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Backup Documents 01/08-09/2013 Item #16I116( BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 8, 2013 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Riviera Golf Estates Homeowner Association, Inc.: Notice of Budget Meeting 11.27.12 2) Sheriff Kevin J. Rambosk: Fiscal Year 2011 -2012 Surplus Funds 10.30.12 3) Port of the Islands Community Improvement District: Meeting Minutes 8.17.12; 9.21.12; Financial Report and Unaudited Financial Statements July and August 2012; Annual Budget for FYI and Appropriation Resolution; Resolution levying and imposing Special Assessments; District Board's 2013 Public Meeting Schedule 4) Quarry Community Development District: FY12 /13 Quarry CDD Meeting Schedule 5) Golden Gate Fire Control and Rescue District: District's FY 12/13 Meeting Schedule; District Map; FY 12/13 Final Budget and declaration of having no outstanding bonds; Registered Agent Designation Form filed with the Dept. of Economic Opportunity f/k/a the Dept. of Community Affairs 6) Ave Maria Stewardship Community District: District's FY 12/13 Meeting Schedule 7) Southwest Florida Regional Planning Council: 2013 Work Plan and Budget 16f BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES January 8, 2013 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Collier County Citizens Corps: Minutes of 9.19.12 2) Collier County Coastal Advisory Committee: Minutes of 8.9.12; 9.13.12 (Workshop w/ TDC); 9.13.12; 10.11.12 3) Collier County Code Enforcement Board: Minutes of 9.7.12; 10.5.12 4) Collier County Planning Commission: Minutes of 9.6.12; 9.20.12; 9.28.12 5) Contractors Licensing Board: Minutes of 9.19.12 6) Development Services Advisory Committee: Minutes of 9.5.12; 10.3.12 7) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of 9.4.12 Minutes of 9.4.12 8) Golden Gate Estates Land Trust Committee: Minutes of 6.11.12 9) Hispanic Affairs Advisory Board: Minutes of 9.27.12 10) Immokalee Beautification Advisory Committee: Agenda of 10.24.12 Minutes of 8.22.12; 9.26.12; 10.24.12 11) Immokalee Enterprise Zone Development Agency: Agenda of 10. 17.12 Minutes of 8.15.12 161 12) Immokalee Local Redevelopment Advisory Board: Agenda of 10. 17.12 Minutes of 9.19.12 13) Isles of Capri Fire Control District Advisory Committee: Minutes of 4.19.12 14) Land Acquisition Advisory Committee: Minutes of 7.9.12; 10.8.12 15) Lely Golf Estates Beautification Advisory Committee: Agenda of 9.20.12 Minutes of 9.20.12 16) Library Advisory Board: Minutes of 3.21.12; 4.18.12; 5.16.12; 6.20.12; 8.15.12; 8.15.12 (Annual Meeting) 17) Pelican Bay Services Division Board: Agenda of 9.24.12 (Ad -Hoc Committee); 10.9.12; 10. 18.12 (Landscape Water Management Subcommittee); 11.7.12 18) Public Safety Authority: Minutes of 10. 17.12 19) Radio Road East of Santa Barbara Blvd to Davis Blvd Advisory Committee: Agenda of 9.18.12 Minutes of 9.18.12 20) Tourist Development Council: Minutes of 9.13.12 (Workshop w/ CAC) 21) Vanderbilt Beach Beautification MSTU Advisory Committee: Minutes of 5.3.12; 10.11.12 CO,MPASSGROUP 161FkAk-ED V PROPERTY MANAGEMENT NOV 14 2012 FINANCE Riviera Golf Estates Homeowners Association, Inc. A Corporation Not - For - Profit NOTICE OF BUDGET MEETING NOTICE IS HEREBY GIVEN that the Board of Directors of the Riviera Golf Estates Homeowners Association, Inc. will consider the adoption of the budget for the coming fiscal year at the following date, time and place: Date of Meeting: Tuesday, November 27, 2012 Time of Meeting: 1:30 PM Place of Meeting: Riviera Golf Clubhouse 425 Charlemagne Blvd. Naples, Florida 34112 AGENDA 1. Call to Order 2. Establish Quorum 3. Proof of Meeting Notice 4. New Business a. Discussion of 2013 Budget b. Adoption of 2013 Operating and Reserves Budget 5. Adjournment Mi Da Iter i #:11--o TWN 1 Cu, yes to: Dated: November 14, 2012 Fia �, Hiller Coyle ✓ --._ Cclet a 3701 Tamiami Trail North * Naples, Florida 34103 Phone (239) 593 -1233 • Fax (239) 593 -1116 www. m yco m pas sg ro u p. co m RIVIERA GOLF ESTATES 1611 A PROPOSED BUDGET - 2013 ASSESSMENTS 561,280 For the Period of February 1, 2013 through January 31, 2014 561,280 692 Units 20,000 20,000 FORECAST BUDGET BUDGET 2013 1,932 2012 2012 PROPOSED INTEREST OPERATING INCOME 18,164 20,000 20,000 ASSESSMENTS 561,280 561,280 561,280 ASSESSMENT - RESERVES 20,000 20,000 20,000 OWNER LATE FEES /INTEREST 1,932 1,500 1,500 INTEREST OPERATING 377 500 350 APPLICATION FEES 5,315 5,000 5,000 OTHER INCOME 3,132 500 650 RENTAL INCOME 1,025 300 300 TOTAL INCOME 593,062 589,080 589,080 ADMINISTRATIVE & GENERAL PERSONNEL - SITE 18,164 20,000 20,000 PAYROLL TAXES 1,463 1,658 1,700 MANAGEMENT FEES 29,602 29,602 29,602 OFFICE EXPENSES 21,402 17,920 22,000 TAXES /LICENSES /FEES 1,479 1,800 1,800 LEGAL EXPENSE 4,668 5,000 5,000 ACCOUNTING FEES 350 7,000 400 BAD DEBT EXPENSE 7,312 5,000 8,500 INSURANCE INSURANCE - PROPERTY 24,997 30,000 27,383 GROUNDS & LANDSCAPING GROUNDS MAINTENANCE 3,640 5,500 5,500 LANDSCAPE CONTRACT 24,900 24,900 26,000 IRRIGATION 1,985 3,800 2,400 FERT /PEST CONTROL 1,505 1,500 1,650 POOL MAINTENANCE 8,468 10,000 10,000 LAKE MAINTENANCE 4,297 4,300 4,400 BUILDING MAINTENANCE BUILDING MAINTENANCE - CLUBHOUSE 20,345 10,000 12,500 JANITORIAL SERVICES 20,227 20,565 20,500 BUILDING MAINTENANCE -ANNEX _ 3,255 6,500 3,500 AIRCONDITIONING MAINTENANCE 1,953 3,000 5,000 EXTERMINATING 0 725 725 UTILITIES ELECTRICITY 15,412 16,000 18,000 POOL HEAT 368 11,000 0 WATER /SEWER 5,096 6,000 5,500 TRASH REMOVAL 2,028 2,074 2,100 TELEPHONE 3,084 3,500 3,180 CABLE TV 303,133 303,236 312,240 RECREATIONAL RECREATIONAL ACTIVITIES 4,879 7,500 5,500 CONTINGENCY 4,040 11,000 14,000 RESERVES GENERAL 20,000 20,000 20,000 TOTAL EXPENSES 558,052 589,080 589,080 EXCESS REVENUE /EXPENSE 35,010 (0) 0 Assessments - Total Units: 692 2012 PROPOSED 2013 Assessment Per Unit - Annual $ 840.00 $ 840.00 Assessment Per Unit - Quarterly $ 210.00 $ 210.00 2013 -2014 Capital Expenditures $20,000 Fitness equipment replacement 16 1 m October 30, 2012 69 i Honorable Fred W. Coyle, Chairman BY= -- C1-- ...... -_- Board of County Commissioners FILE 3299 Tamiami Trail East Naples, FL 34112 RE: Fiscal Year 2011 -2012 Surplus Funds Dear Chairman Coyle: Enclosed please find Sheriffs Office check #178174 in the amount of $3,734,954.00. This represents the funds that were not expended from the fiscal 2012 budget. I request that these funds be considered to be credited to the debt service for the Special Operations building. This should completely satisfy the agreement made between Sheriff Hunter and County Manager Mudd for support of the cost of the Special Operations building. In addition to these funds, we returned $146,115.04 in interest earned during fiscal year 2012 to the Board. We were able to return these funds through continued agency wide participation in efficiencies and cost control efforts. We continue to take deliberate measures to reduce costs in preparation of potential uncertain economic times. Should we need some of these dollars in the future as a result of circumstances such as the discontinuation of the 287g partnership program, or replacement of equipment relative to officer safety I may need to request additional funds for agency operations. Operating within budget constrains continues to be a challenge to both local governments and law enforcement. We continue to strive to meet the expectations of Collier County citizens by providing the highest level of law enforcement services within allocated budgets. Respectfully, Kevi ambosk, Sheriff Collier ounty, Florida KR /am 512 cc: Board of County Commissioners Constitutional Officers Leo Ochs, Jr., County Manager Mark Isackson, County Corporate Financial & Management Services Crystal Kinzel, Clerk's Finance Director Andrea Marsh, CCSO Finance Director MISC. wffezi: Date: Item Copies to: rM p :� � o i _ <r; V Enclosed please find Sheriffs Office check #178174 in the amount of $3,734,954.00. This represents the funds that were not expended from the fiscal 2012 budget. I request that these funds be considered to be credited to the debt service for the Special Operations building. This should completely satisfy the agreement made between Sheriff Hunter and County Manager Mudd for support of the cost of the Special Operations building. In addition to these funds, we returned $146,115.04 in interest earned during fiscal year 2012 to the Board. We were able to return these funds through continued agency wide participation in efficiencies and cost control efforts. We continue to take deliberate measures to reduce costs in preparation of potential uncertain economic times. Should we need some of these dollars in the future as a result of circumstances such as the discontinuation of the 287g partnership program, or replacement of equipment relative to officer safety I may need to request additional funds for agency operations. Operating within budget constrains continues to be a challenge to both local governments and law enforcement. We continue to strive to meet the expectations of Collier County citizens by providing the highest level of law enforcement services within allocated budgets. Respectfully, Kevi ambosk, Sheriff Collier ounty, Florida KR /am 512 cc: Board of County Commissioners Constitutional Officers Leo Ochs, Jr., County Manager Mark Isackson, County Corporate Financial & Management Services Crystal Kinzel, Clerk's Finance Director Andrea Marsh, CCSO Finance Director MISC. wffezi: Date: Item Copies to: 1611 A:3 Kr%sty Bartlett, ExecuVweiA%dei Board/ of Cov my C kofF�c& HLKri4ty, 10 -25 -2012 Po'r't o f the/ Isla n i k C I mprove+nent D(4&r ct • M%nut'ek froww the/ Au#u4t 17, 2012 13 0- cwd,of Superv4or'k Meetuug, • Ann.uai, Buzlget for FY13 andlth&ApproprtcXw' rvResoalut'wvn. • A Re�um l"yalg a+I& C npoli-n* Sp"iai A • , ju.l y, 2012 F%na*w, aL R eport ands u na.0 d Cte& Fauw 4zti Stat-e*w ntk • Th&V4&%ctBcvwXk 2013 PulruciMeetuoSdw . The�Quzwry C DewelopmentD4&4 ct (CDD) • Th&FY12 113 Quarry CDD MeetuiSchedu,l& Tl1a nk yaw. A nn. BoarcLM%n�.+te�F� IZecord.�Uepartment K -8406 16P1 Port of the Islands Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 702 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 345 -1292 Fax October 8, 2012 Q Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. BY: ....................... 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held August 17, 2012 and Approved September 21, 2012 From: Calvin Teague District Manager Enclosed for your records is a copy of the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please be sure to make this document available for public access during normal business hours. If you have any questions, please contact Janice Swade at (954) 753 -5841. Cc: For informational purposes only: s. Crystal Kinzel L/Director Clerk of the Circuit Court/Finance Department 3299 Tamiami Trail East Suite 403 Naples, Florida 34112 -5746 Mr. Leo Ochs, Jr. Collier County Manager 3299 Tamiami Trail East Suite 202 Naples, Florida 34112 Fiala Hiller Henning _ Coyle Coletta Misc. Comes: Date:_ ��'3 Item #:_ 1 �� \, A 3 copies to: 16 I 1 � A, AGENDA Port of the Islands Community Improvement District Friday Orchid Cove Clubhouse August 2012 25005 Peacock Lane 10:00 a.mm. . Naples, Florida 1. Roll Call 2. Approval of the Minutes of the July 20, 2012 Meeting 3. Audience Continents 4. Public Hearing to Adopt the Budget for Fiscal Year 2013 A. Consideration of Resolution 2012 -6 Adopting the Budget for Fiscal Year 2013 B. Consideration of Resolution 2012 -7 Levying the Assessments for Fiscal Year 2013 5. Old Business A. Review of Landscape Maintenance Performance B. Update on Well Problems and Retrofitting of Well #3 C. Update on U.S. 41 Median Flooding D. Update on Proposals for Sandblasting and Painting of Buildings at POI Utility Site 6. New Business 7. District Manager's Report A. Approval of July 31, 2012 Financial Statements and Check Register B. Meeting Schedule for Fiscal Year 2013 8. Field Manager's Report A. Discussion of July 2012 Operations Report 1611 A 3 ci PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Meeting Agenda Friday, August 17, 2012 PAGE B. Update on Leaking/Rusting of Fire Hydrants 9. Attorney's Report A. Update on North Hotel Bankruptcy Proceedings B. Update on Lot 45 Drainage Swale Agreement C. Update on Sunset Cay Utility Dedication Report 10. Engineer's Report A. Update on New Water Treatment Plant B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) 11. Supervisors' Requests 12. Audience Comments 13 Adjournment (� A Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News ----------------------------------------- ---------- ------------------ - - - - -- PORT OF THE ISLANDS 210 N UNIVERSITY DR ##702 CORAL SPRINGS FL 33071 REFERENCE: 010948 59693309 State of Florida Counties of Collier and Lee Before the undersigned authority, personall appeared Lynn Schneider, says that she serves the Order Entry Data Specialist, of the Naple Daily News, a daily newspaper published at Na in Collier County, Florida: distributed in Cc and Lee counties of Florida; that the attache copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples D News is a newspaper published at Naples, in s Collier County, Florida, and that the said newspaper has heretofore been continuously 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 ye next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised- apy_ person, firm or corporation any discount, rebate, commission or refund for th purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/24 01/31 AD SPACE: 72 LINE FILED ON: 07/31/12 ----------------------- ------------ - - - - -- Signature of Affiant Sworn to and Subscribed before Personally known by me 1611 A3 MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, August 17, 2012 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida. Present and constituting a quorum were: Richard Ziko Chairman Norine Dillon Vice Chairperson Dale Lambert Assistant Secretary Charles Custer Assistant Secretary Also present were: Alan Baldwin Severn Trent Services Daniel Cox District Counsel Ronald Benson District Engineer Robert Dick Severn Trent Services Robert Casey Field Manager, Severn Trent Services Robert Edge Lead Operator, Severn Trent Services Robert Migdal Severn Trent Services Operations Anthony Davis Orchid Cove HOA Jean Kungle POI Realty Dan Kelly Resident Tom Mack Resident John McCullough Resident Tom Weis Resident The following is a summary of the discussions and actions taken at the August 17, 2012 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Ziko called the meeting to order and Mr. Baldwin called the roll. Monday, 9/10/12 August 17, 2012 1611A3 I Port of the Islands CID SECOND ORDER OF BUSINESS Approval of the Minutes of the July 20, 2012 Meeting Mr. Ziko stated each Board member received a copy of the Minutes of the July 20, 2012 Meeting; requesting any additions, corrections or deletions. • On Page 4, Line 130, under funded should replace under budget. There being no further additions, corrections or deletions, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the Minutes of the July 20, 2012 Meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments • Mrs. Dillon updated the Board regarding Mr. Bissell's health condition. • Mr. Weis commented the POI CERT (Community Emergency Response Team) was disbanded due to lack of interest. All equipment was returned to the Fire Chief; remaining funds will be returned to the Fire Control District. FOURTH ORDER OF BUSINESS Public Hearing to Adopt the Budget for Fiscal Year 2013 On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the Regular Meeting was recessed; and the Public Hearing to consider adoption of the Fiscal Year 2013 Budget was opened. • Assessments will not increase. Hearing no comments or questions from Supervisors, staff or the public, On MOTION by Mr. Lambert seconded by Mr. Custer with all in favor, the Public Hearing to consider adoption of the Fiscal Year 2013 Budget was closed. A. Consideration of Resolution 2012 -6 Adopting the Budget for Fiscal Year 2013 Mr. Baldwin presented Resolution 2012 -6 for the Board's review and adoption; a copy of which will be entered into the official record. There being no comments or questions, Monday, 9/10/12 2 August 17, 2012 16 lil ... A3 Port of the Islands CID On MOTION by Mr. Lambert seconded by Mr. Custer with all in favor, Resolution 2012 -6 Relating to the Annual Appropriations of the District and Adopting the Budget for the Fiscal Year Beginning October 1, 2012, and Ending September 30, 2013; and Referencing the Maintenance and Benefit Special Assessments to be Levied by District for Said Fiscal Year was adopted subject to insertion of the appropriate numbers. B. Consideration of Resolution 2012 -7 Levying the Assessments for Fiscal Year 2013 Mr. Baldwin presented Resolution 2012 -7 for the Board's review and adoption; a copy of which will be entered into the official record. There being no comments or questions, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, Resolution 2012 -7 Levying and Imposing a Non -Ad Valorem Maintenance Special Assessment for the District for Fiscal Year 2013 was adopted subject to insertion of the appropriate numbers. The Board proceeded with the Regular Meeting. FIFTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance • Mr. Soto was not available to do a ride - through, but a report was distributed for the Board's information; a copy of which will be entered into the official record. B. Update on Well Problems and Retrofitting of Well #3 • Mr. Benson reported the test for the water drawdown was completed and is operating within the appropriate guidelines. • Measurement of water level fluctuations will continue to be conducted. • SWFWMD may change their requirements in the future. • Mr. Benson is waiting for an estimate to do further repairs. C. Update on U.S.. 41 Median Flooding • Mrs. Dillon reported someone from FDOT was measuring the road in this area, but she has not heard anything official from them. Monday, 9/10112 3 August 17, 2012 16 I' 1 A 3 '", Port of the Islands CID D. Update on Proposals for Sandblasting and Painting of Buildings at POI Utility Site Mr. Edge presented proposals from Service Painting Florida and Custer Construction Inc. for the Board's consideration; copies of which will be entered into the official record. • Mr. Edge believes Custer Construction will do a more thorough job. • Mr. Ziko commented Mr. Edge needs to ensure these companies have contractor's licenses and appropriate insurance coverage. Mr. Lambert MOVED to approve the estimate from Custer Construction Inc. in the amount of $39,132 to clean, treat and paint all surfaces at the Port of the Islands Water Reclamation Plant. Mr. Custer should recuse himself since the company is owned by his son. Mrs. Dillon SECONDED the prior motion as discussed. There being no further discussion, On VOICE vote with Mr. Ziko, Mrs. Dillon and Mr. Lambert voting aye; and Mr. Custer recusing himself from voting, the estimate from Custer Construction Inc. in the amount of $39,132 to clean, treat and paint all surfaces at the Port of the Islands Water Reclamation Plant was approved subject to said contractor providing the appropriate construction licenses and insurance. Mr. Cox acknowledged he will provide Mr. Custer with Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, which will be entered into the official record for this meeting. SIXTH ORDER OF BUSINESS New Business There being no new business to discuss, the next item followed. SEVENTH ORDER OF BUSINESS District Manager's Report A. Approval of ,July 31, 2012 Financial Statements and Check Register Mr. Baldwin presented the July 31, 2012 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. Monday, 9/10/12 4 16111 A'13 August 17, 2012 Port of the Islands CID • Tax collections are at 93 %, with Mr. Motwani's being the only outstanding property. • Total revenues are at 94 %. • Total expenses are at 72 %. • Mr. Baldwin was asked to follow up with Mr. Teague on the following items: ➢ An explanation for two items under Unused Residue Budget Old Contract on Page 10 in the Check Register and two similar items on Page 11. ➢ The reason these Financial Statements show monthly charges only going back to May and June. • Mr. Edge will work through details of the water bill for the Gun Club. There being no further discussion, On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the July 31, 2012 Financial Statements and Check Register were approved. B. Meeting Schedule for Fiscal Year 2013 Mr. Baldwin presented the Meeting Schedule for Fiscal Year 2013 for the Board's review and approval; a copy of which will be entered into the official record. Mrs. Dillon MOVED to approve the Meeting Schedule for Fiscal Year 2013; and Mr. Custer seconded the motion. • Mr. Lambert asked Severn Trent Services to ensure all of these meetings occur on the third Friday of each month. There being no further discussion, On VOICE vote with all in favor, the prior motion was approved as discussed. EIGHTH ORDER OF BUSINESS Field Manager's Report A. Discussion of July 2012 Operations Report Mr. Edge distributed the July 2012 Operations Report for discussion; a copy of which will be entered into the official record. Monday, 9/10/12 5 August 17, 2012 16I�Y A3 9 Port of the Islands CID • The broken fire hydrant at Newport Cay was repaired this week. ➢ The CID is responsible for annual testing according to the statutes. ➢ Mr. Edge will implement a plan to ensure all of the hydrants are inspected on a quarterly basis. ➢ Broken hydrants are usually bagged; and the Fire Department is notified. • Backflow prevention testing revealed seven backflow meters in Orchid Cove are in need of repair. ➢ Purchase and installation of the kits will cost a little over $1,000. ➢ The Board would like to see a breakdown of labor and hours being charged and projected for the work to be done. B. Update on Leaking/Rusting of Fire Hydrants • Mr. Edge inspected the hydrants and did not find any which were leaking or rusting. Miscellaneous issues were discussed. • Mr. Edge commented mosquito spraying has been decreased, as there have not been many mosquito issues lately. • Mr. Edge is in the process of training to obtain a pesticide application license. • The rain gauges have been turned off, but Mr. Edge will follow up with Soto regarding any issues. NINTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The Judge denied the Motion for Summary Judgment. • The entity which holds the mortgage to the hotel is filing a separate lawsuit challenging the priority of the liens; and Mr. Cox will be filing a motion to dismiss around August 28, 2012. ➢ A motion to consolidate the two lawsuits has been filed with the attorney agreeing to work with Mr. Motwani's attorney to review the documents Severn Trent has already provided; and has also agreed to read through the depositions which have already been taken. • Mr. Cox will have to hire a couple of experts to assist in the investigation. Monday, 9/10/12 6 1611 A3 ' August 17, 2012 Port of the Islands CID • Mr. Motwani suffered a severe heart attack, which will delay the proceedings further. • Mr. Cox believes this will not likely go to trial until early next year. B. Update on Lot 45 Drainage Swale Agreement C. Update on Sunset Cay Utility Dedication Report • Mr. Cox has not received any feedback on either of these items. TENTH ORDER OF BUSINESS Engineer's Report A. Update on New Water Treatment Plant Mr. Benson presented the Monthly Progress Report for discussion; a copy of which will be entered into the official record. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • They have not sent any further pay requests; and Severn Trent is holding $163,000 of the contract balance. • It was suggested Mr. Lambert continue to work as the Board's representative with Mr. Benson, Mr. Cox and Mr. Teague to determine recommendations to proceed further. • A change order will probably be necessary to close out the contract. • No final completion date has been determined. ELEVENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Custer commended CERT for all of their efforts in the past. • Mr. Lambert suggested a line item be set up to cover possible equipment replacement at the water plant, similar to what was done with the MBR membranes. • Mr. Migdal commented Mr. Edge is able to view the new water treatment plant and data in real time on the IPad. TWELFTH ORDER OF BUSINESS Audience Comments • The Fire Chief discussed the survey they are preparing for insurance services throughout the districts. • The Fire District has not been able to find any alternatives to fund the POT Marina. Monday, 9/10/12 7 16 111 A3 August 17, 2012 Port of the Islands CID • Mr. Davis was told there has been no feedback from Sunstream Resorts regarding the three buildings they were going to put in on the south side. • Mr. Davis was told the weir move is not going to affect the water flow and the fire hydrant. