in October for
approval. Also the Child Safety Fair is the next big event and there are weekly meetings
being held, and chaired by Shelley and Dan Campbell. The meeting was concluded and
adjoumed.
October Events
Monthly meeting will be held around the 15th of every month.
Child Safety Fair- October 18th, 2003
Friends Of veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
16/1
566-2367
Fax 566-8128
Status Report
OJ 1ah, 2m
October Meeting:
A monthly meeting of the Friends of Veterans Park was held on October 16th, 2003 with
the following members present: Shelley & Dan Campbell, Dr. T. Foster Bryant.
Participating for Collier County was John Palinchak. We discussed. the Child Safety Fair,
which will go on Saturday. Safety town is being constructed as the meeting goes on. We
expect 1800 - 2500 participants. Everything seems to be on track as far as vendors,
buses, entertainment and volunteer help. Jeanine McPherson is doing volunteer training
Friday night. Everything seems to be set for the opening.
November Events
Monthly meeting will be held around the 15th of every month.
Discussion of this year's Child Safety Fair, and suggestions for next year.
Friends Of veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
1611
566-2367
Fax 566-8128
Status Report
f\bJ. 121h, 2X)3
November Meeting:
A monthly meeting of the Friends of Veterans Park was held on October 16th, 2003 with
the following members present: Shelley & Dan Campbell, Dr. T. Foster Bryant.
Participating for Collier County was John Palinchak. We discussed the Community Yard
and Craft Sale held the 1 s1. The yard sale was a success with about 40 vendors and about
450 people attending. Discussion for the spring sale and springtime activities was
discussed.
November Events
Monthly meeting will be held around the 15th of every month.
Discussion of this year's Child Safety Fair, and suggestions for next year.
1 6'1'
Friends Of veterans Park
1895 Veterans Park Drive
Naples, Florida 34109
566-2367
Fax 566-8128
Status Report
IS:: 121h, 2m
December Meeting:
A monthly meeting of the Friends of Veterans Park was held on December 12th, 2003 with
the following members present: Shelley & Dan Campbell, Dr. T. Foster Bryant and Helen
Luch. Participating for Collier County was John Palinchak and Lynn Allen. Ms. Allen
brought up that at this time they had no needs for Holiday Camp. However we told her that
if there was a need that we would set a budget of $200.00 and she could contact us if
anything came up. We closed the meeting with a Christmas wish that everyone and their
family have the merriest and happiest holidays.
January Events
Monthly meeting will be held around the 15ttrof every month.
Meeting will be an open forum of new ideas and projects foe 2004
1611
r..ieads of
Vete..aas
Pa..k
Child Sa ety Fair
Supp ement
12/15/2003 , 6 , 1 Page 1
Ac:c::ount Transactions
Child Safety Fair
1/1/2003 Through 12/15/2003
Hum Date Payee Amount Running Balance
Opening Balance as of 1/1/2003 3,852.86
Month Ending 4/:i0/2003
4/23/2003 North Naples Storage (594.00) 3,258.86
Total Month Ending 4/30/2003 (594.00)
Month Ending 10/31/2003
10/18/2003 Kraft Construction 1,000.00 4,258.86
10/18/2003 Naples Day SurgeryLLC 1,000.00 5,258.86
10/18/2003 First National Bank 1,055.00 6,313.86
10/18/2003 O1ris Olsen Insurance 250.00 6,563.86 /
10/18/2003 Shelly Campbell (81.41) 6,482.45
10/18/2003 Marco Office Supply (62.44) 6,420.01
10/23/2003 Hungry Howies (125.00) 6,295.01
10/23/2003 Circuit City (849.80) 5,445.21
10/23/2003 JW Craft (140.00) 5,305.21
10/23/2003 Uncle Bob's Sign (454.00) 4,851.21
10/23/2003 Cynthia's Party (200.50) 4,650.71
10/23/2003 Ferguson-Huges (400.00) 4,250.71
Total Month Ending 10/31/2003 991.85
Month Ending 11/3012003
11/3/2003 Coke Money 397.00 4,647.71
11/3/2003 Circuit City-Refund 764.82 5,412.53
11/3/2003 Trinity Chiropractic 800,00 6,212.53
11/3/2003 Renee Moisan 100.00 6,312.53
11/3/2003 Wescoturf 1,400.00 7,712.53
11/17/2003 Mark Hogle (25.38) 7,687.15
11/17/2003 North Naples Storage (594.00) 7,093.15
Total Month Ending 11/30/2003 2,842.44
Month Ending 12/31/2003
12/9/2003 A&S Transportation (1,911.00) 5,182.15
12/9/2003 .coca Cola Enterprises (290.10) 4,892.05
Total Month Ending 12/3U1IJ03 (2,201.10)
.....1;.. 1,039.19 4,892.05
1 6' 1
Where the Money Goes
1/1/2003 Through 12/15/2003
6%
[]J] Child Care Safety Fair: Bus rental
~ Child Care Safety Fair : Building Rental
rm Child Care Safety Fair : supplies
1m Child Care Safety Fair : Printing
lIIIlI Summer Camp: Speaker
El Child Care Safety Fair : Sound System
[]J] Equipment: Tents
~A1IOthers
13%
12/15/2003
Monthly Cash Flow
1/1/2003 Through 12/15/2003
Subcategory Total
Income
Child Care Fair
Donation 1,000.00
Refund 1,529.64
Sponorship 9,210.00
Child Care Fair - Unassigned 794.00
Total Child Care Fair 12,533.64
Donation
Child Safety Fair 200.00
YARD SALE SPOTS 411.00
Donation - Unassigned 987.95
Total Donation 1,598.95
Other InCOme
Band Concert 246.00
Tent Purchase 4.14
Yard Sale 434.50
Total Other Income 684.64
Total Income 14,817.23
Expenses
Advlrtisement
Yard Sale-Ad 94.50
Total Advirtisement 94.50
Child Care Safety Fair
Bounce House 401.00
Building Rental 2,376.00
Bus rental 3,822.00
Porta potties 280.00
Printing 1,070.82
Sound System 800.00
supplies 1,824.48
Volunteer Food 250.00
Total Child Care Safety Fair 10,824.30
Equipment
Tents 400.00
Total Equipment 400.00
Food
Child Safety Fair 50.76
Drink wagon 580.20
Total Food 630.96
Summer Camp
Speaker 450.00
Speakers 75.00
Water & Boombox 200.00
Total Summer Camp 725.00
Total Expenses 12,674.76
Income less Expenses 2,142.47
1 6 r 1
Page 1
MEMORANDUM
Date: April 29, 2004
To: David Weigel, County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Retention Agreement with Allen, Norton & Blue, P.A.
Enclosed please find one copy of the original document as referenced
above, Agenda Item #16K8, as approved by the Board of County
Commissioners on Tuesday, April 27, 2004.
The original is being retained for the official public record.
If you should have any questions, please contact me at
732-2646, ext. 7240.
Thank you.
Enclosure
16K8
16K8
RETENTION AGREEMENT WITH
ALLEN. NORTON & BLUE. P.A.