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the meeting was adjourned. ,A /ssisrant.Sci;raur -y V/CIF (f r- tR- il2MR� Monday, 9/10/12 8 Richard Ziko Chairman 16I�1' i-1 RESOLUTION 2012 -6 A RESOLUTION OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT RELATING TO THE ANNUAL APPROPRIATIONS OF THE DISTRICT AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; AND REFERENCING THE MAINTENANCE AND BENEFIT SPECIAL ASSESSMENTS TO BE LEVIED BY THE DISTRICT FOR SAID FISCAL YEAR WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June 2012, submitted to the Board of Supervisors (the 'Board ") a Proposed Budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Annual Budget and any proposed long -term financial plan or program of the District for future operations (the "Proposed Budget ") the District did file a copy of the Proposed Budget with the general purpose local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and WHEREAS, on May 18, 2012, the Board set August 17, 2012, as the date for a Public Hearing thereon and caused notice of such Public Hearing to be given by publication pursuant to Section 190.008(2)(a) Florida Statutes; and WHEREAS, Section 190.008(2)(a), Florida Statutes requires that, prior to October 1 of each year, the District Board by passage of the Annual Appropriation Resolution shall adopt a Budget for the ensuing Fiscal Year and appropriate such sums of money as the Board deems necessary, based on the advice and report of its consulting engineer, to defray all expenditures of the District during the ensuing Fiscal Year; and WHEREAS, the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis, whereby the Budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the Fiscal Year; and WHEREAS, Section 190.021, Florida Statutes provides the Annual Appropriation Resolution shall also fix the Maintenance Special Assessments and Benefit Special Assessments upon each piece of property within the boundaries of the District benefited, specifically and peculiarly, by the maintenance and/or capital improvement programs of the District, such levy representing the amount of District assessments necessary to provide for payment during the ensuing budget year of all properly authorized expenditures to be- incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds, in order for the District to exercise its various general and special powers to implement its single and specialized infrastructure provision purpose; and 1611 A3 4 WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds and determines the non -ad valorem special assessments it imposes and levies by this Resolution for maintenance on the parcels of property involved will constitute a mechanism by which the property owners lawfully and validly will reimburse the District for those certain special and peculiar benefits the District has determined are received by, and flow to, the parcels of property from the systems, facilities and services being provided, and the special and peculiar benefits are apportioned in a manner which is fair and reasonable in accordance with applicable assessment methodology and related case law; and WHEREAS, the Chair of the Board of Supervisors may designate the District Manager or other person to certify the Non -Ad Valorem Assessment Roll to the Tax Collector in and for Collier County political subdivision on compatible electronic medium tied to the property identification number no later than 15 September 2012 so that the Tax Collector may merge that roll with others into the collection roll from which the November tax notice is to be printed and mailed; and WHEREAS, the proceeds from the collections of these imposed and levied non -ad valorem assessments shall be paid to the Port of the Islands Community Improvement District; and WHEREAS, the Tax Collector, under the direct supervision of the Florida Department of Revenue performs the state work in preparing, mailing out, collecting and enforcing against delinquency the non -ad valorem assessments of the District using the Uniform Collection Methodology for non -ad valorem assessments; and WHEREAS, if the Property Appraiser and the Tax Collector have adopted a different technological procedure for certifying and merging the rolls, that procedure must be worked out and negotiated with Board approval through the auspices of the District Manager before there are any deviations from the provisions of Section 197.3632, Florida Statutes, and Rule 12D -18, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT; Section 1. The provisions of the whereas "clauses are true and correct and are incorporated herein as dispositive. Section 2. Budget a. The Board of Supervisors has reviewed the District Manager's Proposed Budget, a copy of which is on file with the Office of the District Treasurer and the Office of the Recording Secretary, and is hereby attached to this Resolution, and hereby approves certain amendments thereto, as shown in Section 3 below. b. The District Manager's Proposed Budget, as amended by the Board, is adopted hereby in accordance with the provisions of Section 190.008(2)(a), Florida Statutes and incorporated herein by reference; provided, however, that the comparative figures 2 16I 'A3 contained in the Adopted Budget may be revised subsequently as deemed necessary by the District Manager to reflect actual revenues and expenditures for Fiscal Year 2012 and/or revised projections for Fiscal Year 2013. C. The Adopted Budget, as amended, shall be maintained in the Office of the District Treasurer and the District Recording Secretary and identified as "The Budget for the Port of the Islands Community Improvement District for the Fiscal Year Ending September 30, 2013, as Adopted by the Board of Supervisors on August 17, 2012." Section 3. Appropriations That there be, and hereby is appropriated out of the revenues of the Port of the Islands Community Improvement District, for the Fiscal Year beginning October 1, 2012, and ending September 30, 2013 the sum of One Million, Six Hundred Ninety -two Thousand, Five Hundred Twenty -eight Dollars ($1,692,528) to be raised by the applicable imposition and levy by the Board of applicable non -ad valorem special assessments and otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $ 415,260 ENTERPRISE FUNDS/WATER & SEWER $1,277268 Total All Funds $1,692,528 Section 4. Supplemental Appropriations The Board may authorize by Resolution supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the Fiscal Year as follows: a. Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item. b. Board may authorize an appropriation from the unappropriated balance of any fund. C. Board may increase any revenue or income budget account to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. The District Manager and Treasurer shall have the power within a given fund to authorize the transfer of any unexpended balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand Dollars ($10,000) or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the applicable Department Director and the District Manager or Treasurer. The District Manager or Treasurer must establish administrative procedures, which require information on the request forms proving that such transfer requests comply with this section. 1611 A3 1 Section 5. Maintenance Special Assessment Levy: Fixed and Referenced and to be Levied by the Board a. The Fiscal Year 2013 maintenance special assessment levy (the "assessment levy') for the assessment upon all the property within the boundaries of the District based upon the special and peculiar benefit received and further based upon reasonable and fair apportionment of the special benefit, shall be in accordance with the attached Exhibit, which levy represents the amount of District assessments necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. Said assessment levy shall be distributed as follows: General Fund O & M $ [See Assessment Levy Resolution 2012 -71 Debt Service Fund $ [See Assessment Levy Resolution 2012 -7] b. The designee of the Chair of the Board of Supervisors of the Port of the Islands Community Improvement District shall be the Manager or the Treasurer of the District designated to certify the Non -Ad Valorem Assessment Roll to the Tax Collector in and for the Collier County political subdivision, in accordance with applicable provisions of State law (Chapters 170, 190 and 197, Florida Statutes) and applicable rules (Rule 12D- 18, Florida Administrative Code) which shall include not only the maintenance special assessment levy but also the total for the debt service levy, as required by and pursuant to law. Introduced, considered favorably, and adopted this 17th day of August, 2012. Port of the Islands Community (Improvement District e. I 11"fl Richard C. Zi Chairman Charles Custer Assistant Secretary 4 1611 A3 PORT OF THE ISLANDS Community Improvement District Annual Operating and Debt Service Budget Fiscal Year 2013 Version 4 - Final Budget: (Adopted at 8/17 /2012 meeting) Prepared by: 16 I 1 PORT OFT A 3 HE ISLANDS Community Improvement District Table of Contents Page # OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balances .... ............................... 1 -2 BudgetNarrative .......................................................................... ............................... 3-5 Exhibit A - Allocation of Fund Balances ............................................. ............................... 6 Water and Sewer Fund Summary of Revenues, Expenditures and Changes in Fund Balances .... ............................... 7 -8 BudgetNarrative .......................................................................... ............................... 9 -12 AmortizationSchedule ................................................................... ............................... 13 Exhibit B - Allocation of Fund Balances ............................................. ............................... 14 SUPPORTING BUDGET SCHEDULES 2012 -2013 Non -Ad Valorem Assessment Summary ......................... ............................... 15 CIPSchedule .......................................................................... ............................... 16 1611 'A3 M Port of the Islands Community Improvement District Operating Budget Fiscal Year 2013 PORT OF THE ISLANDS Community Improvement District Summary of Revenues, Expenditures and Changes In Fund Balances Fiscal Year 2013 Adopted Budget IIA31 General Fund ADOPTED ACTUAL PROJECTED TOTAL ADOPTED ACTUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2010 FY 2011 FY 2012 JUL -2012 SEP -2012 FY 2012 FY 2013 REVENUES Interest - Investments $ 9,977 $ 61315 $ 2,090 $ 3,514 $ 703 $ 4,217 $ 2,177 Net Incr (Decr) In FMV- Invest 6,271 2,159 - 1,708 - 1,708 7,000 Interest - Tax Collector . 1,429 166 - 24 - 24 - Special Assmnts- Tax Collector 404,299 402,233 435,400 402,231 33,189 435,400 435,400 Special Assmnts- Refund (13,304) - 12,600 - - - - Special Assmnts- Delinquent 3,795 26,867 27,539 - 66,290 66,290 28,365 Special Assmnts- Discounts (12,027) (11,128) (17,416) (11,205) - (11,205) (17,416) Other Miscellaneous Revenues 3,277 3,676 8,974 8,974 - - - TOTAL REVENUES 403,717 403,421 420,074 396,272 100,162 496,434 420161 EXPENDITURES Administmilve 99,703 101,289 103,821 82,748 16,666 99,414 100,000 P/R -Board of Supervisors 6,400 5,700 7,000 5,500 1,500 7,000 7,000 FICATaxes 490 436 536 421 115 536 536 ProfServ- Engineering 16,550 21,523 26,000 18,040 7,960 26,000 26,000 ProfServ-Legal Services 28,890 30,200 12,600 32,664 8,533 39,197 12,500 ProfServ-Mgmt Consulting Sery 26,084 26,867 27,539 22,949 4,590 27,539 28,365 ProfServ- Property Appraiser - - 6,530 6,531 - 6,531 6,531 ProfServ- Special Assessment 8,500 8,755 8,974 8,974 8,974 9,243 Auditing Services 4,432 3,750 3,750 3,500 - 3,500 3,750 Communication - Telephone 69 22 100 20 4 24 100 Postage and Freight 1,280 1,129 1,500 937 187 1,124 1,500 Rental- Meeting Room 600 325 300 275 75 350 350 Insurance - General Liability 7,979 7,830 8,270 7,690 - 7,690 8,844 Printing and Binding 1,551 1,578 2,000 987 1,013 2,000 2,000 Legal Advertising 2,475 475 "DO 493 1,707 2,200 2,200 Miscellaneous Services 293 482 400 835 187 1,002 1,375 Misc - Assessmnt Collection Cost 1,944 (3,801) 8,708 7,821 887 8,708 8,708 Mist -Web Hosting - 119 - 119 1,000 Office Supplies 774 448 650 215 43 258 650 Annual District Filing Fee 175 175 175 t75 - 175 175 Total Administrative 108,486 105,894 117,132 118,146 24,781 142,927 120,826 Field Contracts-Mgmt Services 99,703 101,289 103,821 82,748 16,666 99,414 100,000 Contracts - Landscape 95,953 97,639 79,440 66200 1340 79,440 79,440 Electricity - Streetlighting 12,267 13,439 13,000 13,563 2,713 16,276 16,500 Utility - Irrigation 9,248 6,559 7,200 12,253 2,451 14,704 12,600 R&M- Renewal and Replacement 19,567 17,126 20,000 91936 1,987 11,923 10,000 R&M -Roads & Alleyways - 6,000 - - - 4,000 R&M- Signage - 1,000 Capital Outlay 4,508 73,481 70,894 Total Field 241,246 236,052 302,942 184,700 $7,056 221,756 294,434 TOTAL EXPENDITURES 349,732 341,946 420,074 302,846 61,837 364,683 415 260 Annual Operating and Debt Service Budget F(scal Year 2013 PORT OF THE ISLANDS Community Improvement District 1611 A3 q Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2013 Adopted Budget General Fund ADOPTED ACTUAL PROJECTED TOTAL ADOPTED ACTUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2010 FY 2011 FY 2012 JUL -2012 SEP -2012 FY 2012 FY 2013 Excess (deficiency) of revenues Over (under) expenditures 53,985 61,475 93,426 38,325 131,751 4,901 OTHER FINANCING SOURCES (USES) Contribution to (Use of) Fund Balaance _ _ _ 4,901 TOTAL OTHER SOURCES (USES) 4,901 Net change in fund balance 53,985 61,475 93,426 38,325 131,751 4,901 FUND BALANCE, BEGINNING 1,046,687 1,100,672 1,162,147 1,162,147 - 1,162,147 1,293,898 FUND BALANCE, ENDING $1,100,672 $1,162,147 . $ 1,162,147 $ 1,255,573 $ 38,325 $1,293899 $ 1,298,799 Annual Operating and Debt Service Budget Fiscal Year 2013 2 1611 A3 4 PORT OF THE ISLANDS Community Improvement District General Fund Budget Narrative Fiscal Year 2013 REVENUES Interest-investments The District earns interest on the monthly average collected balance for their operating accounts. Special Assessments -Tax Collector The District will levy a Non -Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the Fiscal Year, Special Assessments- Discounts Per Section 197.162, Florida Statues, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non -Ad Valorem assessments. EXPENDITURES Administrative P/R -Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated $200 per meeting at which they are in attendance. The amount for the Fiscal Year is based on 5 Board members paid for attending 14 meetings. The fees will be split evenly with the Water & Sewer Fund. FICA Taxes Payroll taxes for supervisor salaries are calculated as 7.650/a of payroll. Professional Services- Engineering The District's engineer provides general engineering services to the District, i.e. attendance and preparation for monthly board meetings when requested, review of invoices, and other specifically requested assignments. The budgeted amount for the fiscal year is based on prior year spending. The fees for shared general maters only will be split evenly with the Water & Sewer Fund. Professional Services -Legal Services The District's Attorney provides general legal services to the District, i.e., attendance and preparation for monthly Board meetings, review of contracts, review of agreements and resolutions, and other research as directed by the Board of Supervisors and the District Manager. The fees will be split evenly with the Water & Sewer Fund based on the percent budgeted for each fund. Professional Services - Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. Professional Services- Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The FY2013 budget for collection costs was based on 1.5% of the anticipated assessment collections. Annual Operating and Water /Sewer Budget Fiscal Year 2013 3 16 I f A 3 Ri PORT OF THE ISLANDS Community Improvement District Genera! Fund Budget Narrative Fiscal Year 2013 EXPENDITURES Administrative (continued) Professional Services - Special Assessment The District has contracted with Severn Trent Management Services, Inc. to levy annual assessments, update the District's tax roll, prepare estoppel letters and handle any customer service questions regarding assessments. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The fees will be split evenly with the Water & Sewer Fund. Communication-Telephone Telephone and fax transmission expenditures. The budgeted amount for the fiscal year is based on prior year spending. The fees will be split with the Water & Sewer Fund based on the percent budgeted for each fund. Postage and Freight This represents costs associated with actual postage and/or freight used for District mailings Including agenda packages, vendor checks and other correspondence. The fees will be split evenly with the Water & Sewer Fund. Rentals — Meeting Room The District is charged $50 per occurrence for the use of the meeting room at which the District's meetings are held. This fee will be split evenly with the Water & Sewer Fund. Insurance — General Liability The District currently has its Insurance Policy with the Florida Municipal Insurance Trust. This includes general liability, storage tank and property insurance. The FY 2013 budget includes an estimated 159'6 increase of the actual FY 2012 premium. Printing and Binding This represents costs associated with copies used in the preparation of agenda packages, required mailings, and other special projects. The budgeted amount for the fiscal year is based on prior year spending. The fees will be split with the Water & Sewer Fund based on the percent budgeted for each fund. Legal Advertising The District is required to advertise various notices for monthly Board meetings and other public hearings in a newspaper of general circulation. The board will advertise for their meetings annually. The fees will be split with the Water & Sewer Fund based on the percent budgeted for each fund. Miscellaneous Services This includes monthly bank charges and any other miscellaneous expenses that may be incurred during the year. Miscellaneous- Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The FY2013 budget for collection costs was based on a maximum of 2% of the anticipated assessment collections. Annual Operating and Water /Sewer Budget Fiscal Year 2013 4 1611 A3 PORT OF THE ISLANDS Community Improvement District General Fund Budget Narrative Fiscal Year 2013 EXPENDITURES Administrative (continued) Miscellaneous -Web Hosting The District expects to incur costs associated with Web Hosting. Office Supplies Supplies used in the preparation and binding of agenda packages, required mailings, and other special projects. Annual District Filing Fee The District is required to pay an annual fee of $175 to the Department of Community Affairs. Field Contracts -Mgmt Services The District has contracted with Severn Trent Environmental Services to provide operating, maintenance and field management services. This contract includes a predetermined amount of R &M costs. Costs above the specified amount are recorded as 'R&M-Renewal and Replacement'. Any unused R &M costs are returned to the district. Contracts - Landscape Soto's Lawn currently provides monthly landscape services to the district for a monthly fee of $6,620 ($79,440 /year). The remainder of the budgeted expenditures is to cover any incidental landscape expenditures that the district may incur. Electricity - Streetlighting The District currently has 3 electric accounts with Lee County Cooperative for streetlights located on District Roads. Expenses are based on prior year's electric bills. The district receives a reimbursement for a portion of the decorative street lighting from Orchid Cove. Account No, Service Address 0051120000 0 Eveningstar Cay 4941120000 Newport Drive 5741120000 262 Stella Maris Utility - Irrigation The District is currently being billed by the Water /Sewer Fund of Port of the Islands CID for irrigation water for the common areas that the District is required to maintain. R &M- Renewal and Replacement Various repair and maintenance costs incurred as needed including but not limited to the entrance, monuments and lighting. R &M -Roads & Alleyways Expenses incurred while maintaining District roadways. R &M- Signage This category includes costs for maintaining or replacing signage throughout the District. Capital Outlay Monies spent on capital improvement projects as identified by the board. Annual Operating and Water /Sewer Budget Fiscal Year 2013 1611 A3 1 PORT OF THE ISLANDS Community Improvement District Exhibit "A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance - Fiscal Year 2013 $ 1,283,898 Net Change in Fund Balance - Fiscal Year 2013 4,901 Reserves - Fiscal Year 2013 Additions - Total Funds Available Estimate - 9130/2013 1,Z18,799 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve - First Quarter Operating Capital 103,815 pi Subtotal 103,815 Total Allocation of Available Funds 103,8151 Total Unassigned (undesignateM Cash $ 1194,984 Notes (1) Represents approximately 3 months of operating expenditures Genera! Fund Annual Operating and Debt Service Budget Fiscal Year 2013 6 PORT OF THE ISLANDS Community Improvement District 1611 ' A3 Water And Sewer Fund Summary of Revenues, Expenses and Changes in Net Assets Fiscal Year 2013 Adopted Budget ADOPTED ACTUAL PROJECTED TOTAL ADOPTED ACTUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2010 FY 2071 FY 2012 JUL -2012 SEP -2012 FY 2012 FY 2013 OPERATING REVENUES Interest - Investments $ 3,980 $ 6,244 $ 5,448 $ 2,434 $ 487 $ 21921 $ 2,838 Water Revenue 41,656 41,379 40,000 36,341 $ 7,268 43,609 43,000 Sewer Revenue 59,903 58,819 60,000 54,460 $ 10,892 65,352 65,000 Irrigation Fees 102,220 93,629 100,000 70,426 $ 14,085 84,511 100,000 Meter Fees - - 12,500 2,500 - 2,500 - Net Incr (Deer) In FMV- Invest 11,677 4,021 27,652 3,180 4,609 3,180 28,482 Interest - Tax Collector 3,271 - - 17,025 - 17,025 - Special Assmnls- Tax Collector 1,055,823 1,048,566 1,135,025 1,048,559 86,468 1,135,027 1,135,025 Special Assmms- Refund (34,209) 15,155 15,821 - - - - Speciai Assmnts- Delinquent 9,912 3,750 3,750 - 172,964 172,964 3,750 Special Assmnts- Discounts (31,407) (29,009) (45,401) (29,209) - (29,209) (45,401) Other Miscellaneous Revenues 11,552 19,379 1,000 4,485 - 4,485 - TOTAL OPERATING REVENUES 1,234,378 1 243 028 1 ,072 1,193,176 292,164 1,485,340 1 300 462 OPERATING EXPENSES Personnel and Administration 271 - - - P/R -Board of Supervisors 6,400 5,700 7,000 5,500 1,500 7,000 7,000 FICA Taxes 490 436 536 421 115 536 536 ProfServ- Engineering 25,531 37,564 26,000 18,040 7,960 26,000 26,000 ProfServ-Legal Services 29,076 30,200 12,500 32,664 6,533 39,197 12,500 ProfServ-Mgmt Consulting Sery 26,192 26,978 27,652 23,043 4,609 27,652 28,482 ProfServ- Property Appraiser 27,693 - 17,024 17,025 7,500 17,025 17,025 ProfServ- Special Assessment 7,250 7,468 7,655 7,655 7,500 7,655 7,885 ProfServ- Utility Billing 15,135 15,155 15,821 9,053 9,053 - Auditing Services 3,568 3,750 3,750 3,500 - 3,500 3,750 Communication - Telephone 58 21 100 20 4 24 100 Postage and Freight 634 561 1,000 545 109 654 1,000 Rental - Meeting Room 600 325 300 275 75 350 350 Insurance - General Liability 7,979 7,830 8,270 7,690 - 7,690 8,270 Printing and Binding 969 986 11500 740 760 1,500 1,500 Legal Advertising 1,841 353 1,600 424 1,176 11600 1,600 Miscellaneous Services 810 1,371 1,100 1,876 375 2,251 2,050 Misc-Assessmm Collection Cost 37,904 20,371 22,701 20,387 2,314 22,701 22,701 Office Supplies 885 517 750 252 50 302 750 Depreciation Expense 253,166 308,309 - - - - - Total Personnel and Administration 418,488 467,895 155,259 149,110 25,580 174,690 141,498 Water -Sewer Comb Services Unemployment Compensation 271 - - - Contracts -Mgmt Services 300,698 304,000 311,599 250,637 51,589 302,226 309,533 Contracts -Other Services - 1,750 2,000 1,750 250 2,000 2,000 Communication - Teleph - Field 3,918 3,867 3,768 3,304 661 3,965 4,512 Uglily - General 76,559 79,983 80,000 67,937 13,587 $1,524 80,000 R &M- Irrigalion 7,134 28,121 10,000 35,472 7,500 42,972 10,000 R &M -Water Plant 27,693 21,415 10,000 22,669 7,500 30,169 10,000 R &M -Waste Water Plant 39,203 46,609 25,000 40,258 7,500 47,758 9,866 Annual Operating and Debt Service Budget Fiscal Year 2013 7 1611 A3 I PORT OF THE ISLANDS Community Improvement District Water And Sewer Fund Summary of Revenues, Expenses and Changes in Net Assets Fiscal Year 2013 Adopted Budget ADOPTED ACTUAL PROJECTED TOTAL ADOPTED ACTUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2010 FY 2011 FY 20t2 JUL -2012 SEP -2012 FY 2012 FY 2013 Miso -Bad Debt 15,359 - - 2,079 2,079 - Misc- Licenses & Permits - 4,375 4,500 4,375 4,375 4,500 Cap Outlay - Irrigation - 10,000 - - _ - Cap Outlay -Water Plant - 3,697,180 3,022,690 635,533 3,658,223 50,000 Cap Outlay -Waste Water Plant - 30,796 18,635 12,161 30,796 - Capital Reserve 25,000 179,380 655,360 102,097 72,883 174,920 Total Water-Sewer Comb Services 470,835 490,100 4,209`3 3,469,806 736,261 4,206,087 480,411 Debt Service Principal Debt Retirement - 480,440 - - 497,303 Interest Expense - 179,380 174,920 102,037 72,883 174,920 158,056 Cost of Issuance _ Total Debt Service 179,380 655,360 102,097 72,883 174,920 655,360 TOTAL OPERATING EXPENSES 889 ,323 1,137 375 5,020,462 3 720,953 834,744 4,555,697 1 277,268 Operating income (loss) 345,055 105,653 (3,725,390) (2,527,777) (542,580) (3,070,3571 23,194 OTHER FINANCING SOURCES (USES) Special Item (Gain) 106,000 - _ Contribution to (Use of) Fund Balance TOTAL OTHER SOURCES USES 105,000 Change In net assets 451,055 105,653 (3,725,390) (2,527,777) (542,580) (3,070,357) 23,194 TOTAL NET ASSETS, BEGINNING 7,090,496 7,541,551 7,647,204 7,647,204 - 7,647,204 4,576,847 TOTAL NET ASSETS, ENDING 7541 551 7 647,204 3 921 614 _ $ 5,118,427 _ $ (542,580) $ 4,576,847 S 4,600,041 Annual Operating and Debt Service Budget Fiscal Year 2013 g 1611 A3 0 PORT OF THE ISLANDS Community Improvement District Water and Sewer Fund Budget Narrative Fiscal Year 2013 REVENUES Interest - investments The District earns interest income on their operational accounts. Water Revenue Based on prior year's budget and water consumption and anticipated use. Sewer Revenue Based on prior year's budget and waste water consumption and anticipated use. Irrigation Fees Based on prior year's budget and irrigation water consumption and anticipated use. Special Assessments -Tax Collector The District will levy a Non -Ad Valorem assessment on all the assessable property within the District in order to pay for the debt service expenditures during the Fiscal Year. Special Assessments- Discounts Per Section 197.162, Florida Statues, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non -Ad Valorem assessments. EXPENDITURES Administrative P/R Board of Supervisor Salaries Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based on 5 Board members paid for attending 14 meetings. The fees will be split evenly with the General Fund. FICA Taxes Payroll taxes for supervisor salaries are calculated as 7.65% of payroll. Professional Services - Engineering The District's engineer provides general engineering services to the District, i.e. attendance and preparation for monthly board meetings when requested, review of invoices, and other specifically requested assignments. The fees for shared general maters only will be split evenly with the Water & Sewer Fund. Professional Services -Legal Services The District's Attorney provides general legal services to the District, i.e., attendance and preparation for monthly Board meetings, review of contracts, review of agreements and resolutions, and other research assigned as directed by the Board of Supervisors and the District Manager. The fees will be split evenly with the General Fund. Professional Services - Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Management Services, Inc. Annual Operating and Water/Sewer Budget Fiscal Year 2013 1611 p3 4 PORT OF THE ISLANDS Community improvement District Water and Sewer Fund Budget Narrative Fiscal Year 2013 EXPENDITURES Administrative (continued) Professional Services - Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The FY2013 budget for collection costs was based on 1.5% of the anticipated assessment collections. Professional Services - Special Assessment The District has contracted with Severn Trent Management Services, Inc. to levy annual assessments, update the District's tax roll, prepare estoppel letters and handle any customer service questions regarding assessments. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The fees will be split evenly with the General Fund. Communication-Telephone Telephone and fax machine expenses. The budgeted amount for the fiscal year is based on prior year spending. The fees will be split with the General Fund based on the percent budgeted for each fund. Postage and Freight This represents actual postage and/or freight used for District mailings including agenda packages, vendor checks and other correspondence. The budgeted amount for the fiscal year is based on prior year spending. The fees will be split with the General Fund based on the percent budgeted for each fund. Rentals — Meeting Room The District is charged $50 per occurrence for the use of the meeting room at which the district's meetings are held. This fee will be split evenly with the General Fund. Insurance— General Liability The.District currently has its Insurance Policy with the Florida Municipal Insurance Trust. The FY 2013 budget includes an estimated 15% Increase of the actual FY 2012 premium. Printing and Binding Copies used in the preparation of agenda packages, required mailings, and other special projects. The budgeted amount for the fiscal year is based on prior year spending. The fees will be split with the General Fund based on the percent budgeted for each fund. Legal Advertising The District is required to advertise various notices for monthly Board meetings and other public hearings in a newspaper of general circulation. The board has chosen to advertise for their meetings annually. The fees will be split with the General Fund based on the percent budgeted for each fund. Miscellaneous Services This includes bank charges and any miscellaneous expenses that may be incurred during the year. Miscellaneous- Assessment Collection Cost The District reimburses the Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The FY2013 budget for collection costs was based on a maximum of 2% of the anticipated assessment collections. Annual Operating and Water /Sewer Budget Fiscal Year 2013 10 1611A3 A PORT OF THE ISLANDS Community Improvement District Water and Sewer Fund Budget Narrative Fiscal Year 2013 EXPENDITURES Administrative (continued) Office Supplies Supplies used in the preparation and binding of agenda packages, required mailings, and other special projects. The fees will be split with the General Fund based on the percent budgeted for each fund. Field Contracts -Mgmt Services The District has contracted with Severn Trent Environmental Services to provide operating, maintenance and field management services. This contract includes a predetermined amount of R &M costs. Costs above the specified amount are recorded as 'R &M- Renewal and Replacement'. Any unused R &M costs are returned to the district. Contracts-Other Services Includes contract services provided by Superior Power plus a contingency. Communication — Teleph — Field Century Link and Sprint provide communication services to the District. The following accounts are included in this line item: V ndor Description Annual Amount Century Link Plant Land Line (239- 642 -9219) $3,180 Century Link Plant Fax Line (239- 642 -9392) 504 Simplex Grinnell Alarm Monitoring 744 Sprint Automated syc to notify Bob of cower failures 84 Total $4,512 Utility - General The District currently has 10 electric accounts with Lee County Cooperative for irrigation, lift stations, water and waste water plant. The estimated cost is based on prior year's average monthly electric bills and anticipated use. Account No. Service Address Svc. Type 9741120000 25000 E. Tamlami Irrigation 1941120000 0 Port of the Islands Irrigation 3841120000 119 Newport Drive Irrigation 7841120000 Union Road Irrigation 0941120000 245 Stella Maris Drive Lift Station 1841120000 0 Newport Drive Lift Station 7624900000 160 Cays Drive Lift Station 6941120000 0 Cays Drive Lift Station 3083520000 0 Newport Drive Lift Station 3941120000 86112700 P Islands Waste Water R &M — irrigation Repair and maintenance costs associated with the main pumps and other irrigation equipment at the plant. R &M — Water Repair and maintenance costs associated with the water plant. R &M — Waste Water Repair and maintenance costs associated with the waste water plant. Annual Operating and Water/Sewer Budget Fiscal Year 2013 11 1611A3 1 PORT OF THE ISLANDS Community Improvement District Water and Sewer Fund Budget Narrative Fiscal Year 2013 EXPENDITURES Field (continued) Miscellaneous - Licenses & Permits Costs incurred for various licenses and permits pertaining to the water and waste water plants including an annual drinking water license and waste water regulatory fee. Capital Outlay — Water Funds spent on capital improvement projects for the water plant. • W -15 $50,000 NEW WATER METER REPLACEMENT PROGRAM TO INCLUDE BACKFLOW PREVENTION: Debt Service Principal Debt Retirement Principal payment due on Series 2010 bond. Interest Expense Interest payment due on Series 2010 bond. Annual Operating and Water /Sewer Budget Fiscal Year 2013 12 PORT OF THE ISLANDS Community Improvement District Debt Amortization Series 2010 Bond 16P1 A 3 '' Period Coupon Debt Annual Debt Ending Principal Rate Interest Service Service 11/1/2012 $79,02823 $79,028.23 5/1/2013 $497,303.14 3.510% $79,02823 $576,331.37 $855,359.60 11/1/2013 $70,300.56 $70,300.56 5/1/2014 $514,758.49 3.5100% $70,300.56 $585,059.05 $855,359.61 11/1/2014 $61,266.55 $61,266.55 5/1/2015 $532,826.51 3.5109/6 $61,266.55 $594,093.06 $655,359.61 11/1/2015 $51,915.45 $51,915.45 5/1/2016 $551,528.72 3.510% $51,915.45 $603,444.17 $655,359.62 11/1/2016 $42,236.12 $42,236.12 5/112017 $570,887.38 3.510% $42,236.12 $613,123.50 $655,359.62 11/1/2017 $32,217.04 $32,217.04 5/112018 $590,925.52 3.5101/a $32,217.04 $623,14256 $655,359.60 11/1/2018 $21,846.30 $21,846.30 5!1/2019 $611,667.01 3.510°/0 $21,846.30 $633,513.31 $655,359.61 11/1/2019 $11,111.55 $11,111.55 5/1/2020 $633,136.52 3.510% $11,111.55 $644,248.07 $655,359.62 Total $4,503,033.29 $739,843.60 $5aL268.76.89 $5,242,876.89 Annual Operating Budget Fiscal Year 2013 13 PORT OF THE ISLANDS Community Improvement District Exhibit "B" Allocation of Fund Balances 1611 A 3 4 AVAILABLE FUNDS Anmupt Beginning Fund Balance - Fiscal Year 2013 $ 4,576,847 Net Change in Fund Balance - Fiscal Year 2013 23,194 (1) Less: Cap Assets Net of Related Debt (4,547,734) Total Funds Available (Estimated) - 9!30!2013 52,307 ALLOCATION OF AVAILABLE FUNDS Nonspendable Fund Balance Deposits 32,950 Total Allocation of Available Funds 32,950 Total Unassigned Cash $ 19,357 Notes (1) Capital assets less bond debt (not available to spend) Water Sewer Fund Annual Operating Budget Fiscal Year 2013 14 1611 A3 4 Port of the Islands Community Improvement District Supporting Budget Schedules Fiscal Year 2013 1611 A3 7 PORT OF THE ISLANDS Community Improvement District Port of the Islands Community Improvement District Non -Ad Valorem Assessment Roll FY 2012 -2013 Product Type Maint. ERC Allocation MaInt1ERC $ 400 WIS ERC Allocation WIS Standby $1,124 $413 WIS Capital $711 Total per Product Hotel Room 1.00 $400 0.60 $248 $427 $1,074 Condo Unit 1.00 $400 0.80 $330 $569 $1,299 Single Family 1.00 $400 1.00 $413 $711 $1,524 Comparison FY 2012 to FY 2013 Product Type Total FY 2013 Total FY 2012 Increase (Decrease) % Change Hotel Room $1,074 $1,074 ($0) 0% Condo Unit $1,299 $1,299 ($0} 0% Single Family $1,524 $1,524 ($0) 0% Annual Operating Budget Fiscal Year 2013 15 I e i, ■� k � \ q § g} §)k jj� §f §k b ) § � | | . � 7�aa ARM _ « � 2 - � E - - � � ®® - - - - - ®- ! s■ &' #k k � -- ® - -- -- § 'F 1—IM - f) / Ell ■ �!w \m @ ; 5 i � { 2 � 7 � � .§■§ �`� - a ■ ■�! %� § 22 ,22 e ) -��\ ■�� 22 §222 � � I § � ■ � � � ■ � eem } . g m�` � ¥ . 2 }■'■ # K 181 ■ i � � a I A3 \. 1611 F 1611 A3 4 RESOLUTION 2012 -7 A RESOLUTION LEVYING AND IMPOSING A NON -AD VALOREM MAINTENANCE SPECIAL ASSESSMENT FOR THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013 Preamble WHEREAS, certain improvements existing within the Port of the Islands Community Improvement District and certain costs of operation, repairs and maintenance are being incurred; and WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds the District's total General Fund Operation Assessments, taking into consideration other revenue sources during Fiscal Year 2013, will amount to $435,400; $1,135,025 in the Water & Sewer Fund; and WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds the non -ad valorem special assessments it levies and imposes by this Resolution for maintenance on the parcels of property involved will reimburse the District for certain special and peculiar benefits received by the property flowing from the maintenance of the systems, facilities and services apportioned in a manner which is fair and reasonable, in accordance with the applicable assessment methodology; and WHEREAS, the District Board understands this Resolution levies only the maintenance assessments for 2013, the Chair of the District, or the designee of the District Manager, shall certify a total Non -Ad Valorem Assessment Roll in a timely manner to the Tax Collector in and for Collier County for collection to include all assessments levied and approved by the District on the property including those for debt service as well as for special maintenance assessments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT OF COLLIER COUNTY, FLORIDA; Section 1. All of the whereas clauses are incorporated herein and are dispositive. Section 2. A special assessment for maintenance as provided for in Chapter 190.021(3), Florida Statutes, (hereinafter referred to as assessment) is hereby levied on the lands within the District. Section 3. The collection and enforcement of the aforesaid assessments shall be by the Tax Collector serving as agent of the State of Florida in Collier County and shall be at the same time and in like manner as ad valorem taxes and subject to all ad valorem tax collection and enforcement procedures which attend the use of the official annual tax notice. 1611 A3 Section 4. The levy and imposition of the maintenance special assessments on lands within the District will be combined with the debt service non -ad valorem assessments which were levied and certified as a total amount on the Non -Ad Valorem Assessment Roll to the Collier County Tax Collector by the designee of the Chair of the Board on compatible medium no later than 15 September 2012, which shall then be collected by the Tax Collector on the tax notice along with other non -ad valorem assessments from other local governments and with all applicable property taxes to each platted parcel of property. Section 5. The proceeds therefrom shall be paid to the Port of the Islands Community Improvement District. Section 6. The Chair of the Board of the Port of the Islands Community Improvement District designates the District Manager to perform the certification duties. Section 7. Be it further resolved, a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED this 17th day of August 2012, by the Board of Supervisors of the Port of the Islands Community Improvement District, Collier County, Florida. -;� ee4. -J/, Charles Custer Richard C. Z' Assistant Secretary Chairman 2 j Soto's Lawn Service, Inc r 11 + .. 2830 35th Ave NE C# �►5 Naples, FL 34120 Lawn rv� ; Inq ... (239)354 -1080 info @sotolawn.com www.sotolawn.com Port of the Islands CID Accounts Payable Severn Trent 210 N. University Drive Coral Springs, F! 3307 1611 Estimate Date Estimate # 08/16/2012 1646 Activity Specialist • Noe �orkhe month of August 2012 • — _..._i _. , Ste 702 • Soto's Lawn has completed Hardwood Tree trimming at CID. If any 1611 Estimate Date Estimate # 08/16/2012 1646 Activity • Noe �orkhe month of August 2012 • • Soto's Lawn has completed Hardwood Tree trimming at CID. If any questions /concerns, please do not hesitate to contact us. • Soto's will be doing a complete fertilization application on shrubs and turfs as soon as the black out period is complete. • At 41 Median, due to the amounts of rain we continue to recieve, we are unable to mow some areas at this time. Grass is to saturated, some areas with standing water. We will continue to monitor and mow as soon as weather permits. • Soto's will be trimming Palms that have a lot of fronds and /or undergrowth at Union Road. • We have treated areas with recent trench bug activity. • All irrigation timers remain in the "OFF" position. We will continue to monitor rain fall. I i . All 0_i:._..1 •••• ��•••••�w �� ZFgrieu unu rerurnea prior to start of Total x - project. + Accepted Byr— -- -: -_._ Accepted Date: 6 kt.- 'ill PUrt4 �f. ?> episaprodocto (andpmpare4 furus46yahe ainrassa�a atxP *&wtaCoiu Pordt r �'csr r Y?roPeetYSPproicarOffire. E .--�j8 I1d8tCS 1�, .. , . Newman�esmaAyronrdwnsPFad, � � LOiS�' ' .... ctaimerThe infornm#on a ppe !ng on tlrs vvetisite was xtracted fromfhe records offhe $.aresota Gou pr SIR Data rmationavatla6ie :However, wer�atdies expressed . !m A raise�sOtfc g it rod the t Pet1Y PP ur oa S to p vt a most accurate 9 PAed are provldadforthe data;.jfs use, 0[-3 lion. The.prpperly.val relate:to the tasfyaivation date, The data is jeCtTocfra e. Oo ri ht's 09,2A�Qgspta'Co Properl y} ipprePser ..Mrfghtateserwed..pri�ed.o tue.Jrd172p1209:48 8AM. 1 fif0 1,051 Amp 4t q jq4 oC vl Ck- ca- 16 11 A3 0 A4) tic ill Amp 4t q jq4 oC vl Ck- ca- 16 11 A3 0 16I1A3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST IRST NAME--MIDDLE NAME' _ NAME OF BOARO,'COUNCIL COMMISSION,AUTHORITY,OR COMMITTEE •Qe...._.wr�s eflsTeN, C./� '�.—} co�ixU�.�. - 1��f�rl�/bt.�itJ7"" ssj MAILING:ADDRESS THE BOARD,COUNCIL,coMm14,110 OR OR c O WHICH I'SERVE IS A UNrre)0 $ ff CITY ❑COUNTY. r3 OTHER LOCAL AGENCY � e i c64,,1L, o NAME OFPDUTICALSUBDIVISION: DATE O WHICH VOTE.OCCURRED MYP'OSMON IS; A UC v S j /17, 20,2- - IB ELECTIVE O APPOINTIVE. WHO MUST FILE FORM 88: This form is for use by any person serving at the county,city,o-other local level of government on an appointed or elected board,council, commission,authority,or committee.It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason,please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH.SECTION 1123143, FLORIDA STATUTES A person holding elective or appointive county,municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special,private gain or loss:Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom:he or she is retained(including the parent organization or subsidiary of a corporate principal by which he Air she is retained);to the special private gain or loss of relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under Sec.163356 or 163357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a°relative"includes only the officer's father,mother,son,daughter,husband,wife,brother,sister,father-in-law, mother-in-law,son-in-law;and daughter-In-law.A"business associate'means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting In the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS Although you must abstain from voting in the situations des bed above,you otheiw'tse-may_partudpate in these matters.However,you must disclose the nature of the conflict before making any alt mpt to influence the decision,whether orally or in writing and whether made by yoU or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE HE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any empt to influence the decision)with the person responsiblefor recording the minutes of the meeting,who will Incorporate the form In th minutes. (Continued on other side) CE FORM 88-EFF.112000 PAGE 1 1611 A 3 APPOINTED OFFICERS(continued) • A copy of the.form must be provided immediately to the oth-r members of the agency. • The form must be read publicly at next meeting after th=form is filed. IF YOU MAKE NO ATTEMPT TO:INFLUENCE THE DECISIO EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the m asure before:participating.. • You must complete.the form and_file it within 15,days after t e vote occurs,with the person responsible for recordingthe minutes of the meeting,who must incorporate the form in the minutes.A• py of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next mee'ng after the form is filed: DISCLOSURE OF e CAL OFFICER'S INTEREST jR ,hereby ,isclose that on A- / / /, ,20/ (a)A measure came or will come before my agency which(ch ck one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, jJ . S p/7. J(f C • C vs 7-T5 inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: .✓ 1 1 p X'-A) c . C- L) 5 ! i z"5 + 7 S046 f3u-54 &F , ti 1E13 C'-e)higrRdJC7" cry, iive, ; P 7 7i J 1 3..,1= 17/2,P-8 5, F •? A- yam,v 7- "ry c c 7-g 4c j.7o i i - rh'- /•_I - c.d)iu et4 1— 44 Y t/e..,, "pi '1V r 1 �7—Jam,. /-. 7 AU6u Or 31, 41' Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA.STATUT S§112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNI•NED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR.EMI' •YMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED.$10,000. CE FORM BB-EFF.1/2000 PAGE 2 Custer Construction Inc 970 9th St. sw Naples, FL 34117 I Name / Address I Severn Trent Services 12600 Union Road Naples, FL 34114 Port of the Islands Water Reclamation Plant- Revised 1611 A3 Price Quote Date Quote # 8/3/2012 8109 i ProIed I Description Total Custer Construction Inc. proposes to supply materials and labor to properly clean, prep /treat and paint all 39,132.00 surfaces as discussed with Bert Underwood at the Port of the Islands Water Reclamation Plant. Scope of Work: Power wash surfaces of all structures using a pressure washer with approximately 4009 psi tip and special rotating tip on rusted areas on tanks and pipes. A wire brush will be used on areas not accessible by pressure washer. Cracks will be patched on concrete surfaces. Areas and objects not to be painted will be taped and or masked off to prevent overspray and unwanted paint. A sealer will be applied to all to be painted surfaces and a rust inhibitor on all metal areas where bare metal has been exposed or bad rust. A top coat of paint will then be applied to all to be painted surfaces down to grade of structures. Job site will remain clean and all debris remove daily. Paint color TBD and price adjusted according to coverage if applicable. Estimate is good for 60 days and may be adjusted if scope of work is changed or material prices change should this estimate be accepted. Attached are specifications for materials recommended for this project supplied by Sherwin - Williams. Note: To exclude the metal building from the scope of work, deduct $3200.00 from the below price. A 33% deposit will be required upon acceptance followed by an additional 33% at the half way point and 34% upon completion. Total Acceptance signature Phone # Fax # E -mail 239 - 877 -8924 custersc@aol.com 0.00 0.00 $39,132.00 Date: August 3, 2012 To: Severn Trent Services Attn: Robert Edge 1611 12140 Metro Parkway, Suite K Fort Myers, Florida 33966 Phone: (239) 939 -7622 Fax: (239) 939 -1543 QUOTATION Port of the Islands R.O. WTP As previously requested, Service Painting of Florida is pleased to provide a quote for the following scope of work at Port of the Islands WTP: RECLAIMED WATER TANK ##1 (200,000 GAL): 1. Pressure wash exterior walls to remove all dirt and surface contaminants 2. Mechanically abrade corroded areas to remove all surface rust and loosely adhering paint 3. Spot prime all exposed metal after surface prep is complete 4. Apply one base coat of Sherwin Williams Macropoxy 646 Fast Cure Epoxy (3.0 -5.0 mils) 5. Apply one finish coat of Sherwin Williams Acrolon 218 HS Polyurethane (2.0 -3.0 mils) FILTERS DISINFECTION AND BIOLOGICAL TREATMENT: - Exterior Ductile Iron Piping: I. Pressure wash to remove all dirt and surface contaminants 2. Mechanically abrade piping to remove all surface rust and loosely adhering paint *Applies only where piping is attached to structure 3. Spot prime all exposed metal after surface prep is complete 4. Apply one base coat of Sherwin Williams Macropoxy 646 Fast Cure Epoxy (3.0 -5.0 mils) 5. Apply one finish coat of Sherwin Williams Acrolon 218 HS Polyurethane (2.0 -3.0 mils) Pagel of 3 'A3 � - Exterior Tank Walls: 1611 A 3 I. Pressure wash exterior walls to remove all dirt and surface contaminants 2. Apply one base coat of Sherwin Williams Loxon Conditioner (200 -300 SFPG) 3. Apply one finish coat of Sherwin Williams Loxon Acrylic Coating (3.0 -4.0 mils) *Concrete crack and spall repair, not included SLUDGE TANK (30,000 GALL: 1. Pressure wash exterior walls to remove all dirt and surface contaminants 2. Mechanically abrade corroded areas to remove all surface rust and loosely adhering paint 3. Spot prime all exposed metal after surface prep is complete 4. Apply one base coat of Sherwin Williams Macropoxy 646 Fast Cure Epoxy (3.0 -5.0 mils) 5. Apply one finish coat of Sherwin Williams Acrolon 218 HS Polyurethane (2.0 -3.0 mils) ALTERNATE - STEEL BUILDING EXTERIOR: 1. Pressure wash exterior walls to remove all dirt and surface contaminants 2. Apply one finish coat of Sherwin Williams DTM Alkyd Enamel (3.0 -5.0 mils) *The structure is showing severe signs of corrosion, particularly at doors and the base of the building. The price for painting of this building does not include surface prep or repair of these corroded areas. Any necessary steel repairs shall be performed by others. (See page 3 for photo examples) Page 2 of 3 1611 (Steel Building Continued) PRICING: - Base Bid: 1. Reclaimed Water Tank #1 2. Filters Disinfection & Biological Treatment _ 3. Sludge Tank TOTAL: $38,306 - Alternate: 1. Steel Building Exterior TOTAL: $7,008 EXCLUSIONS: 1. Signage and graphics. 2. Parking lot, vehicular, and pedestrian markings. 4. Coatings for stainless steel, aluminum, galvanized, and FRP surfaces. 5. Painting of any current unpainted surfaces. 6. Total removal of existing coatings. 7. Interior painting/coatings at tanks and steel building 8. Painting of any piping that is not attached to the exterior walls of a tank. If you have any questions, please call me. SERVICE PAINTING OF FLORIDA muna Asaw Industrial Project Manager 12140 Metro Parkway, Suite A Fort Myers, FL 33966 239 - 939 -7622 PH 239 - 939 -1543 FAX E-mail: iasonfike@servicepaintina.net Web Site: www servicepainting net Page 3 of 3 Port of the islands Community Improvement District Financial Report July 31, 2012 Prepared by 16I1A3 ri Port of the Islands Community Improvement District Table of Contents FINANCIAL STATEMENT 1611 A3 0 Balance Sheet - All Funds ........................... ............................... Page 1 General Fund Statement of Revenues, Expenditures and Changes in Fund Balance ............... Page 2 - 3 TrendReport ........................... ............................... Page 4 - 5 Enterprise Fund Statement of Revenues, Expenditures and Changes in Fund Balance ............... Page 6 - 7 Trend Report ........................... ............................... Page 8 - 9 SUPPORTING SCHEDULES Check Register ........................... ............................... Page 10 -11 Special Assessments - Collection Schedule ........................... ............................... Page 12 Construction Schedule ..................................................... I.... Page 13 -14 CEP Status Report ........................... ............................... Page 15 -16 Cash Flow Projections ........................... ............................... Page 17 - 18 Cash Flow Projections - 5 year ........................... ............................... Page 19 Monthly Activity Report ...................................... I................... Page 20 - 25 Accounts Receivable Ageing Report (9o+ days outstanding) ........... ............................... Page 26 - 27 Repair and Maintenance Detail Reports ........................... ............................... Page 28 - 31 1611 A 3 1, Port of the Islands Community Improvement District Financial Statements (Unaudited) July 31, 2012 PORT OF THE ISLANDS CID STATEMENT OF NET ASSETS JULY $1, 2012 ASSETS CURRENT ASSETS: CASH ACCOUNTS RECEIVABLE DUE FROM OTHER FUNDS INVESTMENTS: CERTIFICATE OF DEPOSIT - 540 DAYS MONEY MARKET ACCOUNT SBA ACCOUNT SBA ACCOUNT (RESTRICTED) SBA RESERVES SBA RESERVES (RESTRICTED) CONSTRUCTION FUND FMV ADJUSTMENT PREPAID ITEMS TOTAL CURRENT ASSETS NONCURRENT ASSETS: INTANGIBLE ASSETS, NET CAPITAL ASSETS: LAND CONSTRUCTION IN PROGRESS IMPROVEMENTS, NET EQUIPMENT, NET TOTAL NONCURRENT ASSETS TOTAL ASSETS LIABILITIES CURRENT LIABILITIES: ACCOUNTS PAYABLE ACCRUED EXPENSES RETAINAGE PAYABLE DUE TO OTHER FUNDS DEPOSITS BONDS AND LOANS PAYABLE CURRENT OTHER CURRENT LIABILITIES TOTAL CURRENT LIABILITIES NONCURRENT LIABILITIES: BONDS AND LOANS PAYABLE, LONG -TERM TOTAL NONCURRENT LIABILITIES TOTAL LIABILITIES NET ASSETS INVESTED IN CAPITAL ASSETS, NET OF RELATED DEBT RESERVES - ASSET REPLACEMENT UNRESTRICTED ASSIGNED OPERATING RESERVE UNASSIGNED TOTAL NET ASSETS 16111A3 A GENERAL WATER AND TOTAL SEWER 199,228 51,285 250,513 834 6,648 7,482 184,475 - 184,475 151,050 - 151,050 706,450 6,562 713,012 3,673 2,618 6,291 13,086 27,295 40,381 1,701 - 1,701 1,571 - 1,571 - 857,936 857,936 (2,470) (4,599) (7,069) - 558 558 1,259,598 948,303 2,207,901 - 38,627 38,627 - 288,459 288,459 - 1,835,968 1,835,968 - 6,777,592 6,777,592 - 110,121 110,121 9,050,767 9,050,767 1,259,598 9,999,070 11,258,668 25 75 100 4,000 4,000 81000 - 154,978 154,978 184,475 184,475 32,950 32,950 497,303 497,303 - 132 132 4,025 873,913 877,938 - 4,005,730 4,005,730 - 4,005,730 4,005,730 4,025 4,879,643 4,883,668 - 4,547,735 4,547,735 50,000 50,000 - 521,693 521,693 105,018 - 105,018 1,150,555 - 1,150,555 $ 1,255,573 $ 5,119,428 $ 6,375,001 NOTE MINOR DIFFERENCES IN STATEMENT TOTALS Page 1 REPORT DATE: 802012 ARE A DIRECT RESULT OF ROUNDING TO WHOLE DOLLARS. 1611 A3 PORT OF THE ISLANDS General Fund Community Improvement District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending July 31, 2012 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE (S) AS A % OF JULY -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL REVENUES Interest - Investments Net Incr (Decr) In FMV- Invest interest - Tax Collector Special Assmnts- Tax Collector Special Assmnts- Discounts $ 2,090 $ - 435,400 (17,416) 1,742 $ - - 435,400 (17,416) 3,514 1,708 24 402,231 (11,205) $ 1,772 1,708 24 (33,169) 62i 1 168.13% $ 0.00% 0.00% 92.38% 64.34% 1 - - 540 16 TOTAL REVENUES 420,074 419,728 396,272 (23,454) 94.33% 557 EXPENDITURES 79,440 66,200 66,200 83.33% 6,620 Administrative 13,000 10,830 13,563 (2,733) 104.33% 1,470 P/R -Board of Supervisors 7,000 51833 5,500 333 78.57% 500 FICATaxes 536 446 421 25 78.54% 38 ProfServ- Engineering 26,000 21,667 18,040 3,627 69.38% 2,000 ProfSery -Legal Services 12,500 10,417 32,664 (22,247) 261.31% 8,179 ProfServ-Mgmt Consulting Sery 27,539 22,949 22,949 67,749 83.33% 2,295 ProfServ- Property Appraiser 6,530 6,530 6,531 (1) 100.02°% - ProfServ- Special Assessment 8,974 8,974 8,974 - 100.00% Auditing Services 3,750 3,750 3,500 250 93.33% Communication - Telephone 100 83 20 83 20.00% - Postage and Freight 1,500 1,250 937 313 62.47% 113 Rental - Meeting Room 300 250 275 (25) 91.67% 25 Insurance - General Liability 8,270 8,270 7,690 580 92.99% 1,845 Printing and Binding 2,000 1,667 987 680 49.35% 100 Legal Advertising 2,200 1,833 493 1,340 22.41% - Miscellaneous Services 400 333 835 (502) 208.75% - Misc- Assessmnt Collection Cost 8,708 8,708 7,821 887 69.81, 11 Misc -Web Hosting - 119 (119) 0.00^% Office Supplies 650 542 215 327 33.08% 23 Annual District Filing Fee 175 175 175 - 100.00% - Total Administrative 117,132 103,677 118,146 14,469 100.87% 15,129 Field Contracts -Mgmt Services 103,821 86,518 82,748 3,770 79.70% 8,333 Contracts- Landscape 79,440 66,200 66,200 83.33% 6,620 Electricity - Street fighting 13,000 10,830 13,563 (2,733) 104.33% 1,470 Utility - Irrigation 7,200 6,000 12,253 (6,253) 170.1896 1,356 R &M- Renewal and Replacement 20,000 16,667 9,936 6,731 49.68% 656 R&M -Rods & Alleyways 6,000 5,000 - 5,000 0.00% Capital Outlay 73,461 61,234 61,234 0.00% Total Field 302,942 252,449 184,700 67,749 60.97% 18,435 TOTAL EXPENDITURES 420,074 356,126 302,846 53,280 72.09% 33,564 Report Date: 8/02012 Prepared by: Page 2 Severn Trent Management Services 1611 A3 1 PORT OF THE ISLANDS Community Improvement District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending July 31, 2012 Genera! Fund Report Date: 8/2/2012 Prepared by: Page 3 Severn Trent Management Services ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) AS A % OF JULY -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL Excess (deficiency) of revenues Over (under) expenditures 63,600 93,426 29,826 0.00% (33,007) Net change in fund balance $ - $ 63,600 $ 93,426 $ 29,826 0.009'0 $ (33,007) FUND BALANCE, BEGINNING (OCT 1, 2011) 1,162,147 1,162,147 1,162,147 FUND BALANCE, ENDING $ 1,162,147 $ 1,225,747 $® Report Date: 8/2/2012 Prepared by: Page 3 Severn Trent Management Services •L •" 0 C O E d 0 N L a E a r N d = s � w E O E O O d I c a`$ b 5 G N A V � m j ti a w m � O W � m m m H 1611 A3 a d leg 0. a m ao V oo N' c3 . ti H ON^ w N to s�,a f'V` N •� V O• I[f Ori to N N [D W V m •V y w M H �f rri m m NN - m to d r . I • r M • • r r • • r . . . r r • r • • • r • r I r r r•. 