This Retention Agreement is made by and between the Board of County Commissioners
of Collier County, Florida (the "County"), and the law firm of Allen, Norton & Blue, P.A., of
Tampa, Florida ("Allen, Norton").
Whereas, Allen, Norton has special expertise and resources in a wide range of legal
matters, with particular expertise in labor and employment related matters; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Allen, Norton;
------
Now, Therefore, in consideration of the premises contained herein, the County hereby
hires and retains Allen, Norton and Allen, Norton hereby agrees to provide legal services to
County.
ARTICLE 1
COMPENSA TION; METHOD OF PAYMENT
1.1 Compensation shall be paid to Allen, Norton in accordance with the terms set forth in
Exhibit A attached hereto and made a part hereof. Requirements for reimbursable
expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses
other than automobile expenses must be documented by copies of paid receipts or other
evidence of payment. The Certificate contained in Exhibit C must be included with every
invoice submitted for payment.
1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of
three (3 years) from the effective date of this Agreement. In the fourth and fifth years of
the Agreement, upon the request of Allen, Norton, the County Attorney is authorized to
Page 1 of 19
16K8
RETENTION AGREEMENT WITH
r-.....>
ALLEN. NORTON & BLUE. P.A. ~
:J':
:':",i......
This Retention Agreement is made by and between the Board of County Commissioners
N
of Collier County, Florida (the "County"), and the law firm of Allen, Norton & Blue, P.A., Q;,~
:;:
N
U1
c.n
Whereas, Allen, Norton has special expertise and resources in a wide range of legal
Tampa, Florida ("Allen, Norton").
matters, with particular expertise in labor and employment related matters; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Allen, Norton;
Now, Therefore, in consideration of the premises contained herein, the County hereby
hires and retains Allen, Norton and Allen, Norton hereby agrees to provide legal services to
County.
ARTICLE 1
COMPENSATION: METHOD OF PAYMENT
1.1 Compensation shall be paid to Allen, Norton in accordance with the terms set forth in
Exhibit A attached hereto and made a part hereof. Requirements for reimbursable
expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses
other than automobile expenses must be documented by copies of paid receipts or other
evidence of payment. The Certificate contained in Exhibit C must be included with every
invoice submitted for payment.
1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of
three (3 years) from the effective date ofthis Agreement. In the fourth and fifth years of
the Agreement, upon the request of Allen, Norton, the County Attorney is authorized to
Page 1 of 19
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16K8
negotiate to increase the hourly rate up to a maximum often (10) percent without
approval by the Board of County Commissioners. In the negotiation process, Allen,
Norton must substantiate the reason the request is being made (i.e. market conditions,
increase in CPI, etc.)
1.3 Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for Allen, Norton
to assign more than one attorney to a project or case. Nevertheless, in order to ensure that
such multiple attorney assignments are efficient and cost-effective for the County, Allen,
Norton agrees to the following procedures and billing limitations for multiple attorney
assignments.
1.3.1 A primary attorney will be identified for such projects or cases and that
attorney will be the sole contact attorney for the County, except in the case of
an emergency or the County's written pre-approval. In practice, this means that
generally only the primary attorney will meet or communicate directly with
County personnel 0 r attend meetings, court, arbitrations, mediations or other
proceedings on behalf of the County.
1.3.2 Attorneys assigned to a project or case other than the primary attorney will be
less senior attorneys with lower billing rates unless the additional attorney(s)
has/have a demonstrated expertise that will demonstrably enhance the value
and efficiency ofthe legal services being provided to the County.
1.3.3 Allen, Norton agrees that internal or in-house conferences among multiple
attorneys assigned to a project or case shall be kept to the absolute minimum
Page 2 of 19
16K8
necessary for the provision of the legal services in question. To the extent
internal or in-house conferences among multiple attorneys assigned to a project
or case are necessary, each such attorney may bill at his or her customary rate
for up tot hirty (30) minutes for any such conference. To the extent such a
conference exceeds thirty (30) minutes in length, Allen, Norton agrees that it
will discount the total billings for all attorneys involved in the conference by
forty-five (45) percent. For example, if three (3) attorneys meet in conference
for thirty (30) minutes and each such a ttorney bills at $200.00 per hour, the
total billing to the County for that conference shall be $300.00. If the same
three (3) attorneys meet for two (2) hours in conference, however, the total
billing to the County shall be calculated as follows: three (3) attorneys times
two (2) hours times $200.00 equals $1,200.00 discounted by 45% equals total
billing of$740.00.
1.4 Allen, Norton may submit invoices for hourly work assignments pursuant to Exhibit A
only after the services for which the invoices are submitted have been completed or
expenses incurred. An original invoice plus one copy is due within fifteen (15) days of
the end of the month, except the final invoice which must be received no later than sixty
(60) days after the work is completed or the expiration of this Agreement.
1.5 To be deemed proper, all invoices must comply with the requirements set forth in this
Agreement and must be submitted on the form and pursuant to the instruction prescribed
by County. Payment may be withheld for failure of Allen, Norton to comply with a term,
condition, or requirement of this Agreement.
Page 3 of 19
16K8
1.6 Payment shall be made to Allen, Norton at:
Allen, Norton, & Blue, P.A.
324 South Hyde Park Avenue
Suite 350
Tampa, Florida 33606
ARTICLE 2
INSURANCE
2.1 In order to insure the indemnification obligation contained above, Allen, Norton shall as a
minimum, provide, pay for, and maintain in force at all times during the term of this
Agreement, professional liability insurance in an amount not less than Three Million
Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability
insurance obtained by Allen, Norton to comply with the insurance requirements contained
herein is issued on a "claims made" form as opposed to an "occurrence" form, the
retroactive date for coverage shall be no later than the commencement date of the
assigned work to which this Agreement applies, and such insurance shall provide, in the
event of cancellation or non-renewal, that the discovery period for insurance claims (tail
coverage) shall not be less than three years following the completion of the assigned work
and acceptance by the County.
2.2 Such policy or policies shall be issued by United States Treasury approved companies
authorized to do business in the State of Florida, and having agents upon whom service of
process may be made in Collier County, Florida.
Page 4 of 19
16K8
2.3 Allen, Norton shall furnish to the Risk Management Director Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of three years to begin April 27, 2004
and to end on April 26, 2007, unless terminated earlier in accordance with the provisions
of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed
upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In
the event the term of this Agreement extends beyond a single fiscal year of County, the
continuation of this Agreement beyond the end of any fiscal year shall be subject to the
availability of funds from County in accordance with Chapter 129, Florida Statutes.)
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities by this Agreement.
3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly signed by
both parties hereto, and attached to the original of this Agreement.
Page 5 of 19
16K8
ARTICLE 4
TERMINATION
4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or
by the County for convenience upon no less than thirty (30) days' advance written notice
in accordance with the "NOTICES" section ofthis Agreement.
4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to
suitably perform the work, failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives of County as set forth in this Agreement,
or multiple breach of the provisions ofthis Agreement notwithstanding whether any such
breach was previously waived or cured.
4.3 In the event this Agreement is terminated for convenience, Allen, Norton shall be paid for
any services performed to the date the Agreement is terminated; however, upon being
notified of County's election to terminate, Allen, Norton shall refrain from performing
further services or incurring additional expenses under the term of this Agreement. Allen,
Norton acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid
by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as
specific consideration to Allen, Norton for County's right to terminate this Agreement for
convenience. Allen, Norton's obligations to the County as provided for hereunder shall
cease upon termination, except for participating in an orderly and professional transfer of
such responsibilities and files or copies of files to the County or its designee.
Page 6 of 19
16K8
ARTICLE 5
RECORD AUDIT AND INSPECTION
5.1 County shall have the right to audit the books and records of Allen, Norton pertinent to
the funding under this Agreement. Allen, Norton shall preserve and make available, at
reasonable times for examination and audit by County, all financial records, supporting
documents, and other documents pertinent to this Agreement for a period ofthree (3)
years after termination of this Agreement or, if any audit has been initiated and audit
findings have not been resolved at the end of the three years, the books and records shall
be retained until resolution of the audit findings.
5.2 Ifthe Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be
applicable to Allen, Norton's records, Allen, Norton shall comply with all requirements
thereof, however, no confidentiality or non-disclosure requirement of either federal or
state law shall be violated by Allen, Norton.
ARTICLE 6
CONFLICT OF INTEREST
6.1 Allen, Norton states that it is familiar with and will comply with the terms and conditions
of Chapter 112, Part ill, Florida Statutes (Code of Ethics).
6.2 It is important that Allen, Norton be independent and impartial in order to properly
conduct its services to the County. Allen, Norton shall not act as counsel in any lawsuit
or other adversary proceeding in which County is named as an adversary party or in
which Allen, Norton takes an adverse position to the County.
Page 7 of 19
16K8
6.3 Neither Allen, Norton nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Allen, Norton's loyal and conscientious exercise of judgment related to
its performance under this Agreement.
6.4 In the event Allen, Norton is permitted to utilize subcontractors, herein, to perform any
services required by this Agreement, Allen, Norton agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning of
this section.
6.5 If at any time Allen, Norton's firm represents a client in matters having to do with the
Collier County government, be it before the Board of County Commissioners or any other
agency or division of Collier County government, Allen, Norton will contact the County
Attorney's Office before undertaking such representation so that it can be determined
whether a conflict of interest exists.
ARTICLE 7
INDEMNIFICATION
7.1 Allen, Norton acknowledges and agrees that Ten Dollars ($10.00) of the compensation to
be paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is
given as specific consideration to Allen, Norton so that Allen, Norton shall at all times
hereafter indemnify, hold hannless and, at County's option, defend or pay for an attorney
selected by County to defend County, its officers, agents, servants, and employees against
any and all claims, losses, liabilities, and expenditures of any kind, including attorney
Page 8 of 19
16K8
fees, court costs, and expenses, caused by negligent act or omission of Allen, Norton, its
employees, agents, servants, or officers, or accruing, resulting from, or related to the
subject matter ofthis Agreement including, without limitation, any and all claims,
demands or causes of action of any nature whatsoever resulting from injuries or damages
sustained by any person or property. The provisions of this section shall survive the
expiration or earlier termination ofthis Agreement. To the extent considered necessary
by County, any sums due Allen, Norton under this Agreement may be retained by County
until all of County's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved; and any amount withheld shall not be subject to payment of
interest by County.
ARTICLE 8
OWNERSHIP OF DOCUMENTS
8.1 Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of County.
In the event of termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by Allen, Norton, whether finished or unfinished,
shall become the property of County and shall be delivered by Allen, Norton to the
County within seven (7) days of termination of this Agreement by either party. Any
compensation due to Allen, Norton shall be withheld until all documents are received as
provided herein.
Page 9 of 19
16K8
ARTICLE 9
INDEPENDENT CONTRACTOR
9.1 Allen, Norton is an independent contractor under this Agreement. Services provided by
Allen, Norton shall be subject to the supervision of Allen, Norton, and such services shall
not be provided by Allen, Norton as officers, employees, or agents ofthe County. The
parties expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
ARTICLE 10
NONDISCRIMINATION, EQUAL OPPORTUNITY
AND AMERICANS WITH DISABILITIES ACT
10.1 Allen, Norton shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided by
this Agreement and shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded in
whole or in part by County, including Titles I and II ofthe ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines,
and standards.
10.2 Allen, Norton's decisions regarding the delivery of services under this Agreement shall
be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation national origin, martial status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully or appropriately used as a basis
for service delivery.
Page 10 of 19
16K8
10.3 Allen, Norton shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race, age,
religion, color, gender, sexual orientation, national origin, marital status, political
affiliation, or physical or mental disability. In addition, Allen, Norton shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
lO.4 Allen, Norton shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
orientation, national origin, marital status, political affiliation, or physical or mental
disability during employment. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay, other forms of compensation, terms and
conditions of employment, training (including apprenticeship), and accessibility.
10.5 Allen, Norton shall not engage in or commit any discriminatory practice in performing
the Scope of Services or any part of Scope of Services of this Agreement.
Page 11 of 19
16K8
ARTICLE 11
NOTICES
11.1 Whenever either party desires to give notice to the other, such notice must be in writing,
sent by registered or certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR COLLIER COUNTY:
David C. Weigel, County Attorney
Government Center
3301 Tamiami Trail East
Naples, Florida 34112
FOR ALLEN. NORTON:
Allen, Norton & Blue, P.A.
324 South Hyde Park Avenue
Suite 350
Tampa, Florida 33606
ARTICLE 12
MISCELLANEOUS
8.1 WAIVER OF BREACH AND MATERIALITY
Failure by County to enforce any provision of this Agreement shall not be deemed a
waiver of the provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
Page 12 of 19
16K8
8.1 COMPLIANCE WITH LAWS
Allen, Norton shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations related to
this Agreement.
12.3 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effective unless County and
Allen, Norton elect to terminate this Agreement. The election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
12.4 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida. Venue for litigation concerning this Agreement shall be
in Collier County, Florida.
12.5 PRIOR AGREEMENTS
This document supercedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties
agree that there are no commitments, agreements or understandings concerning the
subject matter of this Agreement that are not contained in this document. Accordingly,
the parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or written. It is further agreed that no
Page 13 of 19
161(8
modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document in accordance with Article 3 above.
12.6 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the
parties. The attached Exhibits A, B, and C are incorporated into and made a part of this
Agreement.
lt~'1Ii~DJ.
DAT~:"",~~,,},
__-..... (""\ \7).,~Ol> 1"\ Ii,
A Tl':2S~"""" ."'0.:,,",.