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C 3 C 'r 2 z •� 0 0 z z Ul o IL r 1611A3 LO a 9 Cc p IL C E m to 0 r i PORT OF THE ISLANDS Community Improvement District Statement of Revenues, Expenses and Changes in Net Assets For the Period Ending July 31, 2012 1611 A3 Wafer And Sewer Fund ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) AS A % OF JULY -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL OPERATING REVENUES 7,000 5,833 5,500 333 78.57% 500 Interest - Investments $ 5,448 $ 4,540 $ 2,434 $ (2,106) 44.68% $ 1 Water Revenue 40,000 33,333 36,341 3,008 90.85% 2,859 Sewer Revenue 60,000 50,000 54,460 4,460 90.77% 4,169 Irrigation Fees 100,000 83,333 70,426 (12,907) 70.43% 7,880 Meter Fees - - 2,500 2,500 0.00% 2,500 Net Incr (Derr) In FMV- Invest - - 3,180 3,180 0.00% 505 SpecialAssmnts - Tax Collector 1,135,025 1,135,025 1,048,559 (86,466) 92.38% 1,408 Special Assmnts- Discounts (45,401) (45,401) (29,209) 16,192 6434% 42 Other Miscellaneous Revenues - - 4,485 4,485 0.00% 625 TOTAL OPERATING REVENUES 1,295,072 1,260,830 1,193,176 (67,654) 92.13% 19,484 OPERATING EXPENSES P!R -Board of Supervisors 7,000 5,833 5,500 333 78.57% 500 FICA Taxes 536 446 421 25 78.54% 3B ProfSery - Engineering 26,000 21,667 18,040 3,627 69.381% 2,000 ProfSery -Legal Services 12,500 10,417 32,664 (22,247) 261 -31% 8,179 ProfSery -Mgmt Consulting Sery 27,652 23,044 23,043 1 83.33% 2,304 ProfServ- Property Appraiser 17,024 17,024 17,025 (1) 100.01% ProfServ- Special Assessment 7,655 7,655 7,655 (14,336) 100.00% 505 ProfServ- Utility Billing 15,821 13,184 9,053 4,131 57.22% 237 Auditing Services 3,750 3,750 3,500 250 93.33% - Communication- Telephone 100 83 20 63 20.00% - Postage and Freight 1,000 833 545 288 54.501% 14 Rental - Meeting Room 300 250 275 (25) 91.67% 25 Insurance - General Liability 8,270 8,270 7,690 580 92.99°% 1,845 Printing and Binding 1,500 1,250 740 510 49.33°% 75 Legal Advertising 1,600 1,333 424 909 26.50% - Miscellaneous Services 11100 917 1,876 (959) 170.55% 147 Misc- Assessmnt Collection Cost 22,701 22,701 20,387 2,314 89.81% 29 Office Supplies 750 625 252 373 33.60% 27 Total Personnel and Administration 155,259 139,282 149,110 (9,826) 96.04% 15,420 Water -Sewer Comb Services Contracts-Mgmt Services 311,599 259,666 250,637 9,029 80.44% 25,794 Contracts -Other Services 2,000 2,000 1,750 250 87.50% - Communication - Teleph - Feld 3,768 3,140 3,304 (164) 87.69% 550 Utility - General 80,000 66,667 67,937 (1,270) 84.92% 7,461 R &M- Irrigation 10,000 8,333 35,472 (27,139) 354.72% R &M- Water Plant 10,000 8533 22,669 (14,336) 226.69% 505 R &M -Waste Water Plant 25,000 20,833 40,258 (19,425) 161.03% - Misc -Bad Debt - - 2,079 (2,079) 0.00% Report Date: 812/2012 Prepared by: Page 6 Sevem Trent Management Services 1611 A3 d PORT OF THE ISLANDS Water And Sewer Fund Community Improvement District Statement of Revenues, Expenses and Changes in Net Assets For the Period Ending July 31, 2012 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE (S) AS A % OF JULY -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL Mist- Licenses & Permits 4,500 4,500 4,375 125 97.22% Cap Outlay- Irrigation 10,000 8,333 - 8,333 0.00% Cap Outlay -Water Plant 3,697,180 3,080,983 3,022,690 58,293 81.76% 49,909 Cap Outlay -Waste Water Plant 30,796 25,663 18,635 7,028 60.51% 4,845 Capital Reserve 25,000 20,833 - 20,833 0.00% - Total Water -Sewer Corm Services 4,209,843 31509,284 3,469,806 39,478 82.42% 89,064 Debt Service Principal Debt Retirement 480,440 480,440 - 480,440 0.00% Interest Expense 174,920 174,920 102,037 72,883 58.33% Total Debt Service 655,360 655,360 102,037 553,323 15.57% TOTAL OPERATING EXPENSES 5,020,462 4,303,926 3,720,953 582,973 74.12% 104,484 Operating income (loss) (3,725,390) (3,043,096) (2,527,777) 515,319 67.85% (85,000) Change in net assets $ (3,725,390) $$ (3043,096) $ (2,527,777) $ 51® 67.85% TOTAL NET ASSETS, BEGINNING (OCT 1, 2011) 7,647,204 7,647,204 7,647,2D4 TOTAL NET ASSETS, ENDING $ 3,921,814 $ 4,604,108 $ 5,119,427 Report Date: 8/212012 Prepared by: Page 7 Severn Trent Management Services z C 'Q m w !�L I; L w+ H C a E a a 0 CL Ei fA _ dl C t = ++ E w E O O � d N Q m Z C � w ci q � t � � b y b 41 F- m 3 $ C � 0 VJ 1611 A3 R �p �p O oo S pp pp " N Z S S O ' O O_ � O {D O E m O O C C O H Of �C1 S p pp pp yy�� yy�� •pp .t'J N � 9 O t7 N 40fi- p 9 S O m O pR Nm A m P p $1 t � N O R c h w a� 4 w � � � W W H 1 � Q iV C� O f7 00 � ��{{ , N • , � N � A � ' [V N R cq a C ' b .CV � �C <p to m of 1{� C o A QmI ' m O f.N] O �I N O • . . . 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U V qp a ~ y d� S O J Q a 1611 IA3 Port of the Islands Community Improvement District Supporting Schedules July 31, 2012 1611 'L $e�y°mcmry � �°i� A $�{y�4� Wi p 14nnr$ -I Zjj 919 �R C 5 al 20 a N t U p�o is w V Wa `_lVgg7 � 00O 5514 °�QLLj IC LL{�p�j 1�Q�j C U �j N.. `.� 4 $s $ oil 633i�i3Gi3X 'itCft3i3AiQ��oA��r� �'a215xi2GiG� a, a6. d n d $Wwwr co W oil aa�a¢�¢aaaa < iiggg uj W 3 �g� ii5 u LL a d z ru�u7a 'r�w=aw'�gd�a�E��wwa��°v�° So 00 000ao%` o o�`"°SS�°'S$ocoo �oo�sssoo o� a o 0 p r r r r IS s' s "sssssssasessss8ssssss8rsx� §�� is �i a W g � S W N a H O u N A3 d ,Oro �a H O. C E N N r I ibI4'A3 gP.9g1 atv1i��`jaoIE -Pn aQ a n� ^q �`4 1&-RRP a,„'�t°��Him ��°'I ��8' ,� �5 $@� &g o2�lG( a HIMUH z EP Mp N CC O Z uj 3 A IS S C Cp7 Igo � �(�j�i��p d � �C ��11� W U W �� 7¢� JJJ J J p R R LL O�tL s I T O 44 a z W a � ;�qi �qi �nq�a g�QQQNv�u�_�_p�_��q o i6MiGitliQfi�CiA�rl �; �NOFienM1�nnaIIII 6 Q,� a a a U VUUC�� YtlU_C W�� .yl � . W W.t W Lu u m ,WA IN 0 40:4 Z w Lu W itl W V F- NZ Ill Zq�Fg� iud c¢i° �R>w W��jj'�I�IZL�� WWW�OI7111ppt IL all � W� j < Yo wwwwwomw N NNN N NN N NN NPINN NN QtN NN N N N NNNN N NNN N N N N N ssssssssssssssss `sssssssssssssss. assns N N N N N N N N N N O V R m m m sSSSSSSSB� °o °o °0 °0 �88888s��8S��8 �� W N Q H z 3 Om W a I m 4 I F U" IL g � FS a PORT OF THE ISLANDS 16 1'1' COMMUNITY IMPROVEMENT DISTRICT ALLOCATION BY FUND Non Ad Valorem Special Assessments Collier County Tax Collector - Monthly Collection Report For the Fiscal Year ending September 2012 %Collected 92.38% 92.38% 92.38% TOTAL OUTSTANDING $ 119,638 1 $ 33,1691$ 86,468 Year ParcelID Description Amount Comments FY 2010 1058920500 POI Hotel 119,627 bankruptcy FY 2011 1058920500 POI Hotel 119,627 bankruptcy Total Delinquent Parcels 239,255 Report Date: 812/2012 Page 12 ALLOCATION BY FUND Discount / Gross Date Net Amount (Penalties) Collection Amount General Water /Sewer ' Received Received Amount Costs Received Fund Fund Assessments Levied FY 2012 $ 1,570,427 $ 435,400 $ 1,135,027 Allocation % 100% 28% 72% 10/26/11 $ 81861 $ 501 $ 181 $ 9,543 $ 2,646 $ 6,897 11/15/11 $ 142,077 $ 6,040 $ 2,900 $ 151,017 $ 41,869 5 109,148 11/30/11 $ 487,695 $ 20,735 $ 9,953 $ 518,383 $ 143,721 $ 374,661 12/08/11 $ 306,388 $ 13,013 $ 6,253 $ 325,653 $ 90,287 $ 235,366 12122/11 $ 36,014 $ 1,263 $ 735 $ 38,012 $ 10,539 $ 27,473 01125/12 $ 57,463 $ 1,622 $ 1,173 $ 60,258 $ 16,707 $ 43,552 02/28/12 $ 31,900 $ 585 $ 651 $ 33,136 $ 9,187 $ 23,949 03/29/12 "63,314 $ 79 $ 1,292 64,685 17,934 46,751 04/27/12 $ 140,164 $, (206) $ 2,860 142,818 39,596 103,222 05/21/12 $ 10,233 $ (304) $ 209 10,138 2,811 7,327 06/14/12 $ 96,092 $ (2,856) $ 1,961 $ 95,197 $ 26,393 $ 68,804 07/05/12 $ 1,967 $ (58) $ 40 $ 1,949 $ 540 $ 1,408 TOTAL $ 1,382,168 $ 40,414 $ 28,207 $ 1,450,789 $ 402,2321$ 1,048,559 %Collected 92.38% 92.38% 92.38% TOTAL OUTSTANDING $ 119,638 1 $ 33,1691$ 86,468 Year ParcelID Description Amount Comments FY 2010 1058920500 POI Hotel 119,627 bankruptcy FY 2011 1058920500 POI Hotel 119,627 bankruptcy Total Delinquent Parcels 239,255 Report Date: 812/2012 Page 12 161'1 A3 Port of the Islands Community Improvement District Series 2010 Special Assessment Revenue Bond 1. Recap of Capital Project Fund Activity Through July 31, 2012 Bond Issued (Construction Account) $5,500,000.00 Source of Funds: Interest Earned $7,797.69 Use of Funds: COI ($42,700.00) COI (costs transferred to checking account but not yet paid) ($5,000.00) Disbursements Water Treatment Plant ($4,602,161.28) ($4,649,861.28) Adjusted Balance in Construction Account July 31, 2012 $857,936.41 2. Funds Available For Construction at July 31, 2012 Book Balance of Construction Account at July 31, 2012 $857,936.41 Construction Funds available at July 31, 2012 $857,936.41 3. Investments - BB &T at July 31, 2012 Estimated TM Yield Principal Construction Fund: 0.12°/6 $857,936.41 ADJ: Outstanding Amounts Due $0.00 Balance at July 31, 2012 $857,936.41 Page 13 :1 16 I 1 A3 Port of the Islands Community Improvement District Construction Schedule REQ. # Date CONTRACTOR AMOUNT OF REQUISITION CAPITAL OUTLAY Co, Water Treat ment Plant C01 10/20/10 GreanbergTraurlg $10,000.00 $10,000.00 11/14/11 col 10/20!10 BUT $2,700.00 34 35 $2.700.00 South Florida Excavation BCITechndogies COI 10020/10 Severn Trent Management Svcs $15,000.00 12/15/11 $15,000.00 $506,768.70 Col 11/02/10 Dan Cox $15.000.00 Cardinal Contractors $15,000.00 $647,523.09 1 11/09/10 Port of the Islands CID (reimb) $ 321,537.00 $321,537.00 $43,672.50 $25,609.59 $321,537.00 2 11116/10 South Florida Excavation $26,503.75 $26,503.75 $174,822.66 $26,503.75 3 11/24/10 Naples Daily News $151.02 $151.02 42 43 $151.02 4 01/04/11 Century Link $26.=.88 $26,310.88 04/05/12 526,319.88 5 12/16/10 South Florida Excavation $18,008.90 $18,008.90 Cardinal Contractors ITT Water Equipment Tech Cardinal Contractors KW Contrds Hole Monies $18,008.90 6 02/01/11 Hda Montag $2,56125 $2,561.25 $9,027.29 $20,000.00 $207,111.76 $2,56125 7 02!01!11 Hale Mantes $16,200.00 $16,200.00 $19,680.00 513,632.50 $16,200.00 8 o2101 /11 Hole Monies $13,206.91 $13,206.91 $33,088.00 $13,206.91 9 02/10/11 Benchmark EmiroAnslyOcal ,Inc. $1,019.00 $1,019.00 $1,019.00 10 02/17/11 Hole Mantes $1,982.50 $1,98250 $1,98250 11 03/07111 Hole Mantes $8250.00 $6,250.00 $6,250.00 12 03/16!11 South Florida Excavation $12,762.00 $12,762.00 $12,762.00 13 03/29/11 CardinalContraators $27,000.00 $27,000.00 $27,000.00 14 04/0 6111 Hole Morxes $13,850.00 $13,860.00 $13,850.00 15 05/05/11 South Florida Excavation $18,587.25 $16,587.25 $18,587.25 16 05/16/11 Cardinal Contractors $95,028.60 $95,028.60 $95,028.80 17 05/19111 Hole Mantes $39,565.00 $391565.00 $39,565.00 18 06/14/11 KW Controls $1,038.60 $1,038.60 $1,038.60 19 06114/11 Cardinal Contractors $196,572.08 $196,572.68 $196,572.00 20 07/06111 Hole Mantes $19,575.00 $19,575.00 $19,575.00 21 07/22/11 Cardinal Contractors $170,19215 $170,192.15 $170,192.15 22 07/27/11 Hole Mantes $22,325.00 $22,325.00 $22,325.00 23 08/19/11 Cardinal Contractors $156,35250 $156,352.50 $156,35250 24 08/30111 Hole Mantes $19,700.00 $19,700.00 $19,700.00 25 09/18/11 South Florida Excavation $6,971.40 $5,971 AD $6,971.40 26 00/18111 South Florida Excavation $4,601.85 $3,8131.85 $4,601.85 27 0911161111 Cardinal Contractors $278,892.77 $278,892.77 $278,892.77 28 09/27/11 Michael Evans Computers $3955.00 $3,255.00 $3255.00 29 10/17111 Cardinal Contractors $85,41629 $85,416.29 $85,41629 30 11/03111 HoleMorges $832.50 $832.50 $832.50 31 11/03/11 Hole Mantes $43,975.00 $13,975.00 $43,975.00 33 11/23111 KW Controls $24,337.00 $24,337.00 $24,337.00 Page 14 Total FY 2011 V177-17,261.20 $1 674 561.20 $42,700.00 $1 674 56120 32 11/14/11 Cardinal Contractors $266,314.14 $266,314.14 $286,314.14 34 35 12/15/11 12115/1.1 South Florida Excavation BCITechndogies $4,601.85 $7,121.33 $4,601.85 $7,121.33 $4,601.85 $7,121.33 36 12/15/11 ITT Water Equipment Tech $506,768.70 5586,766.70 $588,768.70 37 12/16/11 Cardinal Contractors $647,523.09 $647,523.09 $647,523.09 38 39 12W11 01/24112 Hole Mantes HoleMontes $43,67250 $25,609.59 $43,672.50 $25,609.59 $43,672.50 $26,60959 40 01/24112 Cardinal Contractors $174,822.68 $174,822.68 $174,822.66 41 .01/30112 KW Controls $73,011.00 $73,011.00 $73,011.00 42 43 02/24112 03/15/12 Cardtrral Contractors Cardinal Contractors $ 240,41 &36 $248,740.07 $240,416.36 $246,740.07 $240416.36 $246,740.07 44 04/05/12 Hole Mantes $48,232.19 $48,232.19 $48,232.19 45 46 47 48 49 04/23!12 05/09/12 05116112 05/17/12 06/12112 Cardinal Contractors ITT Water Equipment Tech Cardinal Contractors KW Contrds Hole Monies $89,577.03 $30,577.50 $62,62920 512,168.50 $65,276.80 $89,577.03 $30,577.50 562,62920 $12,168.50 $65,276.80 $89,577.03 $30,577.50 $82,62820 $12,168.50 $65,276.80 50 51 52 06112/12 08/12/12 06/13/12 Swam Trent Environmental Svcs SCI Technologies Cardinal Contracors $9,027.29 $20,000.00 $207,111.76 $9,02729 $20,000.00 $207,111.76 $9,027.29 $20,000.00 $207,111.76 53 54 06/29!12 07/18/12 Solo's Lawn Service, Inc. Cardinal Contractors $19,680.00 $13,632.50 $19,680.00 513,632.50 $19,680.00 $13,632.50 65 07/25/12 W.E. Johnson Equipment $33 ,088.00 $33,088.00 $33,088.00 Total FY 2012 $2,927.600.08 $Z927,956 .08 $0.00 $2,927,600.08 Grand Total $4,644,861.28 $4,602,1611.213 $42.700.00 804161.28 Page 14 TT_V r SS {`0 C� i 0 i i � 4 w 0 m� 0E ca i7 a E is rl IL O cc 4 H N b of M� c C N H N Rig g r p t yN LL r M IN k A3 ol r s 11. is .o c o e , }N LL H N N N H Y1 n H H N N H N N LL H H H N w Q a . C O N N H N H w �Ca v� � •�f0 pw 0 .agw8 "� w NNHN Hw s s G N H N N H N H H N w N M M N w M £ $ � gN O ' � g O • ' pN m �ZCpi M N N N p�� N N O _ le ` ,a 7 p a E � 4 H N b of M� c C N H N Rig g r p t yN LL r M IN k A3 ol r r 8. a� N 7 0. m E m 0 a 8 1611 A3 I r 9 a F8 pF N cs �p Y N g its isE g c� B 8 a LL �LMML Em UUUUU FS Em Em E E t V U E E UU E V E E U U E UU E pE V FS E UC�JU E E U GO , Obi OQni< aDm A {m{pp M N �O�pp N M m�mmOGf N M N BOO M y�{m�-'�� tMN�a�s� M M M M M N L a � C QCQ g� � gT�i EWE JI r��a m IN �rarrr��oo 1611 A3 I r 9 a F8 pF N cs �p Y N g its isE g c� B 8 a Port of the Islands Improvement District Cash Flow Projections Cash Beginning Balance Cash Inflow Cash Outflow CD Investment Add: Prepaid Items Add: Due from WS Fund Less: Current Liabilities (as of WW12) Total Estimated Cash Balance Cash Receipts Special Assessments - Levy Special Assessments - Delinquent(prioryr) Special Assessments - Discount Interest Total Cash Inflow Queratino Expenditures Administrative P/R -Board of Supervisors FICA Taxes ProfServ- Engineering ProfServ- legal Services ProfServ-Mgmt Consulting Sery Annual Audit Telephone Postage and Freight Rental - Meeting Room Insurance - General Liability Printing & Binding Legal Advertising Miscellaneous Services Misc - Assessmnt Collection Cast Office Supplies Total Administrative Maintenance Contracts - Mgmt Services Contracts - Landscape Electricity - Streetlighting Utility - Irrigation R&M - Renewal & Replacement R&M - Roads CIP' Total Maintenance Total Cash Outflow 31 -Aug 30 -50P 2012 2012 $911,052 $1,061,217 $352 $99,811 ($30,637) ($31,205) $0 $0 $0 $0 $184,475 $0 ($4,025) $0 $1,061,217 $1,129,823 $0 $33,I69 $0 $66,290 $0 $0 $352 $352 $352 $99,811 $500 $1,000 $38 $77 $3,980 $3,980 $3,267 $3,267 $2,295 $2,295 $0 $0 $2 $2 $94 $94 $25 $50 $0 $0 $507 $507 $854 $854 $84 $84 $444 $444 $21 $21 $12,108 $12,675 $8,333 $8,333 $6,620 $6,620 $1,357 $1,357 $1,226 $1,226 $994 $994 $0 $0 $0 $0 $18,529 $18,530 $30,637 $31,203 'MOTES: Estimated CtP costs for the anticipated FY 2012 projects are shown quarterly. Delinquent assessments from hotel parcel are reflected as received In September 2012. Actual receipt date unknown. The District has a CO maturing in September 2013 in the amount of $ 251,050. 161t1p A3 Page 17 Port of the Islands Improvement District Cash Flow Projections Wafer and hewer &tercrize Fund Cash Beginning Balance Cash Inflow Cash Outflow - Expenses Add: Prepaid Items Less: Due to General Fund Less: Current Liabilities (as of 7/31/12) Total Estimated Cash Balance Cash Recalots Special Assessments - Levy Special Assessments - Delinquent (prioryr.) Special Assessments - Discount Water /Sewer /Irrigation Revenue Interest /Miscellaneous Total Cash Inflow Operating Expenditures Administrative P/R -Board of Supervisors FICA Taxes ProfServ- Engineering ProfSery -Legal Services ProfSery -Mgmt Consulting Sery Utility Billing Annual Audit Telephone Postage and Freight Rental - Meeting Room Insurance - General Liability Printing & Binding Legal Advertising Miscellaneous Services Misc: Assessmnt Collection Cost Office Supplies Total Administrative Maintenance Contracts - Mgmt Services Contracts - Other Services Communication - Teleph - Field Utility - General R &M - Irrigation R &M - Water Plant R&M - Waste Water Plant Capital Reserve CIP* Total Maintenance Debt Service Principal and Interest Total Debt Service Total Cash Outflow 31 -Aug 30 -Sep 2012 2012 $918,401 $536,281 $16,502 $275,934 ($55,519) ($706,344) $558 $0 ($184,475) $0 ($159,185) $0 $536,281 $105,871 $0 $86,468 $0 $172,964 $0 $0 $16,258 $16,258 $244 $244 $16,502 $275,934 $ 500 $1.000 $38 $77 $3,980 $3,980 $3,267 $3,267 $2,304 $2,304 $0 $0 $0 $0 $2 $2 $55 $55 $25 $50 $0 $0 $380 $380 $588 $588 $188 $188 $0 $2,314 $25 $25 $11,351 $14,230 $25,794 $25,794 $0 $250 $331 $331 $6,794 $6,794 $3,750 $3,750 $3,750 $3750 $3,750 $3,750 $0 $0 $0 $647,695 $44,168 $692,114 $0 $0 $0 $0 $55.519 $706.344 'NOTES: Estimated CIF costs for the orticipated FY 2012 projects ore shown quarterly. Delinquent assessments from hotel peril are reflected as received in September 2012. 161?. A3 Page 18 rr-W l if Operating Revenues Assessments Interest/Miscellaneous Total Operating Revenues Operating Expenditures Administrative Maintenance Total Operating Expenditures Capital Expenditures CIP Projects Total Capital Expenditures Estimated Beginning Cash Balance Estimated Ending Cash Balance* WATER AND SEWER ENTERPRISE FUND Operating Revenues Assessments Water /SewerArrigatfon Revenue Interest/Miscellaneous Total Operating Revenues Operating Expenditures Administrative Maintenance Total Operating Expenditures Capital Expenditures CIP Projects Total Capital Expenditures Debt Service Principal and Interest Total Debt Service 1611 'A3 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT PROJECTIONS Adopted Proposed Proposed Proposed Proposed FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 $417,984 $417,984 $417,984 $417,984 $417,984 $2,090 $2,177 $10,964 $11,656 $12 247 $420,074 $420,161 $428,948 $429,640 $430,231 $117,132 $119,844 $123,439 $127,142 $130,957 $224,461 $229,423 $236,306 $243,395 $250,697 $341,593 $349,267 $359,745 $370,537 $381,653 $78,481 $70,894 $0 $0 $0 $78,481 $70,894 $0 $0 $0 Adopted Proposed Proposed Proposed Proposed FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 $1,089,624 $1,089,624 $1,089,624 $1,089,624 $1,089,624 $200,000 $208,000 $208,000 $208,000 $208,000 $5,448 $2,838 $529 $428 $259 $1,295,072 $1,300,462 $1,298,153 $1,298,052 $1,297,883 $155,259 $157,319 $157,319 $157,319 $157,319 $471,867 $437,783 $450,916 $464,444 $478,377 $ 627,126 $595,102 $608,235 $621,763 $635,696 $3,737,976 $50,000 $54,796 $54,796 $64,796 $3,737,976 $50,000 $54,796 $54,796 $64,796 $655,360 $655,360 $655,360 $655,360 $655,360 $655,360 $655,360 $655,360 $655,360 $655,360 Estimated Beginning Cash Balance $105,871 $105,872 $85,634 $51,768 Estimated Ending Cash Balance $105,871 $105,872 $85,634 $51.768 (56.2011 *Includes $151 K CD maturing in September 2013. 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O in U} VI aaa ° �a ° o00 A $4 1611 A3 I n IL IL w 16 4 C O C. 3 m � p� O O G w a o u c 0 0 m � e � C m O c C s OJ 19 _q m C ESE > V 0 a sit g I to (gi(pp CID N N N 16 P I A3 X M 4 N N to Z m is c E c _yQ ID w c H w m 7 m y w m m v c 0 o � 0 w it v$ m a$ M � 3 r mV � {E�w � d�Q 1611 A3 a` g 0 U E y co ° U N gR T N N- NT Q N (p �p N N O g 1NMA C t0 �O tD co !6 M a` g 0 U E y co ° U N gR T N Sevem Trent Environmental Services Port of the Islands Process Residue Disposal Applied against budget account, copies of invoices available upon request Cap $14000.00 Inv. Date Vendor Description Invoice# Invoice $ Yonth Total Grand Total 2012 - 2013.As 3520 Sludge Page 30 m Ia a; �7 SSp ti pSp O O S pp O S O J GD N [D �O g m r V m N N Af Q v VV Y a v VVj Y C 0 O e R z g' CL m Lp a rL a cr m co cc 0 mO m o Z W m 1p c .m. m g a _ Im a a) 1 2 m e 3 m .2 `�° a o y o m E 9 i g m CL C 8 _j a y 5 �� Qy C9 a p l0 m am 3 � U t E ago 7 lrq �3 S O ££ Op O / CL QU ^' E .�5 m yzCp {b O o C O 6. O o N m m to co 0 E {VD C m N nE� o 2 � [lm V a3 C c a c L @ ° � n v aancE`3$a m l of c H L a 5 �� rr{�D C•7Y C9 w rn G R � am 3 � U t _ 7 lrq O S O ££ Op O / fl a {b > s� m m to co 0 E {VD C m N a 2 � [lm V a3 C c a c L v c o � o m l of 0: H L a C IM M A I H o 0 co . m N N N N N N N I 3 N N I N N N / 6 O O 1611A3 ^+ Io n �� rr{�D C•7Y C9 w rn G R � o � U t _ 7 lrq O S O ££ Op O / fl a {b > s� m y E 0 E {VD otl c m N a 2 � [lm a c a c L 41 o � o Io n �� rr{�D C•7Y C9 w rn G ao N o � U t _ ££ fl a > m y E 0 E {VD otl c m N a 2 � [lm a L 41 c o l of 0: H L a M A I H o 0 co C �� rr{�D C•7Y C9 mC ao N D f2 t _ C �� rr{�D C•7Y C9 mC ao N D f2 G: co n N N 1611 A3 Port of the Islands Community Improvement District - Severn Trent Services, Management Services Division 210 North University Drive Suite 702• Coral Springs, Florida. 33071 Telephone: (954) 753 -5841 • Fax: (954) 345 -1292 September 12, 2012 Naples Daily News Legal Advertising Call: 239 - 263 -4721 Naples Daily News FAX: 239 - 2634703 1075 Central Avenue Naples, Florida 33940 E -mail: legals@naplesnews.com Attn: Ms. Emely Pagan If no response from I" email Email:EPaganaa,Naplesnews.com Re: Notice of Meetings Dear Ms. Pagan: Please publish the attached Notice of Meetings on Friday, September 28, 2012, sending your proof of publication to the undersigned and the invoice to the following: Account No. #10948 Port of the Islands CID 210 North University Drive Suite702 Coral Springs, Florida 33071 Should you have any questions, please contact meat (954) 753 -5841. Thank you in advance. Sincerely, Janice Swade District Recording Secretary 16I1 A3il''. NOTICE OF MEETINGS PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The Board of Supervisors of the Port of the Islands Community Improvement District will hold their meetings for Fiscal Year 2013 at the Orchid Cove. Clubhouse; 25005 Peacock Lane; Naples, Florida 34114 at 10:00 a.m. on the third Friday of each month as follows: October 19, 2012 November 16, 2012 December 21, 2012 January 18, 2013 February 15, 2013 March 15, 2013 April 19, 2013 May 17, 2013 June 21, 2013 July 19, 2013 August 16, 2013 September 20, 2013 The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Improvement Districts. Meetings may be continued to a date, time and location to be specified on the record at the meeting. There may be occasions when one or more Supervisors will participate via telephone. Any person requiring special accommodations at any of these meetings because of a disability or physical impairment should contact the District Management Company, Severn Trent Services at (954) 753 -5841 at least two (2) calendar days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at (800) 955 -8770 for aid in contacting the District Office at least two (2) days prior to the date of the meetings. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and accordingly, the person may need to ensure a verbatim record of the proceedings is made including the testimony and evidence upon which such appeal is to be based. Calvin Teague District Manager 161 Port of the Islands Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 702 - Coral Springs, Florida 33071 Telephone: (954) 753 -5841- Fax: (954) 345 -1292 August 21, 2012 Mr. A. William Moss City Manager City of Naples City Hall 735 Eighth Street South Naples, Florida 34102 Mr. Leo E. Ochs, Jr. Collier County Manager 3299 Tamiami Trail East Naples, Florida 34112 -5746 Dear Messrs. Moss, Ochs and Brock: Mr. Dwight E. Brock Clerk of the Circuit Court Collier County Courthouse Annex 3315 Tamiami Trail East Suite 102 Naples, Florida 34112 -5324 1 A3 In accordance with Chapter 189 of the Florida Statutes we are required to provide to you at the beginning of each Fiscal Year a notice of our public meeting schedule and a District map. Enclosed is a copy of the District map and notice is being given that the Board of Supervisors of the Port of the Islands Community Improvement District will hold their meetings for Fiscal Year 2013 at the Orchid Cove Clubhouse; 25005 Peacock Lane, Naples, Florida at 10:00 am. on the third Friday of each month as follows: October 19, 2012 November 16, 2012 December 21, 2012 January 18, 2013 February 15, 2013 March 15, 2013 April 19, 2013 May 17, 2013 June 21, 2013 July 19, 2013 August 16, 2013 September 20, 2013 If you have any questions or concerns, please contact me at 239 - 245 -7118. Sincerely, W- -'k-Rto t 95 Calvin Teague /js District Manager �- Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------- PORT OF THE ISLANDS 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 010948 JANICE SWADE 59663218 NOTICE OF MEETIN State of Florida Counties of Collier and Lee Before the undersigned authority, pe appeared Debbie Landreth, who on oath she serves as the Controller, of the N News, a daily newspaper published at N in Collier County, Florida: distribute and Lee counties of Florida; that the attached copy of advertising was publi newspaper on dates listed. Affiant further says that the said N. News is a newspaper published at Naple Collier County, Florida, and that the newspaper has heretofore been continuo- day and has been entered as second cla matter at the post office in Naples, ii Collier County, Florida, for a period � next preceding the first publication o: attached copy of advertisement; and af: further says that he has neither paid i promised any person, firm or corporatic discount, rebate, commission or refund purpose of securing this advertisement publication in the said newspaper. PUBLISHED ON: 09/23 AD SPACE: 56 LINE FILED ON: 09/23/11 --------- - - - - -- ---------- .--- - - -- - - - - -- Signature of Affiant Sworn to and Subscribed before Personally known by me 16 11 A3 o f- - - - - - - - - - - : - - - i-- - - - -- - - - - - - - - - - - - - - - - - - - this a`l.�y� day of der 20 ,S t N, _ KAROC E KANGAS _ Notary Public - State of Florida My Camm. Expires Jul 29,2a13 Commission * DO 912237 m ° 16 11 A 3 Al - 1611 'A3 "R i—• � I ��z- NOT L GomPLEX w t I AIRPLANE RUNWAY - — r O I I BOAT DOCK I i I � 1 I SEWAGE TREATMENT I I 1 PLANT �O s `. �. I • • t ! { t z .J W N.T.S. , � i .,l •... �. � = "= '•'�� PORT OF THE ISLANDS PHASE ONE SUBDIVISION { PLATBOOK 13, PGS. 122-123 � % if !6 15 LOCAT ON MAP - ( w Swade, Janice From: Swade, Janice Sent: Tuesday, August 21, 2012 8:56 AM To: Rehe, Stephanie; Manza, Diane Subject: POI CID FY 2013 MEETING SCHEDULE Attachments: POI FY 2013 Meeting Schedule.pdf Page 1 of 1 1611g3 4 Attached for posting on the "Master Calendar' is the approved FY 2013 Meeting Schedule for POI. The meeting room has been reserved. Note to Board Members - As all Supervisors are included on this e-mail, please do not answer this e-mail via the "reply to all" button, in order to avoid an unintentional violation of the Sunshine Law. Janice Swade District Recording Secretary Severn Trent Services, Inc. 210 North University Drive Suite 702 Coral Springs, FL 33071 (954) 753 -5841 Ext. 3058 (Telephone) (954) 345 -1292 (Fax) 8/21/2012 Page 1 of Swade, Janice 1611 From: Swade, Janice Sent: Tuesday, August 21, 2012 8:47 AM To: 'Anthony Davis' Subject: RE: POI CID FY 2013 MEETING SCHEDULE Thank youl Note to Board Members - As all Supervisors are included on this e-mail, please do not answer this e-mail via the "reply to all" button, in order to avoid an unintentional violation of the Sunshine Law. Janice Swade District Recording Secretary Severn Trent Services, Inc. 210 North University Drive Suite 702 Coral Springs, FL 33071 (954) 753 -5841 Ext. 3058 (Telephone) (954) 345 -1292 (Fax) From: Anthony Davis [mailto:Anthony @jadavis.com] Sent: Monday, August 20, 2012 6:12 PM To: Swade, Janice Cc: Teague, Cal; Baldwin, Alan Subject: RE: POI CID FY 2013 MEETING SCHEDULE The Clubhouse at Orchid Cove has been reserved for the 2013 Scheduled meetings for the CID -POI. Anthony (239) 430 -0806 www.ladavis.com From: Swade, Janice [ mailto :jswade @severntrentms.com] Sent: Monday, August 20, 2012 4:47 PM To: anthony@jadavis.com Cc: Teague, Cal; Baldwin, Alan Subject: POI CID FY 2013 MEETING SCHEDULE Attached is the Port of the Islands CID's FY 2013 Meeting Schedule. Can you confirm whether or not the Orchid Cove Clubhouse can be reserved for the meetings? Janice 8/21/2012 Page 1 of 1 A3 Swade, Janice 16 11 A 3 From: Swade, Janice Sent: Tuesday, August 21, 2012 9:08 AM To: 'rcziko @embargmaii.coml; 'Dillon Norine'; 'crcuster @aol.com'; 'Dale Lambert'; 'Ted Bissell'; 'Ron Benson; 'Dan Cox; Dick, Robert; Casey, Bob; Edge, Robert; Bloom, Stephen; Baldwin, Alan; Randel, Helena; Pepin, Christopher, 'kehlmeier @basicisp.net'; 'patmolberg @aol.com' Cc: Teague, Cal; Colao, Barbara; Ritter, Wendy; Holden, Deanna; LaCap, Luvinia; Hodza,Rose; Manza, Diane; Rehe, Stephanie Subject: POI CID FY 2013 MEETING SCHEDULE Attachments: POI FY 2013 Meeting Schedule.pdf Attached for your use and information is the Fiscal Year 2013 Meeting Schedule for the Port of the Islands Community Improvement District. Note to Board Members - As all Supervisors are included on this e-mail, please do not answer this e-mail via the "reply to all" button, in order to avoid an unintentional violation of the Sunshine Law. Janice Swade District Recording Secretary Severn Trent Services, Inc. 210 North University Drive Suite 702 Coral Springs, FL 33071 (954) 753 -5841 Ext. 3058 (Telephone) (954) 345 -1292 (Fax) 8/21/2012 • r Port of the Islands July 2012 Field Managers Report Water Treatment Plant Operations and Maintenance The Water Treatment Plant produced and distributed 1.880 MG for the month of July, which is an average of 0.060 MGD. Wastewater Plant Operations and Maintenance The WWTP treated approximately 1.223 MG for the month of June, which is an average of 0.039 MGD Reuse System Operations and Maintenance The reuse system delivered 6.009 MG for the month of June, which is an average of 0.194 MGD. Permit Compliance: Water Treatment Plant: All permit requirements met Wastewater Treatment Plant All permit requirements met CONSTRUCTION UPDATE: Paving of the North area of Water Plant was completed. Sevem Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 1 Fax 239- 642 -9469 • www.sevemtrentservices.com ............... IMMOMM Port of the Islands July 2012 Field Managers Report r 1611 A3 yea �_ CONSTRUCTION UPDATE: New fence poles and landscaping around North area of Water Plant CONSTRUCTION UPDATE: Landscaping around South area of Water Plant. Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 Fax 239$42 -9469 • www.severntrentservfces.com SEVERN��j 16 Port of the Islands A July 2012 Field Managers Report A � ��* CONSTRUCTION UPDATE: Crew Hydro seeding around the plant site. Our New Forklift! Sevem Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 Fax 239 -642 -9469 • www.severntrentservices.com SERVICES Port of the islands 1611 July 2012 Field Managers Report In Our Community UPDATE: Sotds Landscaping has not started on this 'Uplifting' project, but Mr. Soto informed me that they wilt begin the project during week of August 13th. Severn Trent Services - 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 4 Fax 239-642 -9469 • www.severntrentservices.com Port of the Islands July 2012 Field Managers Report SERVICES ■ Water Loss Renorts 1611 A31, Potable Water Report 5 4.5 4 3.5 S 247 S 3 gg 2.5 8 —0 2 1.822 1.823 2.002 1.88 15 1'4- 1.365 1.391 1.496 .0 1 0.5 1 % 4e o 0 e 0 Aug-11 Sep-1i Oct 11 Nov-11 Dec-11 Jan-12 Feb-12 Mar -12 Apr -12 May-12 Jun-12 Jul-12 -s- Water Produced -0-- Water Billed — % Water Loss Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tat New business: I have received two quotes for the painting of the Wastewater Treatment Plant, Tanks and Old Operations Building. 23942 -9219 5 Fax 23942 -9469 • www.sevemirentservices.com 8.21 B Irrigation Water Report 9.0 8.991 8 8.930 �)7.203 19 8 8.953 8.0 .865 . .976 3.93 5 5.025 3.756 7.0 3.224 6.0 -20% 1 17% 4 4% 2 22% 2 249/° 3 3% 2 2% 1 10% 6 6% 9 9% 8 8% Ju1-it A Aug -t1 1 1 Oct -11 N Nov11 D Dee -11 J Jan-12 F Feb-12 M c Apr-i2 M May -12 J Jvo-12 0 5.0 m 4.0 C 0 3.0 2.0 1.0 0.0 +- ImgalionMe<er - a— iaigationB(Iled +- %Water Loss Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tat New business: I have received two quotes for the painting of the Wastewater Treatment Plant, Tanks and Old Operations Building. 23942 -9219 5 Fax 23942 -9469 • www.sevemirentservices.com 8.21 B 8.991 8 8.930 �)7.203 19 8 8.953 .865 . .976 3.93 5 5.025 3.756 3.224 -20% 1 17% 4 4% 2 22% 2 249/° 3 3% 2 2% 1 10% 6 6% 9 9% 8 8% Ju1-it A Aug -t1 1 1 Oct -11 N Nov11 D Dee -11 J Jan-12 F Feb-12 M Mar-12 A Apr-i2 M May -12 J Jvo-12 New business: I have received two quotes for the painting of the Wastewater Treatment Plant, Tanks and Old Operations Building. 23942 -9219 5 Fax 23942 -9469 • www.sevemirentservices.com 6 1 11 A3 Prepared by f3• + tic U443 � Nl HOLE MONTES R.O. WATER TREATMENT PLANT ENGMM- KMM ' SUMORS PORT OF THE ISLANDS, FLORIDA PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT MONTHLY PROGRESS REPORT August 17, 2012 A. Project Schedule — Overview • Construction Schedule: Schedule prepared using critical path method and Oracle (Primavera) software. Baseline schedule has been approved. Updated schedule being submitted each month. • Primary Activities Last Month — Cardinal: Painting inside the building continued, Site Landscaping almost completed, Old Water Treatment Plant demolition is complete, excavation and paving on the North side of the New Water Plant completed. • Primary Activities Last Month — ITT: ITT personnel were onsite the week of July 23r". Flowmeters were waterproofed, Membrane cleaning was conducted on RO skid #1, and testing of the air system for Calcite Contactors 1 and 2 were conducted. • Functional Completion: Substantial Completion as per the current construction contract shall occur no later than December 14, 2011, which includes a time extension request for approximately one month previously granted. Substantial Completion occurred on May 11, 2012. An additional time extension will be necessary due to ITT material delivery. • Anticipated Facility Startup: FDEP certification was received on June 5, 2012. Water has been created and distributed to the community since June 6, 2012. • Anticipated Demolition of the "old" Water Treatment Plant: Demolition has been completed. B. Field Progress • Procurement: Materials procurement (shop drawing submission, approvals, and manufacturing lead time) is complete with 162 technical submittals received from the contractor. • Field Activities: Preliminary Acceptance punch list has been submitted to Cardinal Contractors for completion. Upon completion of these items, the Engineer will perform a Final Inspection of the facility. • ITT: ITT has been provided a series of informal (e -mail) lists of uncompleted items and items requiring correction. Some items remain on this list. • Safety Record: No safety incidents to report. • Stormwater Pond: Retention area substantially complete. C. Project Costs • Construction Contract: Sixteen payments (Total of $2,958,221.13) [91%] have been made to date on contract amount of $3,417,563. \1hm- data lHMDATA- NP12011120110031EN1C CorrespondencelC1 Client Correspondence120120817- August Monthly Progress Report BOS.doc 1611 A3 ITT Contract: Two payments (Total of $617,344.20) have been made to date on contract amount of $780,225. Other Contracts: Seven payments (Total of $156,436.83) [50 %] have been made to date on contract amounts of $315,388.40. Sevem Trent Services 0.00 Evans Computers 3,255.00 BCI 27,121.33 KW Controls 109,516.50 TOTAL $139,892.83 W.E. Johnson (forklift) $16,544.00 • Proiect Allowances — Cardinal Contractors Allowance — Owner Directed Work Contract Amount $300,000.00 Total to Date ($257,698.15) Balance $ 42,301.85 Allowance — Building Permit Contract Amount $25,000.00 Total to Date ($16,607.92) Balance $ 8,392,92 Total Balance Available $54,411.77 11hm- datalHMDATA- NP12011120110031EMC Correspondence\Ci Client Correspondence120120817- August Monthly Progress Report BOS.doc Kri4ty 3a+CteW,, Eweccitwe,Aides 3ov d, of CavwXy C k Office, YL Kv'ia'v, 1611 A3 q 11-8-2012 U " 0 LOM'' t toot M, Pc- tof the-Isia td%C ImprovernentD4&a ct • September 21, 2012 Meetuu , Mivi tre4, • A u c wt, 2012 Fauwi c4aai R epovt a '& U nau dame& Fivuwwv is l State*wh-ttk A n,vtl BOvw L M" tte�k 6r Zecord%k Department- X-8406 Fiala ✓ Hiller Henning Coyle Coyle Coletta, Misc. Corres: Date: \ gl l3 Item #: \� 3 ::a�,,ies to: 1611 A 3 A rt of the Islands Communitv Improvement Di Severn Trent Services, Management Services Division 210 North University Drive, Suite 702 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 345 -1292 Fax November 7, 2012 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held September 21, 2012 and Approved October 19, 2012 From: Calvin Teague District Manager Enclosed for your records is a copy of the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please be sure to make this document available for public access during normal business hours. If you have any questions, please contact Janice Swade at (954) 753 -5841. Cc: For informational purposes only: /. Crystal Kinzel Director Clerk of the Circuit Court/Finance Department 3299 Tamiami Trail East Suite 403 Naples, Florida 34112 -5746 Mr. Leo Ochs, Jr. Collier County Manager 3299 Tamiami Trail East Suite 202 Naples, Florida 34112 1611 A3 Port of the Islands Community Improvement District Board of Supervisors Richard Ziko, Chairman Calvin Teague, District Manager Norine Dillon, Vice Chairperson Daniel Cox, District Counsel Charles Custer, Assistant Secretary Ronald Benson, District Engineer Dale Lambert, Assistant Secretary Theodore Bissell, Assistant Secretary Regular Meeting Agenda Thursday, September 21, 2012 —10:00 a.m. I. Call to Order and Roll Call 2. Approval of the Minutes of the August 17, 2012 Meeting 3. Public Comment Period 4. Old Business A. Review of Landscape Maintenance Performance B. Update on U.S. 41 Median Flooding C. Consideration of Proposal from RMA GeoLogic Consultants, Inc. for Retrofitting of Three Supply Wells 5. New Business A. Consideration of Proposal from C and S Irrigation Services, LLC for Irrigation Valve Repairs in Stella Maris 6. District Manager's Report A. Approval of the August 31, 2012 Financial Statements and Check Register 7. Field Manager's Report A. Discussion of August 2012 Operations Report B. Update on Gun Club Water Bill 8. Attorney's Report A. Update on North Hotel Bankruptcy Proceedings B. Update on Lot 45 Drainage Swale Agreement C. Update on Sunset Cay Utility Dedication 9. Engineer's Report A. Update on New Water Treatment Plant B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) 10. Supervisors' Requests 11. Public Comment Period 12. Adjournment NOTES: The next meeting is scheduled for Friday, October 19, 2012, at 10:00 a.m. District Office: 210 North University Drive, Suite 702 Coral Springs, Florida 33071 954 - 753 -5841 hUp:#poicid.com/ Meeting Location: Orchid Cove Clubhouse 25005 Peacock Lane Naples, Florida 34114 239 -430 -0806 1� 1611 A3 M MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, September 21, 2012 and called to order at 10 :05 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida 34114. Present and constituting a quorum were: Richard Ziko Chairman Norine Dillon Vice Chairperson Dale Lambert Assistant Secretary Also present were: Robert Casey Field Manager, Severn Trent Services Daniel Cox District Counsel Ronald Benson District Engineer Robert Dick Severn Trent Services Robert Edge Lead Operator, Severn Trent Services Jon Phillips CaterMasters Inc. Anthony Davis Orchid Cove HOA Jean Kungle POI Realty Gopal Motwani POI Hotel Randolph Resch Resident Audrey Sanders Resident The following is a summary of the discussions and actions taken at the September 21, 2 012 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call Mr. Casey called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 17, 2012 Meeting Mr. Ziko stated each Board member received a copy of the Minutes of the August 17, 2012 Meeting; requesting any additions, corrections or deletions. Wednesday, 11/7/12 September 21, 2012 There not being any, 161 �3 Port of the Islands CID On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the Minutes of the August 17, 2012 Meeting; were approved. THIRD ORDER OF BUSINESS Public Comment Period • Mr. Jon Phillips, owner of CaterMasters Inc. of Naples, Florida which has been servicing the POI Resort's banquets and events for approximately two years will be leasing the hotel's restaurant and bar space to open on October 16, 2012. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Mrs. Dillon discussed her ride - through inspection with Mr. Edge and Mr. Soto. • Weeds have been an issue due to standing water. ➢ Mr. Lambert expressed concern with weeds around the retention ponds. • Irrigation timers will be turned on at the appropriate times. • Fertilization will be done in the next couple of weeks. • Soto will submit a proposal for landscape maintenance for the new plantings around the new water plant. • The area of the road back to the well field had to be trimmed back, as the trucks were getting scratched by the branches. B. Update on U.S. 41 Median Flooding • The county has not responded to date, but Mrs. Dillon will continue trying to contact them. C. Consideration of Proposal from RMA GeoLogic Consultants, Inc. for Retrofitting of Three Supply Wells Mr. Benson presented a proposal from RMA GeoLogic Consultants, Inc. for the Board's review and approval; a copy of which will be entered into the official record. • The proposal includes an inspection by the Hydrogeologist, who will also prepare a report of the work to be done to be kept on file for the CID's permits. • Hole Montes works with this firm on a regular basis. Wednesday, 11/7/12 2 1611 A3 September p ber 21, 2012 Port of the Islands CID Mr. Lambert MOVED to accept the proposal from RMA GeoLogic Consultants, Inc. for retrofitting of the three supply wells as discussed in the amount of $10,770. ➢ Mr. Benson believes this to be a reasonable price based on standard rates. ➢ Hole Montes may bill the CID separately for a couple of hours. A There is a markup for travel time. Mrs. Dillon SECONDED the prior motion as discussed. ➢ Mr. Lambert was assured Severn Trent staff will keep a record for timeframes of future repairs on these three wells. ➢ Staff should ascertain all pumps have strainers. There being no further discussion, On VOICE vote with all in favor, the proposal from RMA GeoLogic Consultants, Inc. for retrofitting of the three supply wells in the amount of $10,770 was accepted. FIFTH ORDER OF BUSINESS New Business A. Consideration of Proposal from C and S Irrigation Services, LLC for Irrigation Valve Repairs in Stella Maris Mr. Casey presented the proposal from C and S Irrigation Services, LLC in the amount of $702.37; a copy of which will be entered into the official record. Mr. Edge was asked to obtain more information on the proposal, which he will present at the next meeting. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of August 31, 2012 Financial Statements and Check Register Mr. Casey presented the August 31, 2012 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. • The following items are over budget, which. Mr. Teague will investigate: ➢ Electricity for street lighting Wednesday, 11/7112 3 September 21, 2012 1611 A 3 Port of the Islands CID ■ Staff should be able to project budget costs for this item since it is a set price. ➢ Utility irrigation ➢ Mr. Teague will check these items. • The two Corrigan accounts noted on Page 26 were paid. • The Board asked for a copy of the final adopted budget. • Mr. Teague will determine whether the May 8th and May 18th line item reflecting irrigation charges should be applied to the water treatment plant as opposed to the cap. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the August 31, 2012 Financial Statements and Check Register were approved. SEVENTH ORDER OF BUSINESS Field Manager's Report A. Discussion of August 2012 Operations Report Mr. Edge presented the August 2012 Operations Report for discussion; a copy of which will be entered into the official record. • The large tank at the end of the wastewater plant will get another coat of paint. • Mr. Edge was directed to have the POI logo put on the digester which the contractor offered to do free of charge, as long as there are no associated permitting fees. • Mr. Benson asked Mr. Edge to ensure the street number is posted on one of the buildings. • The Board is in favor of having signs posted on the gates stating, Port of the Islands Water and Wastewater Treatment Facility Operated by Severn Trent Services. ➢ The Board would also like No Admittance signs posted on the gate. • Mr. Edge discussed the Open and Closed Work Orders by Date with WO Notes. • Mrs. Dillon reminded Mr. Edge Mr. Teague should provide an explanation of Unused Residue Budget Old Contract which was requested at the last meeting. Wednesday, 11/7/12 4 September 21, 2012 16b1 A3 4 Port of the Islands CID • Mrs. Dillon reminded Mr. Edge staff should provide a breakdown of labor and hours charged for backflow preventer repairs in Orchid Cove which was requested at the last meeting. ➢ Mr. Edge will also look into the impact on backflow preventers on a street when the auto flush hydrants turn on. • Mr. Casey discussed the issue regarding the resident who complained about hydrogen sulfide odors. ➢ Although staff took care of this problem, the resident retained legal services against Severn Trent Services. • The Gun Club has paid the balance on their water bill to date. • Any unused pesticide for mosquito spraying can be used next year, as it has a long shelf life. ➢ A representative from the Florida Department of Agriculture suggested mosquito spraying done at dusk is more efficient and at a faster speed spraying both sides. • The CID passed the recent inspection conducted by the Florida Department of Agriculture. • Mr. Dick reported staff completed three out of five years on the backflow preventer installation program. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • Mr. Cox announced there will be an Executive Session at approximately 12:00 p.m. today. B. Update on Lot 45 Drainage Swale Agreement • Mr. Cox had no update on this issue. C. Update on Sunset Cay Utility Dedication • Modifications were made to the proposed agreement which will be presented to each sub - association for their feedback. • It is likely the agreement will be formally executed by the end of this year. Mr. Cox addressed a resident request. Wednesday, 1117!12 5 1611 A3 September 21, 2012 Port of the Islands CID • The Board is not in favor of allowing the owner to merge his two properties at 199 Evening Star Cay in order to have the assessment waived on the vacant property, as it would set a precedent for other like situations. NINTH ORDER OF BUSINESS Engineer's Report A. Update on New Water Treatment Plant Mr. Benson presented the Monthly Progress Report for discussion; a copy of which will be entered into the official record. • The project is close to completion. • The contractor will soon be contacting Collier County to do their final building permit inspection. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • Staff agreed to transfer any items associated with Xlyem Water Solutions to the warranty category. • The outstanding work will not affect issuance of the Certificate of Occupancy. • Mr. Benson may have Mr. Cox prepare a Demand Letter for any outstanding warranty issues. • Staff expects to release retainage shortly with Cardinal Contractors. ➢ Work done by Cardinal is in no way related to ITT. • Mr. Benson will follow up with Mr. Teague regarding status of a significant amount of money which has not been invoiced by Severn Trent Services. • Mrs. Dillon reminded Mr. Benson about scheduling the open house for the new plant sometime in January. TENTH ORDER OF BUSINESS Supervisors' Requests Hearing no requests from Supervisors, the next item followed. ELEVENTH ORDER OF BUSINESS Public Comment Period • Mr. Phillips discussed other events they are planning. ➢ Mrs. Dillon suggested they may want to get involved with the open house for the new water plant. Wednesday, 11/7/12 6 1611 September 21, 2012 Port of the Islands CID TWELFTH ORDER OF BUSINESS Adjournment On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the meeting was recessed in order to allow for the Executive Session regarding the North Hotel Bankruptcy Proceedings. There being no further business, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the meeting was adjourned at 11:57 a.m. Dale Lambert Assistant Secretary Wednesday, 11/7/12 7 Richard Ziko Chairman A3 4 September 21, 2012 There being no further business, On MOTION by Mrs. Dillon favor, the meeting was adiour Monday, 10/8/12 7 1611 A3 14 Port of the Islands CID ended by Mr. Lambert with all in at 11:57 a.m. -/--. C' ��'4 Richard zi Chairman 1611 f3 4 12771 World Plaza Lane, Building 87, Suite I RMA Fort Myers, FL. 33907 /\<\ ,-Geologic Consultants, Inc. (239)415 -1818 ( Fax: (239)415-1919 www,rma- geologic:corn I e-mail: infourma- geologic.com August 30, 2012 Mr. Calvin Teague District Manager Port of the Islands Community Improvement District 5911 Country Lakes Drive Ft. Myers, FL 33905 Re: Port of the Islands Water Supply Wells Retrofitting Pump Intakes RMA Proposal # P12 -892 Dear Mr. Teague: Pursuant to the request of Hole Montes, RMA Geologic Consultants (RMA) is pleased to provide this proposal to retrofit the Line shaft turbine pump intakes for the three Port of the Islands (POI) water supply wells. This will include removing the pumps and pump columns, extending each pump intake length by three feet (Le, column pipe, line shaft, and line shag bearings), adding a cone strainer to the easternmost well, and reinstallation of the pumps. A more detailed proposed work scope and cost proposal is provided below. Proposed Workscope (1) All appropriate coordination will be provided throughout the project with the well contractor, Hole Montes, and POI. (2) A qualified well contractor will be retained to retrofit the pump intakes. An on -site RMA representative will be present throughout the process to supervise the work. (3) A brief final report, with as -built drawings, will be prepared detailing the retrofitting of the pump intakes. Cost Proposal Item (1) Coordination (2) Retrofitting of pump intakes a. Well contractor b. Consulting (3) Final report with as -built drawings Amount $750.00 5,895.00 2,675.00 1,450.00 Total: $10,770.00 August 30, 2012 Mr. Calvin Teague Page 2 Acceptance 1611 A3 RMA GeoLogic Consultants is pleased to have the opportunity to provide this proposal for to Port of the Islands. Do not hesitate to call should you have any questions or comments regarding any aspect of this matter. If this proposal is acceptable please sign both copies of the attached Authorization form, return one to us at the above address, and retain the other for your records. Sincerely, Danis i J. Actluaviv i, P.G. Vice President FL Licensed Professional Geologist # 1066 1611 A3 t4 PROJECT AUTHORIZATION FOR PORT OF THE ISLANDS WATER SUPPLY WELLS PUMP INTAKE RETROFITS This Agreement authorizes RMA Geologic Consultants, Inc. to provide services as described in the attached letter proposal dated August 30, 2012. Billings will be made on a progress basis or upon completion of the project, whichever comes first. Payment is to be made within 30 days of the invoice date and late invoices may be charged at a rate of 1.5% per month beyond 30 days. In the event it becomes necessary to retain attorneys to collect any amounts owed under this contract, RMA GeoLogic Consultants, Inc. shall be entitled to all costs plus a reasonable attorney's fee. This authorization constitutes a legal contract under the laws of the State of Florida. The undersigned parties have reviewed this document and agree to the scope of services to be provided and all terms of the contract. Two originals of this proposal are provided. Please sign both originals. Keep one original for your file and return the other original for our records and as our authorization to proceed. RNIA GeoLogic Consultants, Inc. <� August 30, 2012 Daniel J. Acquaviva, P.G. Date Vice President Authorized Agent, itle Date and tm,4 3. C and S Irrigation Services, Inc 2830 35th Ave. NW Naples„ FL 34120 Irrigation Services, LLC (239)354 -1080 lila @sotolawn.com Port of the Islands CID Att: Bert Underwood cdd 210 University Drive #702 Coral Springs, FL 33071 • Corner of Cays Dr. - Stella Marls (Recommend to replace 3 valves, Mock) Clock 'Main Entrance left side • In zone #1 by lake • In zone #2 by lake • In zone #3 side walk • 2 inch Pvc Pipe • 2 inch Valve • 2 Inch Tee • 2 Inch Male Adapter • 2 Inch Elbow • 2 inch Coupling • Labor 2 men per hour ALL ESTIMATES MUST BE SIGNED AND RETURNED PRIOR TO START OF WORK 10 3 3 6 3 3 2 1611 Date Estimate # 08/30/2012 Exp. Pate 0.96 150.00 3.59 3.00! 3.50 4.50'; 95.00; 9.60 450.00 10.77 18.00 10.50 13.50 190.00 Accepted By: Accepted Date: 1611 A 3 - ! Port of the Islands Community Improvement District Financial Report August 31, 2012 Prepared by 1611 A3 54 Port of the Islands Community Improvement District Table of Contents FINANCIAL STATEMENTS Balance Sheet - All Funds ...... .................. Page 1 General Fund Statement of Revenues, Expenditures and Changes in Fund Balance ........... Page 2 - 3 Trend Report g - Enterprise Fund Statement of Revenues, Expenditures and Changes in Fund Balance Page 6 - 7 TrendReport ... — ......... . ................. ..,,..........,...,..... Page 8 - 9 SUPPORTING SCHEDULES Check Register ........................... ............................... Page 10 - 11 Special Assessments - Collection Schedule ............................ ....................:..... Page 12 Construction Schedule .................... ......... ....... Page 13-14 CIP Status Report ............... ......... ......... .................. Page 15 - 16 Cash Flow Projections ............... ... ......... ........... ....... .....,....,.. Page 17 - 18 Cash Flow Projections - 5 year ............... ..........,.. .............,...........,..... Page 19 Monthly Activity Report ........ I ....... Page 20 - 25 Accounts Receivable Ageing Report (90+ days outstanding) ..... ...... ....._...,,,......... .......... Page 26 - 27 Repair and Maintenance Detail Reports ............... ......... ....._.....,.,.......,...... ... Page 28 - 32 1611 Q3 Oq Port of the Islands Community Improvement District Financial Statements (Unaudited) August 31, 2012 PORT OF THE ISLANDS CID STATEMENT OF NET ASSETS AUGUST 31, 2012 ASSETS CURRENT ASSETS: CASH ACCOUNTS RECEIVABLE DUE FROM OTHER FUNDS INVESTMENTS: CERTIFICATE OF DEPOSIT - 540 DAYS MONEY MARKET ACCOUNT SBA ACCOUNT SBA ACCOUNT (RESTRICTED) SBA RESERVES SBA RESERVES (RESTRICTED) CONSTRUCTION FUND FMV ADJUSTMENT PREPAID ITEMS TOTAL CURRENT ASSETS NONCURRENT ASSETS: INTANGIBLE ASSETS, NET CAPITAL ASSETS: LAND CONSTRUCTION IN PROGRESS IMPROVEMENTS, NET EQUIPMENT, NET TOTAL NONCURRENT ASSETS TOTAL ASSETS LIABILITIES CURRENT LIABILITIES: ACCOUNTS PAYABLE RETAINAGE PAYABLE DUE TO OTHER FUNDS DEPOSITS BONDS AND LOANS PAYABLE CURRENT OTHER CURRENT LIABILITIES TOTAL CURRENT LIABILITIES NONCURRENT LIABILITIES: BONDS AND LOANS PAYABLE, LONG -TERM TOTAL NONCURRENT LIABILITIES TOTAL LIABILITIES NET ASSETS INVESTED IN CAPITAL ASSETS, NET OF RELATED DEBT RESERVES - ASSET REPLACEMENT UNRESTRICTED NONSPENDABLE PREPAID ITEMS ASSIGNED OPERATING RESERVE UNASSIGNED TOTAL NET ASSETS 1611 A3 GENERAL WATER AND TOTAL SEWER 148,129 32,167 180,296 417 - 417 205,564 110,121 205,564 151,050 - 151,050 706,685 6,565 713,250 3,890 3,070 6,960 12,870 26,844 39,714 1,728 - 1,728 1,545 892,736 1,545 4,005,730 808,049 808,049 (2,057) (3,830) (5,887) 1,883 2,441 4,324 1,231,704 875,306 2,107,010 38,627 38,627 288,459 288,459 1,835,968 1,835,968 6,777,592 6,777,592 110,121 110,121 - 9,050,767 9,050 767 1,231,704 9,926,073 11,157,777 218 218 154,978 154,978 205,564 205,564 32,800 32,800 497,303 497,303 1,873 1,873 892,736 892,736 4,005,730 4,005,730 4,005,730 4,005,730 4,898,466 4,898,466 4,547,735 4,547,735 50,000 50,000 429,874 429,874 1,883 1,883 105,018 105,018 1,124,803 1,124,803 $ 1,231,704 $ 5,027,609 $ 6,259,313 NOTE: MINOR DIFFERENCES IN STATEMENT TOTALS 1 REPORT DATE: 9/712012 AREA DIRECT RESULT OF ROUNDING TO WHOLE DOLLARS. 