.....'" .. ... ;'
- oJ ' _""'"
DW1QHT E. ~ROe~;',C~ERK
. .. ,-"( ,'.,' ," ",,,,,,,,\ . . '
. :,,~ '_ ~ oJ I
,9' " .:_~ ~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER C UNTY, FLORIDA
By: ~ d~
DONNA !ALA, CHAIRMAN
legal sufficiency
~~~~~
David C. Weigel
County Attorney
ALLEN, NORTON, & BLUE, P.A.
DATE:
By: }1(~ f ~
Its: ~ ~
Item #\ (Q t. <6
Agenda 11,.."\1-'" II
Date -=1=-~,
Date tf-a~-o' I
Rec'd .,
Page 14 of 19
16K8
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Retention Agreement was acknowledged before me this ~y of
//~ , 200~Y ~~ E.. Leth-/f as Ue'~ ,~/';.w. of Allen, Norton & Blue,
P.A., a Florida Professional Association, on behalf of the professional association. He/she is
1:)1 pf88']i'Prl
::t~ irlpntitir>ltiQD.
Name of Notary Public type
My Commission Expires:
Page 15 of 19
16K8
EXHIBIT A
For professional services rendered, Allen, Norton's fee shall be based on the hourly rate as
follows:
$190.00 per hour for services provided by principals and associates
$ 75.00 per hour for services provided by law clerks & paralegals.
Allen, Norton's fee shall not exceed $100,000.00 per Purchase Order without the approval of the
Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to
when each assignment is made to Allen, Norton.)
In the event that Allen, Norton is required or requested to perform any additional or
extraordinary services not herein contemplated, Allen, Norton shall be entitled to apply for
additional compensation, the amount of which shall be subject to the approval of County and no
such additional compensation in excess of the amount herein stated shall be paid unless
specifically authorized in advance in writing by County in its sole discretion.
Allen, Norton shall provide, at no cost to County, the annual response to County's auditors
regarding pending or threatened litigation. The auditors typically request information regarding
all litigation, claims and assessments considered to be material. The response should include the
nature of the litigation, the progress of the case to date, an estimate of the amount or range of
potential loss, and any other information considered necessary to explain the case. Allen,
Norton shall provide said response within 30 days of receipt of the request.
NOTES:
. Divisions, or departments within such divisions, shall be responsible and pay for legal
counsel services relating to litigation and outside counsel specifically for cases, matters
or issues relating to such division or department, as determined by the County Attorney
in coordination with the County Manager.
Page 16 of 19
1 61(8
EXHIBIT B
1. In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse Allen, Norton for out-of-pocket
expenses reasonably incurred in the course of rendering such legal services, including
costs of long distance calls, printing, costs of reproduction, and necessary travel
expenses incurred in accordance with the requirements of Chapter 112, F.S. Allen,
Norton shall not charge for travel of attorneys between its offices so that it can
provide the best available and most appropriate lawyer in any of its office locations
for the issues involved.
2. Allen, Norton shall submit invoices on a monthly basis for the payment of out-of-
pocket expenses. Each invoice shall include a signed certificate listing all costs,
expenses, vouchers, invoices and other documentary evidence that will describe in
reasonable detail the basis for expenditures for which reimbursement is sought as set
forth below.
3. REQUIREMENTS
The following represents Collier County's payment requirements for legal costs
~ Your federal employee identification number must be on all invoices submitted.
~ The applicable Purchase Order number must be on all invoices submitted.
~ No service, interest, or other charge of like nature is to be imposed with regard to
any item, invoice, or request. All firms doing business with Collier County must
have a current W -9 "Request for Taxpayer Identification Number and
Certification" on file.
~ Services rendered must be specifically and concisely identified, as well as the
bond issue or financing transaction for which the services were rendered.
~ Names of persons performing services, hourly rates, and dates must be listed. The
County agrees to reimburse Allen, Norton for retention and utilization of
sub-consultants.
Page 17 of 19
161(8
~ Reimbursable expense must be verified by attached receipts or copies thereof.
~ Claims for mileage and meals cannot exceed statutory allowance as provided for
under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00;
dinner $12.00). Meals and mileage cannot be charged unless the professional has
traveled outside the county of the principal business location.
~ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or
charge.
~ Car rentals required for travel should include compact or standard-size vehicles
only.
~ Common carrier travel shall be reimbursable at tourist or coach class fares only.
~ Accounting Division requires original receipts, or copies of receipts which have
been individually certified to be true copies ofthe originals. In addition the
Certificate contained in Exhibit C must accompany each invoice. The certifying
person must sign the Certification form and a description provided of the items,
which are certified.
~ Faxes shall not be reimbursed
~ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed.
Page 18 of 19
161(8
EXHIBIT C
CERTIFICATE
IT IS HEREBY CERTIFIED that:
1. has been duly designated as special counsel to
render legal services or provider of services for or on behalf of Collier County;
2. Each of the documents hereinafter identified and attached is a true and correct copy of the
original record;
3. Expenditure(s) enumerated represent costs necessarily incurred during the course of
official business for which payment has not been received and for which documentation is
not available or reasonably retrievable;
4. Claims are in compliance with the applicable statutes and administrative orders, and with
the express provision that all other parties are barred from entitlement to any part of these
costs.
RE:
Invoice No.
, Dated
Period Covered:
, Amount
IN-HOUSE CHARGES:
Photocopies:
copies @ $0. 15/each
$
Mileage:
miles @ O,29/mile
$
OTHER (Copies of invoices reauired):
Long Distance Calls
$
Other:
$
TOTAL:
$
FOR THE FIRM
Signed:
Print Name:
Title:
Date:
Page 19 of 19
....
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement XXX
Other: (Display Adv., location, etc.)
*********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Planning
Person: ~/7?~d-
Date ~ -1 2 ~o \)
Petition No. (If none, give brief description): SE-04-AR-5345
Petitioner: (Name & Address): Mike Bosi, AICP, Principal Planner, 2800 North Horseshoe Drive, Naples, Florida 34104
Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before
BCC XX
BZA
Other
Requested Hearing date:
ADrll 27. 2004
Based on advertisement appearing 15 dtys before hearing.
Newspaper(s) to be used: (Complete only ifimportant):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
A Resolution of the Board of County Commissioners amending Resolution No. 03-354, which approved an Earthmining
Facility For Property hereinafter described in Section 7, Township 51 South, Range 27 East, Collier County, Florida, to
correct a Scrivener's Error in the property's legal description.
Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs:
113-138312~9110
Reviewed by: Approved by:
Division Head Date County Manager Date
DISTRIBUTION INSTRUCTIONS
A. 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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
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~ tj -4 ,.....Oy. Date Advertised: +1' --0'+
17A
RESOLUTION NO. 04-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING
RESOLUTION 03-354 WHICH APPROVED AN EARTHMINING FACILITY FOR
PROPERTY HEREINAFTER DESCRIBED IN SECTION 7, TOWNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S
ERROR IN THE PROPERTY'S LEGAL DESCRIPTION.
WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number
03-354 pertaining to Conditional Use number "I" for Earthmining in the rural agrieultural
zone on October 14, 2003; and
WHEREAS, following said action adopting said Resolution, Planning Staff was advised
that a portion of the site's legal description was incorreetly transcribed within Exhibit "B" of
said Resolution and constitutes a scrivener's error.
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier
County, Florida, that:
The legal description eontained within Exhibit "B" of Resolution 03-354 is hereby
amended by replacing Exhibit B thereof with a new Exhibit B attached heiby and incorporated
by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and Legal Suffieiency:
.~:, -n-..~P~
Marjo M. Student
Assistant County Attorney
Words underlined are additions; words struek through are delitions.
-1-
17A
Legal Description - CU-2003-AR-3954
The Southeast ~ of the Southwest ~ of Section 7, Township 51 South, Range 27
East, Collier County Florida; Being more partieularly deserihed as follows:
Commenee at the Southwest Corner of said Seetion 7; Thenee N. 88 04 05
W.; 153().()1 f-eet; Thenee N. 00 27 52 E.; 200.00 f-eet to the Point of Beginning;
Thenee N. 00 27 52 E.; 978.00 feet; Thence S. 88 12 47 E.; 73().00 feet; Thenee S. 00
44 19 "T.; 978.00 feet; Thenee N. 88 04 05 W.; 73().00 feet to the Point of heginning
Exhibit "B"
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, April 27,
2004 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The Board will
consider Petition: SE-04-AR-5345
A Resolution of the Board of County Commissioners amending
Resolution No. 2003-354, which approved an Earthmining Facility
For Property hereinafter described in Section 7, Township 51
South, Range 27 East, Collier County, Florida, to correct a
Scrivener's Error in the property's legal description.
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 Chair, 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 COMMISISONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Ann Jennejohn, Deputy Clerk
( SEAL)
17A
"'" ..... ,~
March 30, 2004
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SE-04-AR-5345
Dear Georgia:
Please advertise the above referenced petition on Sunday, April 11, 2004 and kindly send the
Affidavit of Publication, in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 113-138312-649110
Ann P. Jennejohn
17A
To:
Subject:
Hi again Georgia,
Georgia (E-mail)
SE-04-AR-5345 Amends Res. 03-354
We're busy today! Please advertsie the attached on Sunday, April 11, 2004.
Thanks!
Ann
Minutes & Records
~
SE-04-AR-5345.doc
1
~
SE-04-AR-5345.doc
17A
\'t _...
.r
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postm aster@c1erk.collier.fl.us
Tuesday, March 30, 2004 2:20 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
I~
ATI634103.txt SE-04-AR-5345
II.mends Res. 03-3...
This is an automatically generated Delivery Status Notification.
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.com
1
Ann P. Jennejohn
17A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, March 30, 20042:21 PM
Ann P. Jennejohn
Delivered: SE-04-AR-5345 Amends Res. 03-354
[]
SE-04-AR-5345
6.mends Res. 03-3...
<<SE-04-AR-5345 Amends Res. 03-354>> Your message
To: Georgia (E-mail)
Subject: SE-04-AR-5345 Amends Res. 03-354
Sent: Tue, 30 Mar 2004 14:20:04 -0500
was delivered to the following recipient(s):
legals on Tue, 30 Mar 2004 14:20:52 -0500
1
SE-04-AR-5345 Amends Res. 03-354
Page 1 of 1
Ann P. Jennejohn
17P
From: legals [Iegals@naplesnews.com]
Sent: Tuesday, March 30, 2004 2:57 PM
To: Ann P. Jennejohn
Subject: RE: SE-04-AR-5345 Amends Res. 03-354
OK
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Tuesday, March 30, 20042:20 PM
To: Georgia (E-mail)
Subject: SE-04-AR-5345 Amends Res. 03-354
Hi again Georgia,
We're busy today! Please advertise the attached on Sunday, April 11, 2004.
Thanks!
Ann
Minutes & Records
<<S E-04-AR-5345. doc>> <<SE -04-AR-5345.doc>>
3/30/2004
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58832825
NOTICE OF PUBLIC HEA
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 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 the said newspaper.
PUBLISHED ON: 04/11
AD SPACE: 102.000 INCH
FILED ON: 04/12/04
--------------------------------~--------------+----------------------
Signature of Affiant /J <' --- )
Sworn to and Subscribed before me this fJ..d day of r-:; 1<JJ 20QY
Personally known by me ~;~' ~# eh~ l~i
'::"j/~~;;" " . Harnett Bushong
, frf, o~r,. :*i ~,1Y COMMISSION II 00234689 EXPIRES
~:;i~~;.~~'! July 24, 2007
'c.;,'u:'s,. aONDW THRU T,OY FAIN INSURANCE, INC
17A
.J
PU8~CUJING
Notice 15 hereby given
that the Board of ~ntY
Commlsslonera of Cof.
Uer Countywlll hold a
p'ubllc heerlllQ IltI Tues.
day, I\Pl'lI 27. lllO4 In.the
Boardroom. ,",.Floor,
Administration 'BUlldlllQ,
Comer County Goyern.
ment Center. 3301 East
Tamlaml Trail, NMlles.
Florida. Thll nHlet ng
will begin at 9:00 A,M.
The Board will eonslder
Petition: SE.04-AR.534S
A Resolution of the
Board of County Com'
missioners amendll1g
Resolution No. 20(13.354,
which approved an
Earthmlnlng Facility For
ProD8I'tY hereinafter de.
scrlbea In Section 7.
Township 51 South,
Range 27 East. Collier
County, Florida, to eor.
reet a SCrlvenar~s Error
In the property's legal
~5Crlptlon.
NOTE: All Persons
Wishing to speak on any
~a Item must, regls.
ter with the CoUl'ltY Ad.
mlnlstrator DI'Ior ~J!.l1'
santetlon of the .....,..a
Item to be=, r'1511d.
Individual, . wJl1
be limited to 5 mutes
on anll Item. The selee-
tlo" of ." IndiVidUAl to I
speak on behalf of an I
organization or group Is
encouraged. If rJCog'I'
nlzed by the 'ChaIr, a
spokesperson for a
group or =, nlzatlon
may be all 10 min.
utes to speak on an
Item.
PerSOns w~. to have
written or araphlc ma-
terials Ineluded In the
Board agenda packets
must submit said ,ma-
terial a, minimum of 3
wellks prior. to the reo
sDect\ve .public hearing.
In any case. written me.
terl_ls Intended to be
considered bY the Board
shall be submitted to
the approp.rJate county
staff a minimum of sev-
en days prior to the
DUbllchearl!'lll. All ma-
lerlal used Iri pruenta-
tlons before the Board
will become a perma.
mint part 01' the reCord.
Any person who decld.
:f'~ y=Jt:=o~
r~:n'~a1~n~":f~ ·
and tl'ler.'r~'e. may
need to ensure that a
yertlatlm record of the
proeeedlngs Is made,
whleh record Ineludes
the testimony ."d evl-
denee upon Which the
appeal Is based.