1611A3 PORT OF THE ISLANDS General Fund Community Improvement District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending August 31, 2012 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) AS A % OF AUGUST -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL REVENUES Interest - Investments $ 2,090 $ 1,916 $ 3,750 $ 1,834 179.43% $ 1 Net Incr (Decr) In FMV- Invest Administrative 103,821 2,121 2,121 0.00% - Interest - Tax Collector - P/R -Board of Supervisors 34 34 0.00% 10 Special Assmnts- Tax Collector 435,400 435,400 402,231 (33,169) 92.38% Special Assmnts- Discounts (17,416) (17,416) (11,204) 6,212 64.33% 1 TOTAL REVENUES 420,074 419,900 396,932 (22,968 94.49% 12 EXPENDITURES Administrative 103,821 95,169 91,081 4,088 87.73% 8,333 P/R -Board of Supervisors 7,000 6,417 5,900 517 84.29% 400 FICA Taxes 536 491 451 40 84.14% 31 ProfServ- Engineering 26,000 23,833 18,427 5,406 70.87% 386 ProfServ-Legal Services 12,500 11,458 32,978 (21,520) 263.821/6 314 ProfServ-Mgmt Consulting Sent 27,539 25,244 25,244 - 91.67% 2,295 ProfServ- Property Appraiser 6,530 6,530 6,531 (1) 100.02 ProfServ- Special Assessment 8,974 8,974 8,974 - 100.00% 20,661 Auditing Services 3,750 3,750 3,500 250 93.33% Communication - Telephone 100 92 21 71 21.00% 1 Postage and Freight 1,500 1,375 1,014 361 67,60% 77 Rental - Meeting Room 300 275 300 (25) 100.00% 25 Insurance - General Liability 8,270 8,270 7,690 580 92.99% Printing and Binding 2,000 1,833 1,085 748 54.25% 98 Legal Advertising 2,200 2,017 711 1,306 32.32% 218 Miscellaneous Services 400 367 835 (468) 208.75 Misc- Assessmnt Collection Cost 8,708 8,708 7,821 887 89.81% Misc -Web Hosting - 119 (119) 0.00% Office Supplies 650 596 238 358 36.62% 23 Annual District Filing Fee 175 175 175 100.00 Total Administrative 117,132 110,405 122,014 11,609) 104.17% 3,870 Field Contracts -Mgmt Services 103,821 95,169 91,081 4,088 87.73% 8,333 Contracts - Landscape 79,440 72,820 75,295 (2,475) 94.78% 9,095 Electricity - Streetlighting 13,000 11,913 15,092 (3,179) 116.09% 1,529 Utility - Irrigation 7,200 6,600 12,398 (5,798) 172.19% 145 R &M- Renewal and Replacement 20,000 18,333 11,495 6,838 57.48% 1,559 R &M -Roads & Alleyways 6,000 5,500 5,500 0.00 % - Capital Outlay 73,481 67,358 67,358 0.00% Total Field 302,942 277,693 205,361 72,332 67.79% 20,661 TOTAL EXPENDITURES 420,074 388,098 327,373 60,723 77.93% 24,531 Report Date: 9/6/2012 Prepared by: Severn Trent Management Services 2 1611 A3 PORT OF THE ISLANDS General Fund Community Improvement District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending August 31, 2012 Report Date: 9/6/2012 Prepared by: Severn Trent Management Services 3 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE (_) AS A % OF AUGUST -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL Excess (deficiency) of revenues Over (under) expenditures 31,802 69,557 37,755 0.00% (24,519) Net change in fund balance $ $ 31,802 $ 69,557 $ 37,755 0,00% __$ 24,519 FUND BALANCE, BEGINNING (OCT 1, 2011) 1,162,147 1,162,147 1,162,147 FUND BALANCE, ENDING $ 1,162,147 $ 1,193,949 $ 1,231,704 Report Date: 9/6/2012 Prepared by: Severn Trent Management Services 3 V AW we O c E M c .0 E E 0 a L u 0 IL ui CIE cu 1611A'3 It CR --5 -q E 9 81- IL c6 Q us C.6 �q N 'd i ui W rq cq clL Is, ::L IL Q 4 W z:- Ct , N r iH l 75 D2 2 EL 3 cg i c° .2 4 :2 4 ale SA r, _q -E z E c-* w- p- 71 C 94 ta to CL E O CL E ai C 2 E O E O 161'1 A to Ii � � § M 9 § � a- ;-! , r—; C'r c:r Lq a aq tiY c6 Gn c"L CL ZS w td LL IR IR ME > o ca le c O cm w z -6 Lu uy m 0 z 1611 A3 14 PORT OF THE ISLANDS Water And Sewer Fund Community Improvement District Statement of Revenues, Expenses and Changes in Net Assets For the Period Ending August 31, 2012 Report Date: 9/612012 Prepared by: Severn Trent Management Services 6 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE {S) AS A % OF AUGUST -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL OPERATING REVENUES Interest - Investments $ 5,446 $ 4,994 $ 2,535 $ (2,459) 46.53% $ 1 Water Revenue 40,000 36,667 38,760 2,093 96.90% 2,419 Sewer Revenue 60,000 55,000 58,244 3,244 97.07% 3,784 Irrigation Fees 100,000 91,667 76,145 (15,522) 76.15% 5,719 Meter Fees - 2,500 2,500 0.00% Net Incr (Deer) In FMV- Invest - 3,949 3,949 0.00 SpecialAssmnts - Tax Collector 1,135,025 1,135,025 1,048,559 (86,466) 92.38% SpecialAssmnts- Discounts (45,401) (45,401) (29,206) 16,195 64.33% 3 Other Miscellaneous Revenues 4,835 4,835 0.00% 350 TOTAL OPERATING REVENUES 1,295,072 1,277,952 1,206,321 (71,6311 93.15% 12,276 OPERATING EXPENSES Personnel and Administration P/R -Board of Supervisors 7,000 6,417 5,900 517 84.29% 400 FICA Taxes 536 491 451 40 84.14% 31 ProfServ- Engineering 26,000 23,833 18,427 5,406 70.87% 388 ProfServ- Legal Services 12,500 11,458 32,978 (21,520) 263.82% 314 ProfServ-Mgmt Consulting Sery 27,652 25,348 25,348 91.67% 2,304 ProfServ- Property Appraiser 17,024 17,024 17,025 (1) 100.01% ProfServ- Special Assessment 7,655 7,655 7,655 - 100.00% ProfServ- Utility Billing 15,821 14,503 9,053 5,450 57.22% Auditing Services 3,750 3,750 3,500 250 93,33 Communication - Telephone 100 92 21 71 21.00% 1 Postage and Freight 1,000 917 597 320 59.70% 52 Rental - Meeting Room 300 275 300 (25) 100.00% 25 Insurance - General Liability 8,270 8,270 7,690 580 92.99% - Printing and Binding 1,500 1,375 814 561 54.27% 74 Legal Advertising 1,600 1,467 583 884 36.44% 158 Miscellaneous Services 1,100 1,008 2,021 (1,013) 183.73% 144 Misc- Assessmnt Collection Cost 22,701 22,701 20,387 2,314 89.81% - Office Supplies 750 688 279 409 37.20% 27 Total Personnel and Administration 155,259 147,272 153,029 (5,757) 98.56% 3,918 Water -Sewer Comb Services Contracts -Mgmt Services 311,599 285,632 276,432 9,200 88.71% 25,794 Contracts -Other Services 2,000 2,000 1,75D 250 87.50% Communication - Teleph - Field 3,768 3,454 3,670 (216) 97.40% 365 Utility - General 60,000 73,333 74,759 (1,426) 93.45% 6,822 R &M- Irrigation 10,000 9,167 35,790 (26,623) 357.90% 310 R &M -Water Plant 10,000 9,167 23,875 (14,708) 238.75% 1,090 R &M -Waste Water Plant 25,000 22,917 56,815 (33,898) 227.26% 16,557 Misc -Bad Debt 2,079 (2,079) 0.00% - Report Date: 9/612012 Prepared by: Severn Trent Management Services 6 1611 ez PORT OF THE ISLANDS Water And ewer Fund Community Improvement District Statement of Revenues, Expenses and Changes in Net Assets For the Period Ending August 31, 2012 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ( ;) AS A % OF AUGUST -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD ACTUAL Misc - Licenses & Permits 4,500 4,500 4,375 125 97.22% Cap Outlay- Irrigation 10,000 9,167 9,167 0.001% Cap Outlay -Water Plant 3,697,180 3,389,082 3,072,672 316,410 83.11% 49,982 Cap Outlay -Waste Water Plant 30,796 28,230 18,635 9,595 60.51% Capital Reserve 25,000 22,917 - 22,917 0.00% Total Water -Sewer Comb Services 1,209,843 3,859,566 3,570,852 288,714 84.82% 100,928 Debt Service Principal Debt Retirement 480,440 480,440 480,440 0.00% Interest Expense 174,920 174,920 102,037 72,883 58,33% Total Debt Service 655,360 655,360 102,037 553,323 15.57% TOTAL OPERATING EXPENSES 5,020,462 4,662,198 3,825,918 836,280 76.21% 104,846 Operating income (loss) (3,725,390) (3,384,246) (2,6191597) 764,649 70.32% {92,570) Change in net assets $ (3,725,390) $ (3,384,246) $ (2,619,597) $ 764,649 70-32% $ 92,570 TOTAL NET ASSETS, BEGINNING (OCT 1, 2011) 7,647,204 7,647,204 7,547,204 TOTAL NET ASSETS, ENDING $ 3,921,814 $ 4,262,958 $ 5,027,607 Report Date: 916/2012 Prepared by: Severn Trent Management Services 7 I -S 13 .4 m U) c E 0 CL c E C 2 E yO E O CL 1611 "A3 co m c"t 12 Ml Eq -M Ili 09 P QQ Vi ce cq lfi Iq 'i c M .5 C4 N' rri Vi c A E VA t+ rl: N c6 le Iz 0 IS i2 co Is E E LA f A IL lm :9 C re yy 15 F p4Hz. 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J�JLLU >wCtzzo� c�zz�w >4�p C� Crp0 >>> > >w <, xm°� M. °°oouw Cc)o �°w. wQLL°OLLxm°awiwwwiCwo N_ N- N N N N N N N N_ N N N_ N_ N_ N_ V y 0 0 0 0 0 0 0 0 0 c 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 Y O 00 c� �• op O Q 'Od' m In M m tl5 h N I1h�n Q (y 0 LZ V lCpnp I(pO lrM1n N M m0101mmmm min C' In c] M OI (`'1 CJ f7 m m m m Ln Cl) am m [��I m m w m t .w Q.' m 1n UI to N to 1n 1n Ln i0 in 1n U7 u1 1n u1 N v1 117 in 47 in In O LO O to to to LL In 1n 4i z ?a v v ° v It v ° vv ad v v d ° v v °a v °v vv v v °c i Gk a U N c a v °t Ca Lp C N N a c f C d U 71 O N OI d ld C 0 w Q PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Non -Ad Valorem Special Assessments Collier County Tax Collector -Monthly Collection Report For the Fiscal Year ending September 2012 1611A3 `. % Collected 92.38% 92.38% 92.38% TOTAL OUTSTANDING $ 119,638 $ 33,169 $ 86,468 Year Parcel ID Description Amount Comments FY 2010 1058920500 POI Hotel 119,627 bankruptcy FY 2011 1058920500 POI Hotel 119,627 bankruptcy Total Delinquent Parcels 239,255 Report Date: 9/6/2012 12 ALLOCATION BY FUND Discount / Gross Date Net Amount (Penalties) Collection Amount General Water /Sewer Received Received Amount Costs Received Fund Fund Assessments Levied FY 2012 $ 1,570,427 $ 435,400 $ 1,135,027 Allocation % 100% 28% 72% 10/26/11 $ 8,861 $ 501 $ 181 $ 9,543 $ 2,646 $ 6,897 11/15/11 $ 142,077 $ 6,040 $ 2,900 $ 151,017 $ 41,869 $ 109,148 11/30/11 $ 487,695 $ 20,735 $ 9,953 $ 518,383 $ 143,721 $ 374,661 12/08/11 $ 306,388 $ 13,013 $ 6,253 $ 325,653 $ 90,287' -= $ 235,366' 12/22/11 $ 36,014 $ 1,263 $ 735 $ 38,012 $ 10,539 $ 27,473 01/25/12 $ 57,463 $ 1,622 $ 1,173 $ 60,258 $ 16,707 !$ 43,552 02/28/12 $ 31,900 $ 585 $ 651 $ 33,136 $ 9,187 $ 23,949 03/29/12 63,314 $ 79 $ 1,292 64,685 17,934 46,751 04/27/12 $ 140,164 $ (206) $ 2,860 142,818 39,596 103,222 05/21/12 $ 10,233 $ (304) $ 209 10,138 2,811 7,327 06/14/12 $ 96,092 $ (2,856) $ 1,961 $ 95,197 $ 26,393 $ 68,804 07/05/12 $ 1,967 $ (58) $ 40 $ 1,949 $ 540' $ 1,408 == 08/14/12 $ 4 $ (4) $ 0 $ - $ - $ TOTAL $ 1,382,172 $ 40,410 $ 28,208 $ 1,450,789 $ 402,231 $ 1,048,SS9 % Collected 92.38% 92.38% 92.38% TOTAL OUTSTANDING $ 119,638 $ 33,169 $ 86,468 Year Parcel ID Description Amount Comments FY 2010 1058920500 POI Hotel 119,627 bankruptcy FY 2011 1058920500 POI Hotel 119,627 bankruptcy Total Delinquent Parcels 239,255 Report Date: 9/6/2012 12 Port of the Islands Community Improvement District Series 2010 Special Assessment Revenue Bond 1. Recap of Capital Project Fund Activity Through August 31, 2012 Bond Issued (Construction Account) Source of Funds: Interest Earned Use of Funds: COI COI (costs transferred to checking account but not yet paid) Disbursements Water Treatment Plant Adjusted Balance In Construction Account August 31, 2012 2. Funds Available For Construction at August 31, 2012 Book Balance of Construction Account at August 31, 2012 Construction Funds available at August 31, 2012 3. Investments - BB &T at August 31, 2012 Estimated Type Yield Construction Fund: 0.120/6 ADJ: Outstanding Amounts Due Balance at August 31, 2012 ($42,700.00) ($5,000.00) ($4,652,143.08) $808,048.95 $808,048.95 1611 $5,500,000.00 $7,892.03 ($4,699,84108) $8081048.95 Princioal $808,048.95 $0.00 $808,048.95 13 �y 1611 A3 Port of the Islands Community Improvement District Construction Schedule AMOUNT OF I CAPITAL Water Treatment REQ. # Date CONTRACTOR REQUISITION' OUTLAY COI Plant COI 1020110 GreenbergTraurig $10,000.00 $10,000.00 COI 1020110 88 &T $21700.00 $2,700.00 COI 10/20110 Severn Trani Management Svcs $151000.00 $15,000.00 COI 11/02/10 Dan Cox $15,000,00 $15,000.00 1 11/09/10 Port of the Islands CID (raimb) $ 321 ,5.97.00 $321,537.00 $321,537.00 2 11/18/10 South Florida Excavation $26,503.75 $26,503.75 $26,503.75 3 11/24/10 Naplas Daily News $151.02 $151.02 $151.02 4 01104/11 Century Unk $26,310.88 $26,310.88 $26,310.88 5 12/16/10 South Florida Excavation $18,008.90 $18,006.90 $16,006.90 6 02101/1 i Hole Monies $21561.25 $2,561.25 $2,561.25 7 02Po1 /1 i Hole Monies $16,200.00 $16,200.00 $16,200.00 8 02/01/11 Hole Monies $13,206.91 $13,206.91 $13,206.91 9 02110/11 Benchmark EnviroAnalyticai, Inc. $1,019.00 $1,019,00 $1,019.00 10 02/17/11 Hole Monies $1,982.50 $1,982.50 $1,982,50 11 03/07111 Hole Monies $6,250.00 $6,250.00 $6,250,00 12 03/16/11 South Florida Excavation $12,762.00 $12,762017 $12,762.00 13 03/29/11 Cardinal Contractors $27,000,00 $27,000,00 $27,000.00 14 04/06/11 Hole Monies $13,850.00 $13,850.00 $13,850,00 15 05/05/11 South Florida Excavation $18,567.25 $16,587.25 $18,587.25 16 05/16/11 Cardinal Contractors $95,028.60 $95,028.60 $951028:60 17 05/19/11 Hole Monies $39,565.00 $39565.00 $39,565.:00 18 06/14111 KW Controls $1,038.60 $1,036.60 $1,038,60 19 06!14111 Cardinal Contractors $196,572.08 $196,57208 $196,572.08 20 07/06/11 Hale Monies $19,575.00 $19,575.00 $19,575.00 21 07,22111 Cardinal Contractors $170,19215 $170,192.15 $170,192.15 22 0727111 Hole Monies $22,325.00 $22,325.00 $22,325.00 23 06/19/11 Cardinal Contractors $156,352.50 $156,352.50 $156,352.50 24 0813011 t Hole Monies $19,700.00 $19,700.00 $19,700.00 25 09/16/t1 South Florida Excavation $6,971,40 $6,971.40 $6,971.40 26 09116111 1 South Florida Excavation $4,601.85 $4,601.85 $4,601,85 27 09116/tt Cardinal Contractors $278,892.77 $278,692.77 $278,892.77 28 09/27/11 Michael Evans Computers $3,255.00 $3,255.00 $3,255.00 29 10117/11 Cardinal Contractors $85,416.29 $85,416.29 $85,416,29 30 11/03111 Hole Monies $832.50 $832.50 $832,50 31 1 V03111 Hole Montes $43,975.00 $43,975.00 $43,975.00 33 1123111 KW Controls $24,337.00 $24,337.00 $24,337.00 I u43 F ? 20 t 9 $1 7tT 2b120 X1674 S6i 20 $42 001,711 $t 67a 36120 32 11/14/11 Cardinal Contractors $266,314.14 $266,314,.14 $266,314.14 34 12/15/11 South Florida Excavation $4,601.85 $4,601.85 $4,601.85 35 12/15/11 BCI Technologies $7,121.33 $7,121.33 $7,121.;33 36 12115/11 ITT Water Equipment Tech $586,766.70 $566,766.70 $588,76670 37 12,'16111 Cardinal Contractors $647,523.09 $647,523.09 $647,523.09 38 12130/11 Hole Monies $43,672.50 $43,872.50 $43,672.50 39 01/24/12 Hole Montes $25,609,59 $25,609..59 $25,609.59 40 01124/12 Cardinal Contractors $174,822,68 $174,822.66 $174,822,68 41 01130/12 KWContros $73,011 AO $73,011.00 $73,011.00 42 02/24/12 Cardinal Contractors $240,416.36 $240,416.36 $240,416,36 43 03/15112 Cardinal Contractors $246,740.07 $246,740.07 $246,740.07 44 04105;12 Hole Montes $48,232..19 $46232.19 $48,232.19 45 0423112 Cardinal Contractors $89,577.03 $89,577.03 $89,577,03 46 05/09/12 ITT Water Equipment Tech $30,577.50 $30,577,50 $30,577.50 47 05116112 Cardinal Contractors $62,629.20 $62,629,220 $62,629.20 48 05/17/12 KW Controls $12,166..50 $12,168.50 $12,168.50 49 06/12112 Hole Montes $65,276.60 $65,276.80 $65,276.80 50 06/12/12 Severn Trent Environmental Svcs $9,027.29 $9,027,229 $9,027,29 51 06112/12 SCI Technologies $20,000.00 $20,000,00 $20,000.00 52 06113;12 Cardinal Contractors $207,111,76 $207,111.76 $207,111.76 53 C6/29/12 Solo's Lawn Service, Inc, $19,680.00 $19,680.00 $19,680,00 54 07/18112 Cardinal Contractors $13,632,50 $13,632.50 $13,632,50 55 0725/12 W.E.. Johnson Equipment $33,088.00 $33,088.00 $33,088.00 56 06/03/12 Hole Monies $49,981.80 $49,981.80 $49,981.80 TOW FY 2092 29775$1:88 $29 "r 7,581 -.88 $A00 x$2377561:88. .., Grand Total.. $4 6941343.08 $4 652143.08 $42'00 00' $4 S52 i 43 C8 1 14 F- CC N_ ° r Z° W m O� a in w �E� 00 Z O 2 U Ea E va 0 0� a E W= 2 � ~U LL O H 2 n 1611 A3 A :f a C - s cz .if. ui w Y LL N I+TE:v/Y 0 vv N YAIA�M y � f ... K W iIs _ a a a.F, vrw LL E E - N w; xv m 5 s' v a 3 - a` 76 3 i 6 1611 A3 A is O CL E CL a 29 ui vs D til is LV cv; s. O Fe a! tv 9 I FL R 1611A3 .0 r" R 9A Ct - - - - - o IRN — - - - - - - 94 4; E 'E E '5 E 5 E E E E N 01 22 f: E t FL 1LI1 _E.; v, 2_2 4; Ligli 29 ui vs D til is LV cv; s. O Fe a! tv 9 I FL R 1611A3 .0 1611 A3 0 0 0 n S o o 4A ct 000 a; Z; It "k ll� cc I a N 29 M A n o I o W4 ol 1-4 A W 4— 0 & jL cL aft Y L Yi E r E ty -2 E fti 0 i o If Will o? �waarr P 21 ry AID fill us 22 22 am! O Rival M BUR! lull, 11111 PlM 1111paamijallaag 1111jazamijapp 15111 alusliallyz jyjaxamiggly; 1111jeaunglally 111113212amelial 11111aallimpagg 1611 A3p1 1211111RI 14111123 12111112, p1mal 121111INU 1111111aa 1311111al 191111122 1211111su 121111111 2 a as tR Klai 1111111211 us HIM 11 11111111, HSU kin", 111111 -WHIM H 11 161 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT PROJECTIONS GENERAL FUND Adopted Proposed Proposed Proposed Proposed FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Operatina Revenues Assessments $417,984 $417,984 $417,984 $417,984 $417,984 Interest/Miscellaneous $2,177 $12,941 $13,703 $14,367 $14,927 Total Operating Revenues $420,161 $430,925 $431,687 $432,351 $432,911" Operatina Expenditures Administrative $120,826 $124,451 $128,184 $132,030 $135,991 Maintenance $223,540 $230,246 $237,154 $244,268 $251,596 Total Operating Expenditures $344,366 $354,697 $365,338 $376,298 $387,587 Capital Expenditures CIP Projects $70,894 u} Total Capital Expenditures $70,894 $0 $0 $0 $0 Cash Balance $1;294,082 $1,370.310 $1,436,659 $1.492,71 WATER AND SEWER ENTERPRISE FUND 19 Adopted Proposed Proposed Proposed Proposed FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Operating Revenues Assessments $1,089,624 $1,089,624 $1,089,624 $1,089,624 $1,089,624 Water /Sewer /Irrigation Revenue $208,000 $208,000 $208,000 $208,000 $208,000 Interest/Miscellaneous $2,838 $2,838 $2,838 $2,838 $2,838 Total Operating Revenues $1,300,462 $1,300,462 $1,300,462 $1,300,462 $1,300,462 _O_aeratina Expenditures Administrative $141,498 $141,498 $141,498 $141,498 $141,498 Maintenance $430,411 $443,323 $456,623 $470,322 $470,322 Total Operating Expenditures $571,909 $564,821 $598,121 $611,820 $611,820 Capital Expenditures CIP Projects $50,000 $54,796 $54,796 $64,796 $64,796 Total Capital Expenditures $50,000 $54,796 $54,796 " $64,796 $64,796 Debt Service Principal and Interest $655,360 $655,360 $655,360 $655,360 $655,360 Total Debt Service $655,360 $655,360 $655,360 $655,360 $655,360 Estimated Beginning Cash Balance $158,073 $163,558 $155.743 $124.230 19 i 1 4 In ON r m r w H r- 0 i W H� Y � i t w •• I , q F a H I 1 i P4 a i = o _1 m U w r 0 0 0 M 7 '•� i H 3 r.a 1 H I w IUD P W , w C I i 1 3 t � r J � I a ! 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Date Vendor Description Invoice# Invoice$ Month Total Grand Total 12 -13 (03) July (2) 3520 Sludge 30 N O N .R CL W +p a � W WS O > O C � O � � y d C a t� °y 0 VJ 7 ttl f°,1 C W d E � O r$a °2C Pt CDCOWWWWO c W OC O N S ilf u'f p� LO co tn nti�pp to f7 st M N M M N N ^ • to �n N N I r C N C VIII � E B v V I 1c, .cameI N n ,T ' 1611'A3;;+ m E m U N ai N T 7 r k E � , � k § k % $ Bt � I §� § to CoK � O .o ��,cMk� EE 8 2 rL � c 7� 0 ■� 2EK co w_ � 2 $ @ _ LO r\ n §.\ \ � \ } wk . 3 �\ � 2.k > °Q k � £ § 16 1 1A3 m § 2 G a & � § n ■ / V) 2 Port of the Islands 1611 August 2012 Field Managers Report Water Treatment Plant Operations and Maintenance The Water Treatment Plant produced and distributed 2.220 MG for the month of August, which is an average of 0.072 MGD. Wastewater Plant Operations and Maintenance The WWTP treated approximately 1,519 MG for the month of August, which is an average of 0.049 MGD Reuse System Operations and Maintenance The reuse system delivered 5.777 MG for the month of August, which is an average of 0.186 MGD. Permit Compliance: Water Treatment Plant: All permit requirements met Wastewater Treatment Plant All permit requirements met CONSTRUCTION UPDATE: Our New Gates Were Aligned, Gate Operators & Controllers Were Installed! Severn Trent Services - 12600 Union Road Naples, Florida 34114 - Tel 239 - 642 -9219 Fax 239 - 642 -9469 • www.severntrentservices.com 3' Of 161 1 SEVERN Port of the Islands August 2012 Field Managers Report CONSTRUCTION UPDATE; Parking Stalls Were Striped & Handicap Sign Painted! Paint Preparation Beginning Of WWTP Structures! Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 Fax 239 - 642 -9469 - www.severntrentservices.com 1611 A3 Port of the Islands August 2012 Field Managers Report Water Loss Reports Potable Water Report Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 3 Fax 239. 642 -9469 1 WWW.severntrentservices.com 5• Irrigation Water Report 4,5 .....::......_.. __,_, _.................. ............................... _....._ _ ........— ............. . ,_ _ $ .... 8.0 C�7 3 2.5 ...2 2 S33i 4i£i5 2 :147 2 YSS 2 224 .. 6,Sx1— _.w °_,_ 2 - _. .,...._ 1..622_ &23.. 4 t)g2 - ,.. _.._7 » _. , ;` X22_.,, �.°...... _},�'xs'�- ..__- 'f- CSt}- -- • -• -., 6.0 7.019 6,95 0,5 ---- -to5i " 73% 13i Y3°7a ?HTM 1 i 7. Aup -11 Sep-1i Ocl -ti Nov -11 Dec11 Jah -12 Feb -12 Mer -12 Apr -12 May -12 Jun -12 Jul-12� Water Protlueed - - -ureter Bllled •-.- Water Lass Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 3 Fax 239. 642 -9469 1 WWW.severntrentservices.com Irrigation Water Report 9.0 8,218 8.128 .. 8.0 7.0 6,Sx1— _.w °_,_ 6.991 6.0 7.019 6,95 6.299 6,129 6.009 0m r 4.0 - 93 4,737 �._. 0 3,0 2,0 1.0 14% 13% 9% 10% 18% 9% 5% 10% 6% 9% 0.0 °. ., .... 9% 3% Aug -11 Sep•11 Oct -11 Nov -11 Dec -11 Jan -12 Feb-12 War -12 Apr -12 May-12 Jun -12 J412 ! - a- Irngaton Mater - s- Impatan 6 gad -t- y, Water Lost Severn Trent Services • 12600 Union Road Naples, Florida 34114 • Tel 239 -642 -9219 3 Fax 239. 642 -9469 1 WWW.severntrentservices.com 1611 A3 Port of the Islands August 2412 Field Managers Report Computerized Maintenance Management System OMMS Update: Open & Closed Work Order Report For August 2012 OPM Aod Closed Work Orders eY Dab WMh WO Notes 0111010012 To O0A112012 Dais Doe Date CanPkte W00 Task T! rep Wined b Hogs LAW Cost inwCod Cost Total Coat 81012012 8160012 643 RD ORP • ORP W* 4y CaN *m p 11)0 IMOD ROO ROD 10A0 Notes: 112012 0112212 644 RO ORP -ORP W*WyCaba6mi P OAO KDO aim TOAD 1DA0 Notes: 5100ot2 WVID12 6M6 ROORP•ORP WwWyCalbra m P DAD moo 1O.D1) ROD MAD NO!": 8t20120iY 81200412 bld R'DORP -ORP WeekyCaib *n P CA 10A1) ;D.0o i0.(o 10A0 Notes: 8+80012 8=12 1 R101-1 -Rob W*Ny Sk*w p 110D 10.00 10 1) 10D $02 uesh Urd Maiirkname Notes: &1=2 V13012 2 RM -1- Rob Windy 9traier P too 1100 10.01) R(D 10A0 Mesh Lint wmenana Notes` 112 N=12 3 RM- 1•Rota WwWySh*w P am $M IDA RM lox Mesh Unk MaineWw Ades: OW12012 t2 4 RM -1- Roia Wleeldy Seaiw P tD0 100 10-00 $0.00 1DA0 Mesh link M*rierr " Nobw 81801)12 81001)17 63 RM -t -R* Wo"RobMesh P 100 ADD son 110.00 302 " Unk Mairbname Ills: 8+812012 918►,1012 163 WMW - Process Twd Yee Process P am am ma RM 1DAD Car" 8bwera#2 rawer Mabknarws WOTypsGCcmdWeRlr v S- Skipped 01)104I201207.44AM Pe11e1of 4 Severn Trent Services - 12600 Union Road Naples, Florida 34114 - Tel 239 -642 -9219 4 Fax 239 - 642 -9469 - www.sevemtrantservices.com Port of the Islands lop August 2012 Field Managers Report I� 1 1611A3 Dais Due Date CWWe WOW E4r Task 00 As ww b Hare Cast Cw Cast Hates: _"_'" Tow Cos! , M112 818/11112 108 ROORP • ORP We#Uy Ca hft P am 111.00 f0 0 Roo 11100 Nates: NIMU12 W1315p12 109 ROORP•ORP WeeNyUbgw P on 10.00 10.00 lam 102 $61. 82G2012 V=112 200 ROORP -ORP WooCabg4m P 0.00 1900 NA $100 Ion Notes: 8272012 820f2U12 201 ROORP -ORP W 4Cab9m P am Roo 10.90 Roo lox Not". 8f811U12 81d+7U12 260 pyapH WwVy Ubraeon P Roo 83A0 M00 $100 102 NOW. 8!132012 8/1312012 251 �y� WONy Catb gm P am 10.00 10.00 10.00 10.00 Nates: 846'1012 8202012 252 PyrpH WeeNy CArAwi P 900 VA KW lam am Notes: 827312 =12 263 Mw wowyub-dim P 900 Roo 1900 NO 19110 Notes: SM12 88111012 900 HWA -NN At Aff W*WyCatbrAm P 900 11100 11100 ;DAD V11 Notes: N13012 M3012 303 �� WeeNy CArallim P 900 $0.00 am am 102 NOW 8202012 826'2012 304 NTUA , NTU W41y Dbafim P 1100 Roo 10.97 Ar�ym Xm 0000 ' WO TYPes "W OWN F-ftwUW SSkppe4 001042012 08:17 AM Page 2 at A Severn Trent Services • 12600 Union Road Naples, Florida 34114 - Tel 239 -642 -9219 Fax 239- 642 -9469 • www.severntrentservices.com 5 1611 A3 m Port of the Islands 11mm August 2012 Field Managers Report Date LMue oa8e Complete yY1>lt E4u rw�k Task TyW' Assklmll b "an Labor cod Cast cast Notes rota Cost 8+'1711012 IM012 306 WA-M wowyCatl6ration P OOIt 3000 300D #000 3om Norm M12 81611012 0W Wwwycall aim p 0,00 30,00 30.OD 3000 $Dm Nafes: 811202 811;02012 800 NWA • 11W Weepy Caibra0an p CLOD 3000 3x00 Anafy:�er 3000 30m N*§.- 811Of2012 8IVA12 001 NTUA -NTU Anaiy4er Wa*WyCaibal" P 000 $0.00 $000 3000 1000 Notes: 815/1012 8I6tD012 066 W"mycaiballoa P 0100 30.00 30OD 10.00 30m Notes: 811212012 8111?t2012 050 W «Ny CIA06M P 0.00 10.00 30 fl0 MW 30AD N*V 8nO11012 VIOM12 067 wwwyCftgon P 1100 $0.00 30.0D 30.0] $0.00 Notts: 8x1011012 N►2412012 068 Weeny Calb *n P 0.00 30.00 $0.O $0.00 30J00 Nntex BMI[2 Bx=112 002 NTUA -MU We&*Cari *fl P' 0.00 MOD 3000 MnlYaer #000 �m Nobs: 810x1012 81N2012 380 EAVjdm p 0.00 30.00 30A0 30011 30m ' WO TYPes GCon'e*N PPmwt*n S- Skipped O M2012 87:44 AM PeOe 3 d 4 Severn Trent Services - 12600 Union Road Naples, Florida 34114 - Tel 239 -642 -9219 Fax 239 -642 -94691 www.sevomtrentservices.com 6 1611 A3 Port of the Islands August 2012 Field Managers Report ULM ff , IN pate Lft Due pale COnO+kb Welt y T Tye AssIpnod b am Cast Cos! TOW Cost Hops: ----• 9=112 8124012 711 AM-11-Rob Comore C 100 40A0 i0A0 iOOD >a o0 Mob Will; Hale: L 00nrevn4 spr4rtrva Wndw, 3Z. F�aBpneddnmsar t starlsd t� � screen and manirroper*ft & Rabme�t 6 woft pop*. fmmly ToWio(WO% 92 TobllaWCost $OA ToW Hours 0A0 TOW Inventory cost $CAO TOW an Cad $OAO Tod Cost $0.00 ' WO Types Umwthw P-Prwvenl M SSkpped 0aW012 07:44 Ali Severn Trent Services - 12600 Union Road Naples, Florida 34114 - Tel 239 - 642 -9219 Fax 239 -642 -9469 - www.severntrentservices.00m Pap4 d 4 7 r vt'�ro�C�J . R.O. WATER TREATMENT PLANT ENGINEERS PLANNERS SURVFYCflS PORT OF THE ISLANDS, FLORIDA PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT MONTHLY PROGRESS REPORT September 21, 2012 A. Project Schedule — Overview • Construction Schedule: Project completion date has passed, no further schedule updates anticipated. • Primary Activities Last Month _=_ Cardinal: Final paving, painting, and curbing completed in the parking lot. Automatic gate operators were installed. New roof for old Lime building skylight was installed. • Primary Activities Last Month -- ITT: ITT personnel' were onsite the week of August 20n. to clean skid 1. ITT personnel were scheduled to be onsite September 20th to reclean skid #1 and install the new chemical flow- meters. • Functional Completion: Substantial completion occurred on May 11, 2012. An additional time extension will be necessary due to ITT material delivery. Final completion is anticipated by the end of September. • Anticipated Facility StartuD: FDEP certification was received on June 5, 2012. Water has been created and distributed to the community since June 6, 2012. • Anticipated Demolition of the "old" Water Treatment Plant: Demolition and renovation of site and building have been COMPLETED. B. Field Progress • Procurement: Materials procurement (shop drawing submission, approvals, and manufacturing lead time) is COMPLETE with 162 technical submittals received from the contractor. • Field Activities: Preliminary Acceptance punch list was submitted to Cardinal Contractors. The Items on this list have been COMPLETED. A Final Inspection of the facility is anticipated shortly as well as a final C.O. from Collier County. • ITT: ITT has been provided a series of informal (e -mail) lists of uncompleted items and items requiring correction. The few remaining items will be transferred to a warranty list on September 21, 2012. • Safety Record: No safety incidents to report. • Stormwater Pond: Retention area COMPLETE. C. Project Costs • Construction Contract: Eighteen payments (Total of $3,205,910.92) [93.8 %] have been made to date on contract amount of $3,417,563. • ITT Contract: Two payments (Total of $617,344.20) have been made to date on contract amount of $780,225. • Other Contracts: Seven payments (Total of $156,436.83) [50 %] have been made to date on contract amounts of $315,388.40. HA201112011003 \EMC Correspondence%C1 Client CorrespondenceV0120921- September Monthly Progress Report BOS.doc 1611 A3 Severn Trent Services 0.00 Evans Computers 3,255.00 BCI 27,121.33 KW Controls 109,516.50 TOTAL $139,892.83 W.E. Johnson (forklift) $33,088.00 • Project Allowances — Cardinal Contractors Allowance — Owner Directed Work Contract Amount $300,000.00 Total to Date ($259.297.15) Balance $ 40,702.85 Allowance — Building Permit Contract Amount $25,000.00 Total to Date ($16,607.92) Balance $ 8,392.92 Total Balance Available $49,094.93 HA2011120110031EMC CorrespondencelCI Client Correspondence%20120921- September Monthly Progress Report BOS.doc QUARRY COMMUNITY DEVELOPMENT DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630 -4922 Fax: (561) 630-4923 September 28, 2012 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Clerk of the Circuit Court Dwight E. Brock Collier County Courthouse 3301 E. Tamiami Trail, Building L, 6a' Floor Naples, Florida 34112 Re: Quarry Community Development District To Whom It May Concern: c� 1 i 16 .� A4 A a PT 9 X13 BY: ........................ n 0 r N r n r*t A r1l C'3 CD -i � r CD cn tn o p A Pursuant to Florida law, enclosed please find the Fiscal Year 2012 -2013 (October 1, 2012 - September 30, 2013) Regular Meeting Schedule for the Quan y Community Development District, as published in the Naples Daily News on September 24, 2012. If you have any questions and/or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. Arch Enclosure Fiala Hiller v _ Henning Coyle ✓ Coletta- Ge ksk item #:% \ B -4 raise to: 1611 A4 QUARRY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2012 /2013 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Quarry Community Development District will hold Regular Meetings at 12:00 p.m. (noon) in the Town Center at the Golf Lodge at The Quarry located at 8950 Weathered Stone Drive, Naples, Florida 34120, on the following dates: October 12, 2012 November 9, 2012 December 14, 2012 January 11, 2013 February 8, 2013 March 8, 2013 April 12, 2013 May 10, 2013 June 14, 2013 July 12, 2013 August 9, 2013 September 13, 2013 The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained by contacting the District Manager at (561) 630 -4922 and/or toll free at 1- 877 - 737 -4922 five (5) days prior to the date of the particular meeting. From time to time one or more Supervisors will participate by telephone; therefore, a speaker telephone will be present at the location of these meetings so that Supervisors can attend the meetings and be fully informed of the discussions taking place either in person or by telephone. Meetings may be continued to a date, time, and place certain to be specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) 630 -4922 and/or toll free at 1- 877 - 737 -4922 at least seven (7) days prior to the date of the particular meeting. QUARRY COMMUNITY DEVELOPMENT DISTRICT PUBLISH: NAPLES DAILY NEWS 09/24/12 MEN, R v Krw�ty, BY . ................. —.