BOARD OF COUNTY
COMMISlSONERS
COLLIER COI,lNTY,
FLORIDA
DONNA "'ALA, CHAIR-
MAN
DWIGHT E. BROCK'I
CLERK i
I' ~y: '16~~ JenneJohn'1
(lf~ .
ADr.ll No. 565376!
Date: April 28, 2004
To: Mike Bosi, Planner
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2004-160
17A
Enclosed please find one copy of the document referenced
above, Agenda Item #17 A, approved by the Board of County
Commissioners on Tuesday, April 27, 2004.
,f>,
If you should have any questions, please contact me
at 732-2646, ext. 7240.
Thank you.
Enclosure
17A
RESOLUTION NO. 04.160
A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING
RESOLUTION 03-354 WHICH APPROVED AN EARTHMINING FACILITY FOR
PROPERTY HEREINAFTER DESCRIBED IN SECTION 7, TOWNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S
ERROR IN THE PROPERTY'S LEGAL DESCRIPTION.
WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number
03-354 pertaining to Conditional Use number "1" for Earthmining in the rural agricultural
zone on October 14,2003; and
WHEREAS, following said action adopting said Resolution, Planning Staff was advised
that a portion of the site's legal description was incorrectly transcribed within Exhibit "B" of
said Resolution and constitutes a scrivener's error.
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier
'j
County, Florida, that:
The legal description contained within Exhibit "B" of Resolution 03-354 is hereby
amended by replacing Exhibit B thereof with a new Exhibit B attached herby and incorporated
by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
..."........,....... '\,
" .' .', . DO; " ,
A TrR~'.p\~'~..... .~<i0>,
__ ::::)'.1 _. (./ I
If'Y~lt~'~F~~~H9~;~~RK
: ,,-":;: ~_:\~{!II'" . _~.~ -. ~"? j
~ {_~: ."'1 'J .,'" ~ ~~ ~
j*': . :f:j;
.. . -::O.G.
!1,A~;~t ~& i ~~ . t', " .-S
Ajlg~M ~',and' Legal Sufficiency:
~, i. .. C~ I> I ".:1" f'" .,,\..,.J
I",., V t.:.. ~","
BY: ~ d;d
DONNA IALA, CHAIRMAN
Marjo M. Student
Assistant County Attorney
Item# L1e
~~~~da 4 - ~ '1~
~:~~ j-Z1irt
.~
Words struck throuqh are deletedi words underlined are added.
-1-
Legal Description - CU-2003-AR-3954
17A
The Southeast Y.. of the Southwest Y.. of Section 7, Township 51 South, Range 27
East, Collier County Florida; BeiBg mare pameularly deseribedas fallowsr
CommeBee at the Southwest Comer of said SeetioB 7, TheBee N. 88 04 05
'V.; 153'.'1 feet; TheBce N. 002752 E., 200.00 feet fa the PoiBt of Bet;iBBiBg;
ThcBee N. 00 27 52 Eo; 978.00 feet; TheBee S. 88 12 47 E.; 73'.00 feet; Thence S. 00.
~4 19 "T.; 918.00 feet; Thence N. 88 04 05 \V.; 73'.00 feet to the Paint ofbegiBBiBg
Exhibit "B"
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
178
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement Other: (Display Adv., location, etc.)
XXXX with Maps
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Planning
Person: ~.Rk:....10.-c:.e_. Date: 3/8/04
Petition No. (If none, give brief description): LDC Scrivener's Error
Petitioner: (Name & Address): Russell Webb, Principal Planner, 2800 N. Horseshoe Drive, Naples, Florida 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC XX BZA Other
Requested Hearing date,;, 4/27/04 Based on advertisement appearing
!!Ldays before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
o Legally Required
Proposed Text: (Include le2al description & common location & Size:
An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-08, which
amended Ordinance No. 91-102, as amended, the Collier County Land Development Code, to correct Scrivener's Errors
relating to the incorrect insertion of maps pertaining to Section 2.2.2 Yz, Rural Fringe Mixed Use District and Section 2.2.30,
Natural Resource Protection Area Overlay District; and to correct Scrivener's Errors relating to Division 3.15, Adequate
Public Facilities; providing for conflict and severability; providing for inclusion in the Collier County Land Development
Code; and by providing for an effective date.
Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by:
/~~ Date
/ J IVlSlon ea
County Manager
DISTRIBUTION INSTRUCTIONS
A. 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:
L( j; !oL(
I I
Approved by:
Date
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
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: ~ ~Yl ' D'L Date Advertised: ~
178
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive · Naples, Florida 34104
ZONING AND LAND DEVELOPMENT REVIEW
Mareh 26, 2004
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice in your edition of April 11, 2004, and furnish
proof of publication of the advertisement to the Collier County Development Services
Building, Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples,
Florida 34104, Attention: Cecilia Martin.
PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County
Attorney's Offiee, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104.
April 27, 2004
BCC PUBLIC HEARING
NOTICE OF INTENT TO ADOPT ORDINANCE
Notice is hereby given that on ~ril 27, 2004, at 9:00 AM, in the Board of County
Commissioners Meeting Room, 3 Floor, Harmon Turner Building uF," Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners, proposes to take under advisement eorrections to the Collier County Land
Development Code leading to passage of an Ordinanee, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-
08, WHICH AMENDED ORDINANCE NO. 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO
CORRECT SCRIVENER'S ERRORS RELATING TO THE
INCORRECT INSERTION OF MAPS PERTAINING TO SECTION
2.2.2 1/2, RURAL FRINGE MIXED USE DISTRICT AND SECTION
2.2.30, NATURAL RESOURCE PROTECTION AREA OVERLAY
DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS RELATING
TO DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; PROVIDING
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o u n 1. .v
Phone (239) 403-2400
Fax (239) M3-6968 or (239) 213-2916
www.colliergov.net
178
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the ordinance as
presently proposed are available for publie inspeetion in the Department of Zoning and Land
Development Review, Community Development Services Center, 2800 N. Horseshoe Drive,
Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any deeision made by the Collier County Board of County
Commissioners with respeet to any matter eonsidered at sueh meeting or hearing, he will
need a reeord of the proceedings, and for sueh purpose he may need to ensure that a
verbatim reeord of the proceedings is made, which record includes the testimony and
evidenee upon whieh the appeal is to be based.
BCC Ad 1 (10 day)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia Morgan, Deputy Clerk
-2-
l?B
ORDINANCE NO. 2004 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-08, WHICH
AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S
ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS
PERTAINING TO SECTION 2.2.2 1/2, RURAL FRINGE MIXED USE
DISTRICT AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION
AREA OVERLAY DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS
RELATING TO DIVISION 3.15, ADEQUATE PUBLIC FACILITIES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners on February 11,
2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-102, as
amended, the Collier County Land Development Code; and
WHEREAS, following said action in adopting Ordinance Number 04-08, it has been
determined that text intended for Section 3.15.7.3.4.7., was not included and that incorrect
maps were included in LDC sections 2.2.21/2. and 2.2.30., and that such error/omissions
constitute scrivener's errors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR CORRECTIONS-Division 2
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. A.:
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2.2.2%. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2%.1 PURPOSE AND SCOPE.