��s 10 -31 -2012 • ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ' —'M4 • • I ♦ . i G aUevv Gate-RrelCavWraLandRescu&DCs&r ct • The-,Dw4tKct'kFY12 113 PubUcMe -r&+ -Scheda& • Thy (�oide n. Gate, Ri Cantro-L "Ld, Rwue, D strwct'a- D wstrwct Map • The-, DiOrwct's -12/13 R+ aVBudgetaYL&dec&watwaw of having, n& o-u 4tand,,v boi L • Zegi %tere&AgentDe44nat'w,vFarvw6ie Lwwtly the,DepartwwrXof Ecan.o-wu,ci oppo-rtu-v WY f Wc;(l the- Department of Ccou ui n; ty Affairs, Ave, Marwa.Steward sh%p Camvwu v ity District • Th&D&Orwct k FY12/13 Meet'�Schedr & Than lv yo-w. Anv Board, M w*v ek Er Re .,cw&k X-8406 Fiala )f Hiiler v Henning Coyle Cole;ta Misc. Corres: Date: k 1 g l 3 i : ►�.o�1+�i5�Co Copies to: 16 It, 1 A5 GGATE" GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 14575 Collier Boulevard • Naples, FL 34119 • (239) 348 -7540 • (239) 348 -7546 FAX httg:l /www.aafire.cuil? MEMORANDUM DATE: September 13, 2012 TO: Clerk of the Circuit Court 3301 Tamiami Trail East Building F, 4th Floor Naples, Florida 34112 The Golden Gate Fire Control & Rescue District Fire Commissioners have established the second Wednesday of every month at 5:30 PM for their regular meetings. This was approved during their regular meeting held on September 12, 2012. The following is a list of the regular fire commission meeting dates for fiscal year 2012/2013: October 10, 2012 November 14, 2012 December 12, 2012 January 9, 2013 February 13, 2013 March 13, 2013 April 10, 2013 May 8, 2013 June 12, 2013 July 10, 2013 August 14, 2013 September 11, 2013 All meetings will be held in the Fire Administration Building, located at 14575 Collier Boulevard, and will commence at 5:30 PM. Our Family Protecting Yours OCT Q 9 2E2 F'I NAN U �° iLl7 r h 18 m 34 26 1 13 V y y r N N ° 1 BEEN BLVD 1 Golden Gate Fire Control & Rescue District 16 15 1 1 14 1 13 24 1 19 HUN; 2 -. > 1 1 24 N N =1 20 2 21 22 2 23 4 4 3 24 19 20 21 22 c FIRE DISTRICT MAP LDEr 8 N PLES- MMOK LEE RD No changes have been made to the District's 1 9 — oQ _ 28 31 A 2 - 26 25 28 27 2 AV E 27 2 RADI 856 m R RD -40 A boundaries since filing map in Sept. 1997. 7 AL i T2 3 33 34 3 35 3 36 1 Z ° 33 34 4 84 3 2 36 i 6 6 5 D 4 1 3 2 c 34 3 NE as � � 7 > 28 9 9 I 10 1 11 1 12 7 7 8 9 42 MA V Ali ' E zz i \. 4 3 2 1 1 0 NE a 3 16 15 1 2 VNE v'�it~nw 16 15 3 3 UM 104 mn E m v - - - -1 C LL ER OU - TY 9 _ z z z z z �N —� 12 7 8 9 10 11 12 7 4 ^' 1 13 18 17 16 15 14 13 18 17 7 AV s V N 14 13 •99 4 MAN 16 15 1 3 AV IL 75 z .24 19 20 21 22 23 24 19 20 �z ' JF P N ° 24 9 7 V � 2-2 � AKA EF RD 2 a N ran tree i 30 > m 28 27 26 26MG I< N0029 4- A 2 E 22 NE 27 2 E 20 AV P25 87 951 Y 36 31 Y 33 34 35 36 3E 31 32 rdY.dltY ! _ I A NE 4 12 AV _ 8V ' 3 ?ACH RD 096 3 3 3 3 16 1 AV' 18N 1 7 V74 73NE Z NN N N 3 9: y 2 z' Z yI 3��'1 W ~�~ m W W rn WWyH�W ~� tq 1 ~I~ N N N �Wy,'fW y u 1 I I ~� 6 4 76 AV77 E 179NE 3 [ �° iLl7 r y h h 18 m 34 26 1 13 V y y 1_ =� N N N ° 1 BEEN BLVD 1 17 AV 16 15 1 1 14 1 13 24 1 19 HUN; 2 -. > 1 1 24 N N =1 20 2 21 22 2 23 4 4 _ CDR N NA o PKW � �. � � V. 1 19 LDEr 8 886 GATEwem 9027 2 29 AV V V 0 2 75— _Ma 9 9 — oQ _ _ _ 3 31 A 2 - - -- — 0 29 2 28 27 2 26 2 25 " 36 0 z 5 aL R RADI 856 m R RD -40 A 7 AL i T2 3 33 34 3 35 3 36 1 Z 1 J 6 6 1, 5 4 4 84 3 2 2 i i 6 6 5 D 4 1 3 2 2 as � � 7 > 28 9 9 I 10 1 11 1 12 7 7 8 9 9 10 1 11 zz i _ 1 1 0 41 1 18 v A 7 1 16 15 1 14 1 13 I 1 18 17 1 16 15 3 3 ;ON B BATT ESN 1 104 0 1• 5 1,4 2 2: 7 26 1 m, 1 0�1� 62 0 _ 16 � e 1 o 1 21 22 28 27 2 LL Am 33 34 12 = A4 bt 96 .. a/r 1611 A5 : J Golden Gate Fire Control & Rescue District 2012/2013 Revenue FINAL BUDGET �a Budget 1 5 Mil Budget 1.5 MiI REVENUE 2011 -2012 2012 -2013 �. .n AdValorem Taxes m „ ,n 6 842,291 6,904,497 Interest 10,000 10,800 Interest ax Collector 1 000 ` 200 i Cell Tower Lease Contracts 135,000 135,000 Miscellaneous (Flow Tests, Lock Bo etc. 5,335 5,335 ' .�m...o m ._. ...m ��,....��.. �..,..��.�. ... ._r. .w .. Donations 500 500 Ins ect�ion Fees j 42,500 42,500 Burn Permit Fees 600 0 Collier County Contract 76,000 ' 72,400 Fund 10/5/2012 11:09 AM Fee Revenue Fee Fund Balance �, 1U,3 /ly1�C APPROVED 9/26/12 [�7 RECEIVED OCT 0 9 2012 FINANCE A 2012/2013 BUDGET 1611, GOLDEN GATE FIRE CONTROL DISTRICT !10/1 /121 CODE DESCRIPTION GEN. FUND GEN. FUND IMPACT FEE 2011/12 2012/13 2012/13 1101 COMM. SALARY 18,000.00 18,000.00 7201 REGULAR SALARIES 3,698,454.00 3,620,100.00 PART TIME SALARIES 35,000.00 - - 15 F/F - Safer Grant - 504,000.00 1401 OVERTIME .3 HRS. 18,250.00 59,286.00 OVERTIME - EMERGENT 141,500.00 141,500.00 2101 REGULAR FICA 286,987.00 316,871.00 2102 OVERTIME FICA 12,221.00 15,361.00 2201 REG. .RETIREMENT 528,956.00 617,173.00 2202 OVERTIME RET. 22,525.00 29,918.00 2301 HEALTH INSURANCE 596,770.00 684,925.00 DENTAL INSURANCE 53,808.00 68,629.00 VISION INSURANCE 10,031.00 11,974.00 LIFE INSURANCE 3,842.00 4,654.00 FLEXIBLE SAVINGS (FSA) - - LTH IURANCE (FSA) 172,500.00 172,500.00 4 COMP 127,166 00 129,673 00 2501 3101 UNEMPLOYMENT m��'�',,., LEGAL FEES 48,000.00 y r 50,000.00 73,253 00 y z,. 751000.00 j3102 PHYSICIANS FEES 20,000.00 30,000.00 201 ANNUAL AUDIT 23,000.00 23,000.00 3402 OUTSIDE SERVICE 37,000.00 37,000.00 3403 IT COMPUTER SERVICE 30,000.00 30,000.00 3404 INTERNET & DSL SERVICE 8,000.00 8,000.00 3406 PROPERTY APPRAISER 63,967.00 61,545.00 3407 TAX COLLECTOR FEES 136,267.00 138,090.00 4001 TRAVEL 1,200.00 1,200.00 4 00 CELL PHONE 17,000.00 17,000.00 4101 BASE PHONE & T1 LINES 23,000.00 18,000.00 4102 TOLL CALLS 1,000.00 11000.00 4103 POSTAGE & FRGHT. —ELECTRICITY 3,500.00 3,500.00 4301 85,000.00 - 85,000.00 4302 TRASH PICKUP 6,300.00 6,300.00 4303 WATER & SEWER 20,000.00 20,000.00 4401 RENTALS & LEASES 4,000.00 4,000.00 4501 INSURANCE 93,000.00 93,000.00 4601 BUILDING R & M 90,000.00 90,000.00 4602 GROUNDS R & M 34,000.00 36,500.00 4603 VEHICLE R & M 147,000.00 147,000.00 4604 TOOLS & MACH. R &M 30,000.00 30,000.00 4605 COMMUNICATION R &M 18,000.00 18,000.00 4606 OFFICE EQUIP. R &M 7,000.00 7,000.00 4701 PRINTING 2,000.00 2,000.00 4801 PUB EDUCATION MATERIAL 3,500.00 3,500.00 4802 LOCK BOX & ADD. SIGNS 2,000.00 2,000.00 4901 LEGAL ADS 5,000 00 5,000.00 '', .3, A 10/5/2012 11:06 AM Page 1 1611 A5 2012/2013 BUDGET GOLDEN GATE FIRE CONTROL DISTRICT (10/1/12) FEE BUDG =ate FINAL BUDGET APPROVED 9126112 10/5/2012 11:20 AM Page 2 DESCRIPTION GEN. FUND GEN. FUND IMPACT FEE CODE 2011 /12 2012113 2012/13 4905 MINOR EQUIPMENT 12,000.00 12,000.00 5101 OFFICE SUPPLIES 5,200.00 5,200.00 5201 CLOTHING & UNIFORMS 58,250.00 130,550.00 5202 FOODS 2,000.00 2,000.00 5203 FUELS & LUBES 115,000.00 125,000.00 5204 CLEANING SUPPLIES 13,200.00 13,200.00 5205 OTHER SUPPLIES 6,000.00 6,000.00 5206 MEDICAL SUPPLIES 11,000.00 11,000.00 5207 SOFTWARE 15,000.00 15,000.00 5208 CERT MATERIAL 500.00 500.00 5209 FIRE FOAM 12,500.00 12,500.00 _ 5401 BOOKS,SUB.,PUB. 3,000.00 3,000.00 5402 DUES & MEMBERSHIPS 5,000.00 5,000.00 5403 6401 EDUCATIONAL EXPENSE tip COMMUNICATION EQUIP. 35,000.00 , 30,000.00 35,000.00 45,000.00 OWN A £.; 6402 OFFICE EQUIPMENT 25,000.00 25,000.00 6403 SHOP EQUIPMENT 6,000.00 6,000.00 6404 OTHER EQUIPMENT 46,000.00 50,000.00 6406 VEHICLE PURCHASE - - 6407 REFURBISH VEHICLES - - 6410 IMPACT FEE EQUIPMENT - - 6416 7103 IMPACT FEE VEHICLE STATION #70 - a; 4,199.00 - 4,199.00 7104 IMPACT FEE STATION #70 - - 12,596.00 7105 CONST. LOAN STA.72 & 73 - - 7106 ENGINE LEASE 110,500.00 115,575.00 7110 IMPACT FEE ENG. LEASE - 7201 INTEREST - GENERAL 268,901.00 150,000.00 y 9900 INTEREST - IMPACT FEE Y FISCAL YEAR STARTUP - � a 1 460,000 00 - ,�'. 1,478,000.00 117,404.00 FR i 12, 9901 CONTINGENCY 47,242.00 50,242.00 T 9902 LEAVE CREDIT RESERVE 150,000.00 150,000.00 _ 9903 CAPITAL ASSET RESERVE 50,000.00 50,000.00 _ 9905 5% RESERVE 340,700.00 345,225.00 9906 FLEET RESERVE 130,000.00 140,000.00 9907 GASB RESERVE 90,000.00 98,000.00 9908 CONST. LOAN RESERVE 325,260.00 334,596.00 9909 FRS RESERVES 110,000.00 110,000.00 9910 IMPACT FEES RESERVE ,i. ,,1ii/af /•, i G RAL F UND TQ* (OPERATING BUDGET) - .F,§ „ • ;: „ -,) 10,222,196.00 - L.� PA ©Y - ....:i9?,�A #. ,Y•a a :: .)s '"'ls'. FEE BUDG =ate FINAL BUDGET APPROVED 9126112 10/5/2012 11:20 AM Page 2 1611 py k'4 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 14575 Collier Boulevard • Naples, FL 34119 • (239) 348 -7540 • (239) 348 -7546 FAX http://www.qqfire.com September 30, 2012 Clerk of the Circuit Court 3301 Tamiami Trail East Building F, 4th Floor Naples, Florida 34112 Dear Sir/Madam: As of September 30, 2012, the Golden Gate Fire Control & Rescue District does not have any outstanding bonds. Sincerely, Robert D. Metzger , Fire Chief RDM /pm Our Family Protecting Yours RECEIVED OCT 0 9 2012 FINAN t. 16 4 A5 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 14575 Collier Boulevard - Naples, FL 34119 - (239) 348 -7540 - (239) 348 -7546 FAX httl2://www.gcifire.com September 30, 2012 Clerk of the Circuit Court 3301 Tamiami Trail East Building F, 4t' Floor Naples, Florida 34112 This is to advise that Robert D. Metzger is still the Registered Agent for the Golden Gate Fire District and has been since 2/25/08. A copy of the "Designation of Registered Agent" form filed with the Department of Community Affairs is attached. RE` %E; VE Our Family Protecting Yours 4 ,9WLD � ft -7d I (kg �RESCV�� February 22, 2008 16 11 A5 14 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT Florida Department of Community Affairs ATTN: Jack Gaskins, Jr. 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Gaskins: Subject: New Registered Agent 14575 COLLIER BLVD. - NAPLES, FLORIDA 34119 (239) 348 -7540 - FAX (239) 348 -7546 Please be advised that the current registered agent for the Golden Gate Fire Control & Rescue District is retiring and the Board of Fire Commissioners have appointed a new Registered Agent for the fire district. This appointment was made during the regular Commission Meeting held on February 13, 2008. EFFECTIVE DATE: February 25, 2008 NAME: Robert D. Metzger ADDRESS: 14575 Collier Blvd. Naples, FL 34119 PHONE: 239 - 348 -7540 FAX: 239 - 348 -7546 Email: BobMetz er(2a.ggfire.com Please advise if there is anything else required. Sincerely, - c�Xlli.c,�.�,✓ 1 � v Patricia Meulenberg Executive Assistant 1611 A5 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Invoice No.: 25530 Date Invoiced: 10/2712011 FY 201112012 SPECIAL DISTRICT FEE INVOICE AND UPDATE FORM DEO use only: Post to: Special District Information Program Instructions: In accordance with Sections 189.412 and 189.427, F.S., and Chapter 9B-50, F.A.C., please remit the fee due payable to the Department of Economic Opportunity OR complete the Zero Annual Fee Certification Section, as appropriate. In addition, review the information below about the district and update as necessary. Provide backup documentation if the districts name or status has changed. By the postmarked due date, mail the payment and this signed form to the Department of Economic Opportunity, Office of Financial Mgmt., 107 E. Madison Street, MSC 120, Tallahassee, Florida 32399 -4124. Direct questions to (850) 717 -8430. ANNUAL FEE: $175.00 LATE FEE: $0.00 1 RECEIVED: $0.00 1 FEE DUE, POSTMARKED BY 1212812011: $175.00 Districrs Name, Registered Agent & Office': Golden Gate Fire Control and Rescue District Mr. Robert D. Metzger 14575 Collier Blvd. Naples, FI 34119 Telephone: (239) 348 -7540 Fax: (239) 348 -7546 Status': Independent Creation Document: On File Map: On File Last Update: 11/09/2010 Webeite: www.ggfire.com E -mail: ------------------------------------------------------------------------------------------------ bobmetz"ggfire.cem County(ies): Collier Local Governing Authority': Collier County Function(s)': Fire Control and Rescue Date Established: 01/08/1983 Creation Documents': Chapter 2000 -392, Laws of Florida Statutory Authority': Chapter 191, Florida Statutes Board Selection': Elected Authority to Issue Bonds': Yes Revenue Source: Ad Valorem 'Explanations Registered Agent: The person designated by the special district to accept due process on behalf of the special district Status: Independent or Dependent - see Section 189.403, F.S. Local Governing Authority: The governing body of a unit of local general- purpose government Functions: The function/purpose of the special district Creation Documents: Ordinance, Resolution, Statute, Special Act, Court Decree, Interiocai Agreement, etc. Statutory Authority: The Florida Statute governing the function of the special district Board Selection: Appointed, Appointed/Elected, Elected, Governor Appoints, Local Governing Authority Appoints, Same as Local Governing Authority, Similar to Local Governing Authority, Other Authority to Issue Bonds: Yes or No Revenue Sources: Ad Valorem, Agreement, Assessments, Bondissuer Fees, Co., Donations, Fed, Fees, Other, Investments, Grants, Municipality, Non-Ad Valorem, Priv. Enterprise, Sales Surtax, Sales/Leases, State, TIF, Tolls, None CERTIFICATION: 1, the undersigned ' regr tered agent, do hereby certify that the information above is accurate and complete as of this date. It does or does noL X need to be changed. Registered Agent's Signature: j/ {,, �,�U�y Date: it 1114hi, ZERO A FEE CERTIFICATION SECTION - If eligible, the special district may request a zero annual fee instead of k payment by ha registered agent certify to the following: 1. This special district r a component unit of a general purpose local government as defined in th emmental Accounting Standards Board's Stateme o. 14, issued in June 1991 effective after December 15, 199 amended. 2. This special district is in complia with the reporting requirements of the Depart Financial Services. 3. This special district reported $3,000. ss in annual revenues to the De nt of Financial Services on its Annual Financial Report for Fiscal Year 2009/2010 (special dis ' ated after that year must attach a current income statement verifying $3,000.00 or less in revenues for the current fiscal 4. This certification will be returned to the Department at th above may by 12/28/2011 and, 5. This special district understands that if the De determines f these items to be inaccurate, this special district must pay the appropriate fee when invoiced. Th artment will verify these ements within 30 days of receiving this forth. I, the undersigned registered agent, d Me, certify that to the best of my kno herein and on any attachments h are true, correct, complete, and made in information I give may be Inv ated and by with the Department of Finai SIGN ONLY IF ELI E FOR AND REQUESTING A ZERO ANNUAL FEE: Registered ent's Signature: Use Only: -Verified and Approved -Denied- Reason(s): ?e d belief, ALL of the above statements contained faith f this date. I understand that any Services aftke Auditor General. Date: 161,1 ptsc�t�nm� A6 h }f L Kri�t'v, BY.-. ...................... 10-31 -2012 (5cide vv Oat& dire. CovMroll a* d, R 4c"e, Di4tycct • Th&DCS&cct'kFY12 113 Pub ciMeet'vnqSchedcj& • Theme q& en,(�ate/ Map • T%&DC0Kct`k12 113 RnaZBudgetan&decicwatwvv ofhavcvu, no- Outsta wUng, bond k • R eq,4te e,& Agent Forwv faecL wat v the' Departme n t o f Econ&wacr opp&Ku*jjty f/kfla. the' Departww*'t Of C&m rnwh icy A f fa.i rk Ave, Maria.Stewa*,4 p C&mmwtay DWr%ct • TheiDiatKct k FY12/13 Mee mg Schedv� Thaw. you A wvv BO-ardlM ecordk X -8406 Fiala _ Hiller �- Henning Coyle Coletta Mist. Cares: Deis: % 1 g t I 3 item t 1 Low 119 �► C� Copies to: 1611 p6 AVE MARIA STEWARDSHIP COMMUNITY DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630 -4922 Fax: (561) 630 -4923 September 28, 2012 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Clerk of Circuit Court Dwight E. Brock Collier County Courthouse 3301 E. Tamiami Trail, Building "L ", 6th Floor Naples, FL 34112 Re: Ave Maria Stewardship Community District To Whom It May Concern: Pursuant to Florida law, enclosed please find the Fiscal Year 2012 -2013 (October 1, 2012 — September 30, 2013) Regular Meeting Schedule for the Ave Maria Stewardship Community District as published in the Naples Daily News on September 19, 2012. If you have any questions and/or comments, please do not hesitate to contact us. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. Ar r Enclosure 1611 A6 AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2012 /2013 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Ave Maria Stewardship Community District will hold Regular Meetings in the Ave Maria Master Association (office /fitness center) located at 5076 Annunciation Circle, Suite 103, Ave Maria, Florida 34142, at 9:00 a.m. on the following dates: October 2, 2012 November 6, 2012 December 4, 2012 January 8, 2013 February 5, 2013 March 5, 2013 April 2, 2013 May 7, 2013 June 4, 2013 July 2, 2013 August 6, 2013 September 3, 2013 The purpose of the meetings is to conduct any and all business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agenda for any of the meetings may be obtained by contacting the District Manager at (561) 630 -4922 and /or toll free at 1- 877 - 737 -4922 five (5) days prior to the date of the particular meeting. From time to time one or more Supervisors may participate by telephone; therefore a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Meetings may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) 630 -4922 and /or toll -free at 1- 877 - 737 -4922 at least seven (7) days prior to the date of the particular meeting. AVE MARIA STEWARDSHIP COMMUNITY DISTRICT PUBLISH: NAPLES DAILY NEWS 09/19/2012 F SWF 131--, - .............. WORK PLAN & BUoDGET Fiala Hiller Henning Coyle Coletta Date: —x k ;R. � i Item #: I k PA-4- Copies to: SWF ;v&a -1 pw ed 19 July 23, 2012 Southwest Florida 16I1 A7 4 I Planning Council 1926 Victoria Ave, Fort Myers, Florida 33901 -3414 (239) 338 -2550 FAX (239) 338 -2560 www.swfrpc.org Collier County Clerk of the Circuit Court — Finance 3299 Tamiami Trail E., Ste. 403 Naples, FL 34112 -5746 RE: SWFRPC's FY2013 Work Plan & Budget Dear Sir or Madam: At its July 19, 2012 meeting, the Southwest Florida Regional Planning Council (Council) adopted its FY2013 Work Plan and Budget, in accordance with the Council's Rule 291 -1.007 Budget and Finances: The Council shall cause to be prepared and shall adopt on or before August 15 of each year a budget for the development and implementation of the planning and development programs by such means and through such agencies as the Council shall determine and shall certify a copy thereof to the Clerk of the governing body of each local government that is a member. Upon approval thereof by the governing body each member local government shall include in its annual budget and cause the levy of a millage sufficient to produce the amount necessary to fund its proportionate share of the Council's total budget for the District, which, beyond minimums for individual membership established by the Council, bears the same ratio to the total budget as the population of each member unit bears to the total population of the District, all as determined annually by official population forecasts by the state of Florida for the year preceding each budget determination. Enclosed is a certified copy of the Council's FY2013 Work Plan and Budget for your records. Please feel free to contact me if I can be of further assistance. Sincerely, UTHWEST FLORIDA REGIONAL PLANNING COUNCIL Margaret erstle, AICP Executive Di ector /nlg enclosure 1611 A7 4 FOR A CERTIFIED Cop Y.- STATE OF FLORIDA COUNTY OF LEE On this 23rd day of Jam, 2012, I attest that the attached document is a true, exact, complete, and unaltered photocopy made by me, Southwest Florida Regional Planning Council, Records Management Liaison Officer, of the "Southwest Florida Regional Planning Council Annual Budget for Fiscal Year 2013 Budget," as adopted by the Southwest Florida Regional Planning Council on July L9, 2012. This document is a public record, and the Southwest Florida Regional Planning CourldiLis its ogfficial,sour�e.: Nichol Gwinn tt Southwest Florida Regional Planning Council Records Management Liaison Officer RECEIVED 2 'j ". 2 5 2012 F=INANCE 1394f18'8 NdId NHOM dMS, �t @IOWOJd •V ajoldx3 '£ uf5liv OZ uoii!sueji • � MESSAGE 1 The focus of this work plan is to transition, align, explore and promote new ways to deliver outstanding service to our 22 local governments. The Southwest Florida Regional Planning Coun- cil is transitioning from primarily providing growth management oversight to fostering the growth of local economies using the Florida Chamber Foundation's six - pillar framework. Our communities are linked in so many ways, it makes sense that we work together to ensure that our local governments thrive. Regional col- laboration and cooperation will provide more efficient and effective services to residents while allowing us opportunities to address our most pressing regional challenges: economic development, transportation options, commu- nity development, watershed protection, and environmental quality. Good planning ensures that we are investing limited resources in the most efficient ways to build stronger local econ- omies that are more competitive and resilient. It is absolutely essential to economic recovery and long -term prosperity that the Council con- tinue to provide relevant, timely and innovative assistance to the region. The time has come to re- evaluate the core functions of the Regional Planning Council and transition operations to meet the needs of the 22 local governments represented by the Southwest Florida Regional Planning Council. We can provide the leadership required to de- velop regional solutions for diverse economies and vibrant communities. To that end, the 2013 Work Plan focuses on transitioning the agency's emphasis to: • collaboration on economic development activities including a more focused Brown- field redevelopment program, • regional planning with intense commu- nity collaboration, • innovative, relevant & timely assistance, • environmental research to maintain the economic vitality of our region, • an expanded grants management and technical assistance focus, and • a continued commitment to our regula- tory responsibilities. Effective reorganization requires calibration of each change to ensure alignment with the mission and the needs of our local govern- ments. The Regional Planning Council has been through tremendous change in the lastyear and must stabilize in terms of funding, staff capac- ity, operations and programs before it can grow and expand. The principle used by some of the most successful businesses is "to fire bullets first, calibrate, then fire the cannonballs ". Bul- lets are a low cost, low risk and low distraction test to learn what will work. Once confidence is experienced based on the bullets, resources can be focused and a cannonball launched to build an even greater regional agency. Accord- ingly, FY 2013 will be a " bullet" year of tran- sitioning, aligning, exploring and promoting the services provided by the Southwest Florida Regional Planning Council and exploring new ways to deliver outstanding service to our 22 local governments. FUNDAMENTAL OBLIGATIONS 1611q� 2013 KEY ACCOMPLISHMENTS 1. REGIONAL PLANNING • Regulatory Responsibilities • Strategic Regional Policy Plan • Emergency Management Planning 2. ECONOMIC DEVELOPMENT DISTRICT • Manage the Federal Economic Development District and Develop Annual Updates to CEDS Document • Aggressively Seek Funding for CEDS Vital Projects 3. IMPROVED ADMINISTRATION • Improved Financial Reporting • Improved RPC Organization, Operations and Policies • On- budget/On -time Deliverables for Existing Grants • Improved Grant Program "¢ I � = �,j -rm% TRANSI" 'iu- N cn (D �L �L 1611 a� K TO FOCUS ON: Economic Development • Explore ways to expand the RPC's role in Regional Economic Development • Explore development of regional brown - fields program Intense Community Collaboration • Develop an outreach strategy that will reach all sectors and communities and includes non - traditional outreach methods • Expand our partnerships and teams Grant Clearinghouse & Technical Assistance • Maintain data base of community and re- gional projects • Identify funding and partners for implemen- tation of projects • Assist with grant preparation and manage- ment Regional Planning • Develop regional strategy based on the six pillars and incorporate Strategic Regional Policy Plan • Assist local governments with development of plans • Assist local governments with best prac- tices on local issues • Educate the public on relevancy of regional planning Environmental Research, Planning & Education • Conduct research on environmental issues that impact the economic viability of our region • Educate the public on environmental is- sues that improve our economic vitality 1 16 I A 7 Effective reorgani2:.ation requires calibration of each change,to ensure alignment with the mission and the needs of our local governments. ALIGN EFFORTS TO: Enhance and Build Regional Efforts • Collaboration with Economic Development Councils (EDCs) and Chambers of Com- merce • Collaboration with Community Reinvest - ment Agencies (C RAs) Expand Knowledge Base to Meet Needs of Region Ensure Regulatory Work and Re- sponsibilities Support State & Re- gional Efforts • Expand our partnerships and teams Identify barriers and challenges to align- ment with six pillars Align Strategic Regional Policy Plan with State Economic Development �L 0L 16 A 7 "Whether you previil or fail depends on what you do to yourself than on what the world does to you." -Jim Collins EXPLORE NEW WAYS TO: Provide Outstanding Service Provide Innovative, Relevant and Timely Assistance Effective Investment of Limited Re- sources Unite our Region to Build Com- petitive and Resilient Local Econ- omies Remove Barriers and Challenges to Development and New Busi- ness Opportunities 1611 PROMOTE RELEVANCY 12 >41 (D v n Creating and maint< fining active citizen and group involvement is an important feature of strong communities. PROMOTE RELEVANCY, ADDED VALUE - &EFFICIENCIES BY: Developing a disciplined approach to getting our message out - • Annual Meeting with County and City Man- agers • Annual Meeting with Planning Directors • Annual Meeting with EDC Directors • Annual Meeting with Elected State and Federal Representatives • Annual Contact with the 22 Local Govern- ments • Orientation Meeting for New SWFRPC Members • County and City Emergency Managers Meeting • Non - traditional Outreach Programs to Agencies, Organizations and Residents • Annual Meeting with CRA Directors s` S I B--- 14 �J 0 �� L 0 �L Q �I Outstanding servica will be provided by removing barriers and providing timely assistance. REGULATORY RESPONSIBILITIES 'M' jows— M AM"WOM ® M& d 16 (n (D O L Q W $1,008,031 Pending grants (1ataf Amount $1,006,uj a. Veterans Transportation and Commu- nity Living Initiative • $50,000 to expand access to trans- portation; Partnership with Lee Tran. (Margaret Wuerstle) b. CACCE • $186,484 to develop training curriculum for planners on Coastal Area Climate Change (Jim Beever) c. Farmers Market Grant • $98,628 to address food deserts through- out the 6 counties (Jennifer Pellechio) d. Economic Gardening • $30,000 to help existing small business- es grow (Jennifer Pellechio) based mapping applications to inform coastal communities on the risks of sea level rise. National Oceanic and Atmo- spheric Administration (NOAA) grant (Jim Beever) g. Coastal Resilience Gulf of Mexi- co City of Bonita Springs Climate Change Resiliency Plan • $62,737 subcontract with The Nature Conservancy from Coastal Resilience Gulf of Mexico NOAA grant (Jim Beever) h. Energy Assurance Update e. Measuring and Forecasting Ecosys- tem Services from Habitat Analyses of Mangroves, Salt Marshes, and Sea i. grasses in the Eastern Gulf of Mexico • $497,418 to identify socioeconomic eco- system services provided by mangrove, salt marsh, and sea grass habitats of the eastern Gulf of Mexico and determine how these habitats affect the socioeco- nomic ecosystem services in the eastern Gulf of Mexico study area. (Jim Beever) f. Coastal Resilience Gulf of Mexico • $53,784 for methods, data, and web- • $25,000 - Florida Energy Office - Sub- contract with Tampa Bay RPC. A report on Regional and Statewide recommenda- tions for citizens and businesses seeking feasible energy assurance implementa- tion strategies. (Jennifer Pellechio) Charlotte Harbor Volunteer Shoreline Survey Update 2013 U.S. Department of Environmental Protection. • Grant Amount: $15,000, Match: $31,090, Total = $46,090 • RPC Staff: GIS ($3,980) • To prepare shoreline condition maps, written summary, on -line water atlas page, Final Project Summary Report, Article in Harbor Happenings. (CHNEP project with RPC staff involvement, Judy Ott) X546.128 Ci, p A, 1611 -AWARDED GRANTS a. Development of a functional assess- ment method to evaluate the water quality benefits of wetland restoration and designed freshwater and brackish water ecosystems used for water qual- ity treatment.