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A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In
order to implement the RFMU designation in the future land use element
(FLUE) ofthe GMP, the RFMU District, to be designated as "RFMUO" on the
Official Zoning Atlas, is hereby established. The lands included in the RFMU
District and to which the Section 2.2.2% apply are depicted by the following
map:
Page 1 of8
LEECOVNTY
RURAL FRINGE AREAS
N
~ 0 'w,.:.:
LEllEND
R~Al FRINGE ARE'"
W1)([D USE DISTRICT .
,....Nml.~.AI'I<<:IIltII)~~~_
~l'l'~W:Ull'IIDfJIltII)~t.....lIWXIllNIIClN
DATtlIO/JllU fllb.........lIlIOJJWI
RANDALL BlVD
GOLDEN GAlE BOULEVARD
~
li
~
u
~
a
I
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Page 2 of8
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LEE COUNTY
RURAL FRINGE AREAS
(.)
LEGEND
:..,., .~
j
~
It.lt.fOl<Al;EE RD.
LEE COUNTY
RANDALL BLVD
~
35
i,
~
, I
....
en
GOLDEN GATE BOULEVARD
I
~
-----,.,..-~c.-'ft!SR~!~TE:~_
t(.r
.~,
i
a!
c..:i
[Insert this Map]
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Page 3 of8
178
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Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT
(NRPA)
2.2.30.1 PURPOSE AND INTENT.
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A. NRPA OVERLAY AREAS. NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Planned Unit
Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. South Belle Meade;
5. South Golden Gate Estates.
The NRPA lands within the Rural Frinae Mixed Use District to which the Section 2.2.30.
reaulations applv (i.e. - numbers 3 and 4 above) are depicted bv the followina map:
Underlined text is added; StlolGk tRfEllolgR text is deleted.
Page 4 of8
RURAL FRINGE
NATURAL RESOURCE
PROTECTION AREAS
LEE COUNTY
IMMOKAlEE ROAD
RANDALL BLVD
~
;e
N
~ '
GOLDEN GATE BOULEVARD
Iii
0(
u
, WI. 2 Ill. ;5 WI. . Ill.
SCA<.E
LEGEND
NAlURAL. RESOURCE
PROTECTION AREA
NIl"MOI'f:~AHD~~.C1IOoI
~~'NlD ~tolL..W:Ubl'MlDN
OArIs'OfIClO:l h.b ~
[Delete this Map]
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Page 5 of8
178
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LEE COUNlY
RURAL FRINGE
MIXED USE DISTRICT
NATURAL RESOURCE
PROTECTION AREAS i
IMMOKAlEE ROAD
~
!
LEE COUNTY rn
I ~
~
IMMOKALEE ROAD RANDALL BLVD
~
I GOlDEN GATE BOULEVARD
!
~
....
en
flj
g
(.)
t/
- '09.~,
LEGEND
i
cr!
ti
q
I 1- ",
I ';1 I
[Insert this Map]
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Page 6 of8
178
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SECTION TWO: SCRIVENER'S ERROR CORRECTION-Division 3.15
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. N.:
DIVISION 3.15. ADEQUATE PUBLIC FACILITIES
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Sec. 3.15.7. Regulatory program: review of development to ensure adequate public
facilities are available, including the Transportation Concurrency Management
System.
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3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may
be used to mitigate the impacts of a development on a deficient roadway link by
more than a de minimis amount within a Transportation Concurrency Management
Area in which 85% of the north-south lane miles and 85% of the east-west lane
miles are operating at or above the adopted LOS standards consistent with Policies
5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no
impact will be de minimis if it exceeds the adopted level-of-service standard of any
affected designated hurricane evacuation routes within a TCMA. Hurricane routes
in Collier County are shown on Map TR7 ofthe Transportation Element. Any impact
to a hurricane evacuation route operating below the adopted LOS within a TCMA
shall require a proportionate share payment provided the remaining LOS
requirements of the TCMA are maintained. Proportionate share payments under
this section are determined subsequent to a finding of concurrency for a proposed
project within a TCMA and do not influence the concurrency determination process.
Development of an individual sinale-familv residence will not be required to
contribute or make a proportionate share payment under this section.
SECTION THREE: CONFLICT AND SEVERABILITY
I n 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 this
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 FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FIVE:
EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of
State.
Underlined text is added; itwek tI:lrewgl:l text is deleted.
Page 7 of8
l?B
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
COMMISSIONERS
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk By:
DONNA FIALA, CHAIRMAN
Underlined text is added; itlllek threlllgl:l text is deleted.
Page 8 of8
Naples Daily News
Naples,' FtL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
l?B
COLLIER COUNTY COMMUNITY DEV.
2671 AIRPORT RD PLAZA 3
NAPLES FL 34101
REFERENCE: 053926
58836071
April 27, 2004BCC PU
AP~lIl1. 2004
ICC fl1J8L1C HEARING
NOTICE Of INTENT TO AOOPT ORDINANCE
Notice II hftby given that on April 27, 2004, at 9:00
AM In the Boai'd of County ComlnlSslonors Meeting
ROOm 3~d FIOM, Harmon Tu~nerlulldlng -F," ICOI'I
II cou' Inty Government center 3301 East Tam am
erN.... florida. the iOatQ of County Commls.
~r::lirs prOposes to take under advisement cor.
rec:tloni to the Collier county Land Deve~mtltlent
Code leading to IJUSllC!8 of an Ordinance. ,unr e
of which Is u follows: '
AN ORDINANCE OF THE BOARD OF COUNTY'COM'
MISSIONERS OF COLLIER COUNTY, FLORIDA.
AMENDING ORDINANCE NO. WHICH ~~
oaD1NANCL :lH~
COUNTY LAI Om TO '"'...n'''....
SCRIVINP'S '0 o,.Ot.l,,~&:'f.fl
I~NS""J~.tt M EO DIS'FIliCT AND SEC.
E PROTECTION 'AREA
o~?if" AND TO RRECT SCRIVENER'S
ERRORS R TO DIVISION 3.1'!!.,ADEQUATDE
PUBUC FA . PROVtOlNG FOR CU1'IFLlCT AN
SEVERABI VIDING FOR INCLUSION,,~~ ATNHDE
COLLIER COU LAND DEVELOPMENT CO-.:
BY PROVIDING FOR AN EFFECTIVE DATE. .
All Interuted parj:les are Invited to appear and be
heard.Coplei of the ordinance as presentlY pro-
poHCl are' available for public lnsp4!Ctlon In tflelewDe.
partment of ZonlOD and Land Developnlent 28Q0Rev N'
commuoltv Development Services Center, .
HorseshOl! ,D~lve, NlIPl.., Florl~l ~~!ffl t~
hours Of 8:00 A.M. and 5:00 P.M., MO......., ...rou....
Friday.
If a pel'JOll decides to ap'~ any decision madesslon by
the Conler County BoarCl of County Comml ,ers
with respect to any matter considered at fSUChh ,
meetlnll. or hearing, he will need aherl!COrdneedo t te '\
~* and for such P\l!'PC!se may 0
ensurti thit . verbatim record of the procHdlngs Is
made, wtllch record Includes the testlmond y and
evidence upon which the appeal Is to be base .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
TOM HENNING. CHAIRMAN
DWIGHT E. BROCK. CLERK
I By: Patricia Morgan, Deputy Clerk
! ~nrll 11
Nn ~~J
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 advertisementj 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 the said newspaper.
PUBLISHED ON: 04/11
AD SPACE: 110.000 INCH
FILED ON: 04/12/04
- - - - - - - - - - - - - - - - - - - - - - - - - - - 1'1- - - - - -..- - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant ~/. ---f
Sworn to and Subscribed bef?re me this Jc2~:ZJ.~f~~~;Q
Personally known by me 7I/<<Vu.J# f3L<~
"<,,y.,~'f~~.. Harriett Bushong
J~'3'l:i"'f:~ MY COMMISSION # OD234689 EXPIRES
,,~,,~7;':,'1:l July 24, 2007
><f:.;ii.:(~~'" GONDED THRU TROY FAIN INSURANCE, INC
20 c:y(
J' 178
ORDINANCE NO. 2004 - ?f;
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-08, WHICH
AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S
ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS
PERTAINING TO SECTION 2.2.2 1/2, RURAL FRINGE MIXED USE
DISTRICT AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION
AREA OVERLAY DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS
RELATING TO DIVISION 3.15, ADEQUATE PUBLIC FACILITIES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners on February 11,
2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-1 02, as
amended, the Collier County Land Development Code; and
WHEREAS, following said action in adopting Ordinance Number 04-08, it has been
determined that text intended for Section 3.15.7.3.4.7., was not included and that incorrect
maps were included in LDC sections 2.2.2 1/2. and 2.2.30., and that such error/omissions
constitute scrivener's errors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR CORRECTIONS-Division 2
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. A:
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2.2.2%. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2~.1 PURPOSE AND SCOPE.
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A ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In
order to implement the RFMU designation in the future land use element
(FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the
Official Zoning Atlas, is hereby established. The lands included in the RFMU
District and to which the Section 2.2.2~ apply are depicted by the following
map:
Page 1 of8
RURAL FRINGE AREAS
N
~
LEGEND
=l
RJRAL FRII',GE AREA
MIXEC USE DIST~ICT
PREP~RED BY, CA~P""CS "'~D TECHNIC~L SJPPClP SECTIotI
CDIlll,lUNITYOo'O(,OPIolENTI\NDEN",RotIl,joNlAlSER",nSO,,,SION
Pllrt. '0/2ooJ nl[! R,tj-MUO..:.vtG
LEE COUNTY
IMMOKALEE ROAD
CE
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C
UN
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51(
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GOLDEN GATE BOULEVARD
WiERsTATE . 75
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IMMOKALEE RD.
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CD
~
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'"
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RANDAlL BLVD
~
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5
CD
en
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Page 2 of8
RURAL FRINGE AREAS
LEGEND
LEE COUNTY
IMMOKAlEE ROAD
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LEE COUNTY
IMMOKAlEE RD,
RANDALL BLVD
z
o
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GOLDEN GATE BOULEVARD
~
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[Insert this Map]
INTERSTATE. 75
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Page 3 of8
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Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT
(NRPA)
2.2.30.1 PURPOSE AND INTENT.
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A. NRPA OVERLAY AREAS. NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Planned Unit
Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. South Belle Meade;
5. South Golden Gate Estates.
The NRPA lands within the Rural Frinae Mixed Use District to which the Section 2.2.30.
reoulations apply (i.e. - numbers 3 and 4 above) are depicted by the followino map:
Underlined text is added; StuGk thrsugh text is deleted,
Page 4 of8
RURAL FRINGE
NATURAL RESOURCE
PROTECTION AREAS
J ~1. 4 MI.
,
LEGEND ~'
r\ATURAL RESOURCE
PRO~ECTICN AREA
;>REP~RED B":: GRAP..ICS AND '"EC~"'IC"'l SUPPORT SECT1~
CO~OlUNITY D~'YE.OP"EtF IIND Er....RQNl,jEk'AL SERIIlCES )IWMi'l
DATE: 10/2003 !'icE: RFNRP....OWG
LEE COUNTY
IMMOKALEE ROAD
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:\ ;;:)
lil
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en
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55
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GOLDEN GATE BOULEVARD
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INTERSTATE - 75
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Page 5 of8
RURAL FRINGE
MIXED USE DISTRICT
NATURAL RESOURCE
PROTECTION AREAS
LEE COUNTY
LEE COUNTY
~
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IMMOKALEE ROAD
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IMMOKALEE ROAD
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:z
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u:;
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Page 6 of8
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SECTION TWO: SCRIVENER'S ERROR CORRECTION-Division 3.15
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. N.:
DIVISION 3.15. ADEQUATE PUBLIC FACILITIES
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*
*
*
*
*
*
*
*
*
Sec. 3.15.7. Regulatory program: review of development to ensure adequate public
facilities are available, including the Transportation Concurrency Management
System.
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*
*
*
*
*
*
*
*
3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may
be used to mitigate the impacts of a development on a deficient roadway link by
more than a de minimis amount within a Transportation Concurrency Management
Area in which 85% of the north-south lane miles and 85% of the east-west lane
miles are operating at or above the adopted LOS standards consistent with Policies
5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no
impact will be de minimis if it exceeds the adopted level-of-service standard of any
affected designated hurricane evacuation routes within a TCMA. Hurricane routes
in Collier County are shown on Map TR7 of the Transportation Element. Any impact
to a hurricane evacuation route operating below the adopted LOS within a TCMA
shall require a proportionate share payment provided the remaining LOS
requirements of the TCMA are maintained. Proportionate share payments under
this section are determined subsequent to a finding of concurrency for a proposed
project within a TCMA and do not influence the concurrency determination process.
Development of an individual sinale-family residence will not be required to
contribute or make a proportionate share payment under this section.
SECTION THREE: 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 this
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 FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FIVE:
EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of
State.
Underlined text is added; Stuck thmu9h text is deleted.
Page 7 of8
t 178
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this d,7 day of ~ ' 2004.
ATTEST:". <>-;,' .~.
DWIGHT ~~,BFtp~,~:,>~~RK
COMMJ~ ..
~. ;.,~.,:::".i';"...'.'..'\....'.
By~, ' '. . . . -,; ~
, rt . v
$jgn1it:::Hll:- ~ ·
proved as to form and
leg I suffi icy:
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
By:
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Page 8 of8
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~
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. 2004-26
Which was adopted by the Board of County Commissioners on
the 27th day of April, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of April, 2004.
DWIGHT E. BROCK,'; .;.~.
Clerk of Courts and
Ex-officio to Board
County Com~~ssioner
~
Cl~rk
of
'ol'i .... ") .:-'
By .Maureen. K~iiyo, ,:: ....
Deputy Clerk