(WQFAM) U.S. EPA, • Grant Amount; $359,378 • Match $194,940 (in -kind from 17 agencies) • Total = $554,318 • Duration 10/1/2011 to 9/30/2014 • Project Manager: Jim Beever • Deliverable: New method for formal ac- ceptance by the State as one tool in Basin Management Action Plan arsenal b. Local /Regional Broadband Planning Project Interagency Agreement: Tampa Bay Regional Planning Council. • Grant Amount $308,000 • Match $79,200 • Total = $388,000 • Duration: June 2011 to June 2013. • Program Manager: Jennifer Pellechio • RPC Staff: Margaret Wuerstle, Rebekah Harp, Tim Walker, Nichole Gwinnett. • Deliverables: A comprehensive Broadband Plan for Charlotte, Collier, and Lee Coun- ties; A regional Broadband assets inventory for current and future needs; Development of tools and training materials for subse- quent broadband planning efforts; Public engagement process. c. Comprehensive Economic Develop- ment Strategy (CEDS). U.S. Economic Development Administration, 1611 A7 • Grant Amount: $189,000 • Match: $81,000 • Total = $270,000 • Duration: January 2011 to December 2013 • Program Manager: Jennifer Pellechio • RPC Staff: Margaret Wuerstle, Rebekah Harp, David Crawford, Tim Walker, Nichole Gwinnett. • Deliverables: Annually updated Economic Development Strategy for Federal Eco- nomic Development District that includes Charlotte, Collier, Hendry, Glades, Lee, and Sarasota. d. Statewide Energy Policy Strategy U.S. EDA: Interagency Agreement with Tampa Bay Regional Planning Council. • Grant Amount $76,545 • Match: $20,955 • Total = $97,500 • Duration: November 2011 to February 2013 • Program Manager: Jennifer Pellechio • RPC Staff- Margaret Wuerstle, Rebekah Harp, Tim Walker, Nichole Gwinnett • Deliverables: Surveys, Analysis, Summits, Strategies and Final Report. e. Hazardous Materials Emergency Pre- paredness (HMEP) Planning and Train- ing. State of Florida Division of Emergency Management, • Grant Amount: Planning = $20,000; Train- ing = $38,370 • Total Amount = $58,370 • Duration: October 1, 2012 to June 30, 2013 • Project Manager: John Gibbons 111 A74<i � Continued mw "raw -,**N 20 GRANTS conI t. f • Deliverables: Quarterly reports and close out report that include a commodity flow of hazardous materials and extremely hazardous substances transported over selected Interstate and U.S. Highway Cor- ridors with the Local Emergency Planning Committee (LEPC) for the planning portion of the grant. Assessment of training needs, facilitate the training provided and docu- ment the number of hours of trainers and course participants for the training portion of the grant. State of Florida Division of Emergency Management (DEM Title III) • Grant Amount: $40,909 • Duration: July 1, 2012 to June 30, 2013 • Project Manager: John Gibbons • Deliverables: Staff to the Local Emergency Planning Committee, prepare agendas and minutes, maintain records, serve as liaison with State Emergency Response Commis- sion (SERC), prepare and update plan, conduct an exercise with LEPC biennially for exercising the LEPC hazardous materi- als emergency plan, provide technical as- sistance in the development of vulnerabil- ity, risk and hazard analysis of chemicals and provide reports to State. g. Transportation Disadvantaged - Glades/ Hendry Florida Commission for Transporta- tion Disadvantaged • Grant Amount: $35,124 Project Manager: David Crawford • Deliverables: Updates to annual service plan, evaluation worksheets, four coor- dinating board meetings per year , docu- mentation of agendas, minutes, active membership roster and attendance, hold at least one public hearing, annual update of by -laws for coordinating board, provide copy of LCB grievance procedures, provide annual operating budget; complete expen- diture report, quarterly progress reports, at- tend at least one Commission sponsored training. h. Estimating and Forecasting Ecosystem Services from Habitat Condition Analy- ses within Pine Island Sound, and on Sanibel and Captiva Islands. Sanibel - Captiva Foundation • Grant Amount - $53,677 ($10,000 A sub - contract with Sanibel - Captiva Conservation Foundation (SCCF) from an Elizabeth Ord- way Dunn Foundation Grant. and $10,000 from Elizabeth Dunn to SWFRPC; $20,000 from CHNEP to SWFRPC. ) • Match: $13,677 (in -kind services of SCCF) • Duration: April 1, 2012 to April 1, 2013 • Project Manager: Jim Beever • Deliverable: Ecosystem Services Report on Pine Island Sound and its associated islands including Sanibel and Captiva Is- lands. i. Small Quantity Generators (SQG) - Glades County. • Total Amount = $19,500 (Annually $3,900) • Duration: June 17, 2012 to June 16, 2017 • Project Manager: John Gibbons • Deliverable: Notification, verification, in- spection and assessment of potential Haz- ardous Waste Facilities in Glades County. 1614 �0T TE H�q 22 .L 0 Q 1611 a7 CHNEP "harlotte Harbor National Estuary Program: A partnership to protect the natural environ.nent of Florida from Venice to Bonita Springs to Winter J_ ..... In 1995, the Charlotte Harbor National Estu- ary Program (CHNEP) was created pursu- ant to section 320 of the Clean Water Act. CHNEP is one of four NEPs in Florida and one of 28 in the nation. Each NEP adopts and implements a Comprehensive Con- servation and Management Plan (CCMP) through a partnership called the "Manage- ment Conference." CHNEP's Management Conference includes a Policy Committee of elected officials and top agency heads, a Management Committee of resource managers, a Technical Advisory Commit- tee of scientists and others, and a Citizen Advisory Committee of citizens and public outreach specialists. The Policy Commit- tee sets CHNEP's operating policies and budget. Government, business, industry, resource users and others who have an in- terest in water quality, hydrology and habitat participate in the program. The Southwest Regional Planning Council ( SWFRPC) hosts CHNEP. NEPs across the nation have a variety of hosts, including the Federal government, state government, lo- cal government, non - profits and self -host- ed. The function of the host is to ensure that personnel actions and purchasing is accom- plished according to state and federal laws. SWFRPC has the power to contract on be- half of the CHNEP for both incoming grant funds and outgoing expenses for services rendered to CHNEP. CHNEP is funded by government (federal, state and local) an- nual contributions, specially awarded grants (from governments, industry and non -prof- its) to implement projects, and donations. CHNEP contributes to SWFRPC functions through an indirect charge which totals more than $200,000 per year. The CHNEP has a separate work plan and budget. These documents are attached as Appendix M. 11� The Southwest Flori:Ja Regional Planning Council can be an effective catalyst for lasting change. ECONOMIC IMPACT The impact that the southwest Florida Regional Planning Council has on our local governments in FY `�01 3 will be demonstrated by: Jobs created and retained through funding opportunities avail- able for Vital Projects in Charlotte, Collier, Hendry, Glades, Lee, and Sarasota counties based on the CEDS document. The development of a long -term regional strategy, consistent with the six pillars concept to position our region to effectively address the most pressing regional challenges. Commitment to our regulatory responsibilities and environ- mental research in order to protect a high quality of life. Technical expertise and assistance provided to local govern - `'' %n��i�� ments. Regional solutions developed for diversifying the economies in our communities through alignment of the SWFRPC goals with the five -year State of Florida Economic Development FLORIDA DEPARTMENTe ECONOMIC OPPORTUNITY Plan. The development of a long -term regional strategy, consistent with the six pillars concept to position our region to effectively address the most pressing regional challenges. Commitment to our regulatory responsibilities and environ- mental research in order to protect a high quality of life. Technical expertise and assistance provided to local govern - `'' %n��i�� ments. 2013 GOALS- Transition, Align, Explore & Promote PERFORMANCE Performance measures provide us with information necessary to make • ••• •• 3 11111.1111 role, # Of Vital Projects funded, started or completed from CEDS Plan # Of jobs retained or created as a result of federal investments • • # Of projects completed or underway that support or implement _ _ the State DEO Plan • • Recent, Current and anticipated Economic Development invest- ments sponsored by EDA # Of grants submitted for brownfield redevelopment Policies are updated . - Financial reporting process is improved ' • • Incentive grants policy implemented Policy and process developed for grant programs # Of grants submitted # Of grants participated as prime, partner or provided letter of support # Of grants awarded # Of grant deliverables completed on budget and on time • • _ # Of local governments assisted # Of partnerships developed for specific projects # Of partnerships leveraged for associated regional efforts Project database implementation Total amount of funding brought into region Indirect rate is competitive and consistent % Of regional strategy completed # Of regulatory barriers identified _ • • # Of DRIs processed # Of Comprehensive Plan Amendments processed # Of State Clearinghouse Reviews completed # Of completed restoration projects assisted • • # Of assisted restoration plans completed # Of adopted habitat conservation plans # Of adopted marina siting plans # Of studies completed Acres of land in region protected through coordinated assistance # Of individuals attending educational workshops # Of services provided to local governments % Of outreach strategy completed Annual meeting with Planning Directors • Annual meeting with EDC Directors Annual meeting with CRA Directors Annual meeting with elected state and federal representatives Annual contact with the 22 local governments Orientation meeting for new SWFRPC members 3 F A7 <. 28 -1-1\ CHALLENGES The Regional Planning Council has been through tremendous change in the last year and must stabilize in terms of funding, staff capacity, operations and programs before it can grow and expand. The challenges experienced are as follows.. Cutbacks in Staff "taffing reduced by 3 FTEs to a total of 14 employees Staff Expertise ;-.xpertise needs to be expanded in transportation planning, REMI, grant ,.=biting and GIS RPC Capacity 'ii Id operational processes must be made more efficient and effective to Reliance on Grant Funding Uncertainty of Federal FY 2013 Budget and other funding sources make budgeting and forecasting with any degree of accuracy difficult Lack of Funding for Technology Upgrades j chnology must be kept current hl;--'JILCrW 0";lfiulugy iUl ULjIhRjZb Lack of Funding for Professional Development i he ability to meet the needs of clients lies in the expertise of our staff ca BUDGET 'JULY 197 2012 E 1611 A7 �i Southwest Florida Regional Planning Council Proposed Budget C)ctnhnr 1 7(117 thrnimh Cnnfnmhnr ,%n 7(113 RPC BUDGET TOTALS Local Assessments 462,779 462,779 Federal /State Grants 477,228 597,333 1,074,561 Misc. Grants /Contracts 68,900 510,527 579,427 DRIs 50,000 50,000 I nterest/M isc 22,000 22,000 Carry Over Fund Balance 519,868 519,868 1,600,7751 1,107,8601 2,708,635 Total Income Expendttures RPC CHNEP BUDGET TOTALS Direct: Salaries (Appendix A) 685,000 292,510 977,510 FICA 53,000 22,377 75,377 Unemployment 14,300 14,300 Workers Compensation 2,607 1,043 3,650 Retirement 33,500 14,826 48,326 Health Insurance (Appendix B) 77,350 32,140 109,490 865,757 362,896 1,228,653 Total Personnel Services Consultant Fees (Appendix C) 72,547 72,547 NEP Contractual 294,610 294,610 Audit Fees 40,000 40,000 Travel (Appendix D) 26,750 21,000 47,750 Telephone (Appendix E) 5,000 650 5,650 Postage (Appendix F) 4,100 22,000 26,100 Equipment Rental (Appendix E) 11,000 11,000 Insurance (Appendix G) 22,500 22,500 Repair /Maint. (Grounds /Bldg /Equip) 15,000 15,000 Printing /Reproduction (Appendix F) 1,500 102,000 103,500 Utilities (Elec, water, garb) 22,520 22,520 Advertising (Appendix E) 5,200 550 5,750 Other Miscellaneous (Appendix E) 2,500 1,500 4,000 Office Supplies (Appendix E) 12,837 8,350 21,187 Computer Related (Appendix H) 40,000 5,000 45,000 Publications (Appendix E) 750 500 1,250 Dues and Memberships (Appendix 1) 28,800 7,000 35,800 Professional Development (Appendix J) 8,450 8,450 Meetings /Events (Appendix K) 7,500 25,000 32,500 Capital Outlay- Operations (Appendix L) 4,000 4,000 8,000 Capital Outlay- Building (Appendix L) 9,000 9,000 Long Term Debt 128,000 128,000 Allocation of Fringe /Indirect (252,804) 252,804 0 Reserve for Operations Expense 519,868 519,868 1,600,7751 1,107,8601 2,708,635 Total Cash Outlays Net Income (Loss) 0 01 0 �y �A 16 1. Southwest Florida Regional Planning Council Conceptual Budget Adopted Amended 2013 2013 Budget 9/30/12 Budget 9130/12 Conceptual Budget Proposed Budget Revenues Local Assessments 459,517 459,517 462,779 462,779 Federal /State /Misc.Grants 2,839,764 1,836,482 1,591,269 1,653,988 DRIs 253,000 170,000 100,000 50,000 Interest/Misc 15,000 15,000 22,000 22,000 Carry Over Fund Balance 680,090 519,868 519,868 519,868 4,247,3711 3,000,867 1 2,695,9161 2,708,635 Total Incomell Expenditures Direct: Salaries - Total 1,314,475 1,230,524 1,103,339 977,510 FICA 84,000 75,377 Unemployment 7,150 14,300 Workers Comp 4,500 3,650 FICA/Workers Comp /Unemployment 195,000 114,500 Retirement 98,000 96,000 54,000 48,326 Health Insurance 150,000 140,000 130,000 109,490 1,757,475 1,581,024 1,382,989 1,228,653 Total Personnel Services Consultant Fees 40,000 40,000 45,000 72,547 MPO Contractual 89,523 0 0 NEP Contractual 117,600 117,600 302,460 294,610 Audit Fees 46,000 46,000 46,000 40,000 Travel 46,250 41,559 40,250 47,750 Telephone 6,650 5,752 5,650 5,650 Postage 28,100 23,894 26,100 26,100 Equipment Rental 35,200 24,200 11,000 11,000 Insurance 33,000 33,000 27,000 22,500 Repair /Maint. (Grounds /Bldg /Equip) 25,000 25,000 15,000 15,000 Printing /Reproduction 94,400 88,048 103,500 103,500 Utilities (Elec, water, garb) 30,000 30,000 30,000 22,520 Advertising 15,550 8,471 5,700 5,750 Other Miscellaneous (E.D. Relocation) 4,500 11,000 4,000 4,000 Office Supplies 18,550 17,912 15,000 21,187 Computer Related Expenses 41,700 35,848 45,000 45,000 Publications 4,000 2,500 2,500 1,250 Professional Development 35,900 34,400 35,800 8,450 Dues 4,700 35,800 Meetings /Events 59,800 57,800 31,500 32,500 Capital Outlay-Operations 29,000 26,000 8,000 8,000 Capital Outlay-Building 9,000 9,000 9,000 9,000 Long Term Debt (Building Loan) 128,000 128,000 128,000 128,000 Amount to be Reserved - Exec.Dir. 414,895 4,468 0 0 Reserve for Operations Expense 680,090 519,868 519,868 519,868 3,700,660 3,000,867 2,844,017 2,708,635 Total Cash Outlays - 148,100 0 Net Income /(Loss) Wo 161101 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL REVENUE SOURCES October 1, 2012 through September 30, 2013 GENERAL REVENUES Interest Earned /Misc. Local Assesments_ Total General Revenue 22,000 462,779 484,779 SPECIAL REVENUES Federal /State Grants Misc. Grants /Contracts DRI'S Total Special Revenue Prior Year Fund Balance 1,074,561 579,427 50,000 1,703,988 519,868 FY 2013 Budget Revenue Totals 2,708,635 MEMBER POPULATION ASSESSMENT Charlotte 160,463 48,138.90 Collier 323,785 97,135.50 Glades 12,812 3,843.60 Hendry 38,908 11,672.40 Lee 625,310 187,593.00 Sarasota _ 381,319 114,395.70 TOTAL ASSESSMENTS 1,542,597 462,779.10 INTERESTAND MISC. 22,000.00 TOTAL GENERAL REVENUES 1,542,597 484,779.10 SPECIAL REVENUES FEDERAL /STATE Misc. Grants /Contracts TOTAL DEM - Title III 40,909 40,909 HMEP - Planning & Training 58,370 58,370 Economic Development 63,000 63,000 Glades Hendry TD 35,124 35,124 SQG 3,900 3,900 Broadband Planning Project 119,825 119,825 Tampa Bay Energy Grant 45,000 45,000 DRI Fees 50,000 50,000 SCCF - Dunn 20,000 20,000 _ _ FAMWQ 160,000 160,000 RPC SPECIAL REVENUES 477,228 118,900 596,128 CHNEP 597,333 510,527 1,107,860 TOTAL SPECIAL REVENUES 1,074,561 629,427 1,703,988 * Assessments based upon official Bureau of Business and Economic Research population estimates. Assessments are estimated at 30 cents /capita as provided for in the Council's Interlocal Agreement, adopted November 8, 1973. k / 161 IA7 Southwest Florida Regional Planning Council Revenues - RPC Only FY 2013 Budget Local Assessments $462,779 Federal /State /Misc. Grants $546,128 DRI $50,000 Interest /Misc $22,000 Carry Over Fund Balance $519,868 Total $1,600,775 ■ Local Assessments ■ Federal /State /Misc. Grants ® DRI ■ Interest /Misc ■ Carry Over Fund Balance 1611a7 Southwest Florida Regional Planning Council Revenues Sources - RPC & CHNEP FY 2013 Budget CHNEP Grants $1,107,860 Local Assessments $462,779 Federal /State /Misc. Grants $546,128 DRI $50,000 Interest /Misc $22,000 Carry Over Fund Balance $519,868 Total ■ CHNEP Grants ■ Local Assessments Federal /State /Misc. Grants ■ DRI Interest /Misc Carry Over Fund Balance $2,708,635 161'1 A7 Southwest Florida Regional Planning Council 5 Year Budget Comparison FY 2008 - FY 2013 Year End - these years include MPO Proposed Actual Y/E 9/30/08 Actual Y/E 9/30/09 Actual Y/E 9/30/10 Actual Y/E 9/30/11 Current (Amended) FY 11112 Budget YIE 9130113 Revenues Local Assessments 450,432 464,696 470,552 466,669 459,517 462,779 Federal /State /Misc. Grants 2,679,934 2,848,094 2,872,576 2,591,297 1,836,482 1,653,988 DRIs 406,982 271,982 280,626 215,357 170,000 50,000 Interest/Misc 37,625 15,104 10,101 14,813 15,000 22,000 Carry Over Fund Balance 565,843 637,988 655,716 519,868 519,868 519,868 4,005,816 4,237,864 4,289,571 3,808,004 3,000,867 2,708,635 Total Income Expenditures Direct: Salaries - Total 1,620,636 1,715,442 1,720,848 1,785,396 1,230,524 977,510 FICA /Workers Comp /Unemployment 128,548 136,112 140,348 135,632 114,500 FICA 75,377 Workers Compensation 3,650 Unemployment 14,300 Retirement 165,357 181,381 179,617 170,332 96,000 48,326 Health Insurance 171,9501 177,977 165,874 176,024 140,000 109,490 Total Personnel Services 2,086,491 2,210,913 2,206,6881 2,267,385 1,581,024 1,228,653 Consultant Fees 59,109 125,707 33,118 64,094 40,000 72,547 NEP Contractual 380,741 442,497 368,034 233,995 117,600 294,610 MPO Contractual 144,238 173,192 415,706 246,699 89,523 0 Audit Fees 49,039 45,686 43,116 46,220 46,000 40,000 Travel 45,866 46,859 45,700 39,442 41,559 47,750 Telephone 9,855 8,192 11,953 12,093 5,752 5,650 Postage 26,175 37,477 27,940 23,767 23,894 26,100 Storage Unit Rental 2,266 2,912 224 0 0 Equipment Rental 31,602 21,585 33,341 29,253 24,200 11,000 Insurance 31,056 29,480 25,492 19,820 33,000 22,500 Repair /Maint. (Grounds /Bldg /Equip) 24,925 24,631 18,530 20,937 25,000 15,000 Printing /Reproduction 93,275 61,147 52,205 93,224 88,048 103,500 Utilities (Elec, water, garb) 23,053 26,089 22,955 24,411 30,000 22,520 Advertising 13,893 13,350 20,322 16,558 8,471 5,750 Other Miscellaneous 1,735 3,403 2,382 4,491 11,000 4,000 Office Supplies 27,367 19,654 18,374 17,637 17,912 21,187 Computer Related Expenses 52,880 61,809 44,788 56,993 35,848 45,000 Publications 2,302 1,625 1,656 2,476 2,500 1,250 Dues and Memberships 45,665 36,137 36,504 38,109 34,400 35,800 Professional Development 8,450 Meetings /Events 39,242 44,679 22,298 54,966 57,800 32,500 Capital Outlay-Operations 41,853 12,175 21,995 8,037 26,000 8,000 Capital Outlay-Building 7,450 5,200 8,409 9,000 9,000 Long Term Debt (Building Loan) 127,751 127,751 127,751 127,751 128,000 128,000 Reserved for ED and AC 4,468 0 Reserve for Operations Expense 565,843 637,988 655,716 519,868 519,868 519,868 3,933,671 4,220,1361 4,265,1961 3,968,2261 3,000,8671 2,708,635 Total Cash Outlaysl 72,1461 17,7271 24,374 - 160,222 01 0 Net Income /(Loss) 1 SALARIES EXPENSES 0 ti cv E R O � H U � C m U) a o o U a` � M O r N LL Z of 1611g7 O L N L O co L O U O O 1-- O M O T Lf) M O M CO d' O N C Cl T � O (fl T VI Cl Lq O (fl N (A tp N a) _ I— C O `� a N Lo CO Lo T O N O Lo E Q O O Q w - L m M O (n I_ L m � Lf) O O I'- in CO � 00 M - co (fl d' C C � C N 'O "t I- N � CO O r- M CO 00 M O U co (q r-, LO T W O M O Q O Cl) (A N N T d 1= T LO Cl) N Cl) M Cl) Cl) N N N Cl) M N (6 O C O N 0 w w N M O (A O m O7 M O M m w N r-- M T M (A m M O LO N O. U O Z = N N N N N M N a - U M M M M M M N N M M N L E m I 1 1 O C -0 O N O . u E O C 00 CO CO M M co O V O (fl (fl r O O O N N L(> Lo Lo O m m N N 4 O M O 00 O O O O O M N N N N N N T N N T Q Q N x Q a� C O Q _ _ _ _ _ _ _ _ _ _ E E E E E E E E E E E E E E N 0 O x N x O x O x N x N x N x N x O x N x N x 0 x 0 x 0 x O CU w w w w w w w w w w w w w w= C) 0 ti cv E R O � H U � C m U) a o o U a` � M O r N LL Z of 1611g7 O L N L O co L O U C CY) C N c C o tp N a) _ I— C O `� a O m L Q a) Q w y N =° V ° - L U /� Y. z z v L o v N p w Q ll11 LL z = N c o U E ca L o d ee11 I.L _ g O — N E 7 E E O c.) LL z _ C C C6 0- E O U > L is 2 N N > L ca C O >? C w > ca E Q O O Q w - L m O co C Q� U) U ( — L cu O (n I_ L m v li N Q o m U O N > fD E -0 — in U n U N > m E -0 0 ti cv E R O � H U � C m U) a o o U a` � M O r N LL Z of 1611g7 U) C o O 0 ti cv E R O � H U � C m U) a o o U a` � M O r N LL Z of 1611g7 j `An EXPENSES O O d' of O O H ♦+ v w 3 m v O Q. O M m LL 0 0 0 0 0 1611 b sy� OJ �b Sap PJ, O�pb a�9i� a Py, eel O� Ps, 'o eel V02 0 ?'9 sP �O 2/ 'a 4'b P� Ga O e4 0000000000 aby %P 000000000v� ay 000000000 000000000 rnoon�DinZT mcv-1 O u U � ro aJ t!} r) N QJ Vi C Q W V O Q. w Q V) v j, O CL E ai n T c ° E v p Q E v L Q > t ° E v 4J O0 Q n O E o c}o U N LO a, Q V) N ai cu 2 v Q o O a, c E v 0 0 v i Co x 'a � Q Q = ..c M = U 00 Ln ) 00 O M O Lr) N > — M Q O Lr) M NE W E a o Lr! ri o F, 4 - r 00 Q N LL C U tB aj Q N E Q i N ++ O i i c in co O Q u cLa O U U Q N C ca c v _ c v 0 ca 0 co L in - x aJ O O d' of O O H ♦+ v w 3 m v O Q. O M m LL 0 0 0 0 0 1611 b sy� OJ �b Sap PJ, O�pb a�9i� a Py, eel O� Ps, 'o eel V02 0 ?'9 sP �O 2/ 'a 4'b P� Ga O e4 0000000000 aby %P 000000000v� ay 000000000 000000000 rnoon�DinZT mcv-1 CONSTULTANT FEES /EXPENSES 1611 IA/ Appendix C Budget 2013 Consultant Fees Expenses Grant /Project Amount HMEP - Planning & Training $21,000 Broadbrand $24,000 CPA and Actuarial $10,000 DRI $17,547 FY13 Proposed Budget Total $72,547 Note: Grant related direct expenses - $45,000 TRAVEL EXPENSES 1611 A7 Appendix D Budget 2013 Travel Expense Grant /Project Amount Title III /HMEP $6,200 Broadband $7,000 Economic Development $250 FAMQ $800 Glades /Hendry TD $50 Local $10,450 Indirect Staff $2,000 CHNEP $21,000 FY13 Proposed Budget Total $47,750 60000 50000 40000 30000 20000 10000 0 °aapa CO �e �o o�ea F SUPPLIES & ■ C? 0 1 � EXPENSES 16 I,1 A7 d Appendix E Budget 2013 Supplies and General Operating Expenses Budget Line Expense Amount Equipment Rental $11,000 Office Supplies $21,187 Telephone $5,650 Publications $1,250 Advertising $5,700 Other Misc. $4,000 FY13 Proposed Budget Total $48,787 Notes: Publications - HR Compliance, Florida Administrative Weekly, Bureau of Economic and Business Research Other Misc. - Auto Maintenance, New Hire Screenings, Misc. Petty Cash to 11 A7 a PRINTING & 0, OSTAGE 1611 A7 1w Appendix F Budget 2013 Postage Expenses Grant /Project- Postage Amount Title III $80 Economic Development $200 Glades /Hendry TD $150 Local $900 Indirect (General expense) $2,770 CHNEP $22,000 FY13 Proposed Budget Total $25,000 $20,000 $15,000 $10,000 $5,000 $0 \10 $26,100 Budget 2013 Printing Expenses Grant /Project- Printing Expenses Amount Title 111 $100 Local $500 Indirect (General expense) $900 CHNEP $102,000 FY13 Proposed Budeet Total $103,500 INSURANCE EXPENSES V" Commercial Property to O 0 0 to N O O O 0 0 to A Q'I O O o 0 0 to 00 O O 0 0 0 to O O 0 0 0 to N F, O O O 0 0 0 to N O O 0 0 0 N A O O 0 0 0 OEM O M Business Owners O policy Director's & Officers 3 rD Liability CD oLn Crime 7 Commercial Auto N O n (D � LV T 19i T w v 0 O M a W C DrQ O r+ O v N N Ul O O 0 O n n o m n = O M O 3 rD CD oLn 7 N O n (D iv QO a D O o O n Ln Ln O LM fD O p cn Obi E. O O O O cr 3 O O O N W M -o m N F, G) W n W 3 p 3 O O fD N O C M ' N o 'O o 0 Q 0 fD rt rD (D N O N O O r v s -0. —• 3 ao n - O 0 �, N N Q M 0 O� O O rD Ln a7 Q C fD UO ? c l0 " n 3 X c t„ t rD CU CL (D o M G) o o o (D CL r) o (A o o CD 0 N Q O O 00 C (p O VI O � N O (D N O N 0 0 o_ Q n p C o O O O to in N O N N' O O cPO O OC 3 O O O O O O N O F•-� O O \ \ co \ 3 N F� FTI F� F- W N N Ni N COMPUTER R, i RE LATE D EXPENSES 16{? A% Appendix H Budget 2013 Computer Related Expenses Licenses Annual Cost Total Peachtree Accounting $1,149 5000 REM] $6,903 GIS $9,357 MS Server $1,000 Licenses Internet Connection Equipment Replacement Consulting -IT VM License /Support $1,000 DMS -Ikon $1,517 Websence $2,538 $23,464 Internet Connection Clerk of Courts $5,741 $5,741 Consulting -IT Genesis $5,850 Clerk of Courts $2,375 $8,225 Equipment Replacement Hardware /Misc. $7,570 $7,570 FY13 Proposed Budget Total $45,000 25000 20000 15000 10000 5000 0 Licenses Internet Connection Equipment Replacement Consulting -IT Note: Computers and equipment over $1,000 are considered Capital Outlay A 7 11113. ?: 0 al a mom ME I I Do EXPENSES 1611A'7 O Appendix Budget 2013 Organizational Dues and Memberships Expenses Organization Annual Dues Funding Source NADO- National Association of Development Organizations $2,000 Economic Dev. NARC- National Association of Regional Councils $1,875 Local Florida Chamber of Commerce Foundation $600 Local F.R.C.A.- Florida Association of Regional Councils $20,480 Local ULI -The Urban Land Institute $225 Local SWFLN- SW Florida Library Network $200 Indirect SERDI -SE Regional Directors Institute $400 Local FEDC - Florida Economic Development Council $300 Economic Dev. ANEP- Association of National Estuaries Program $4,500 CHNEP CHNEP- various memberships $2,500 CHNEP SWFRPC -misc. $2,720 Local FY13 Proposed Budget Total $35,800 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 off` o' �e tJ' t`�' ��` o`t` 5 c �a�`° \a_ �§ \ate° pta G`O °CC °t` r`� �` � 5 to o� �` et L c \PySO \Pyyo �ratc Pyyo a�a�� ot\aa �a\Q. �yo`\a aoo � r` Q.• � �� c,�c. �O P �a toQ .611 IA PROFESSIONAL DFi/FLOPMFNT EXPENSES 1611 ^" Appendix J Budget 2013 Professional Development Expenses Grant /Project Amount Title III/ HMEP $80 Economic Development $1,000 Energy Grant $700 Local $5,750 Indirect Staff $920 FY13 Proposed Budget Total $8,450 Note: Professional Development Expenses are conference registrations, workshops and training. MEETING 9 EXPENSES 1611 A7 Appendix K Budget 2013 Meeting /Events Expenses Grant /Project Total Title III/ HMEP $500 BroadBand $500 Economic Development $500 Energy Grant $500 Local $5,000 Indirect $500 CHNEP $25,000 FY13 Proposed Budget Total $32,500 35000 30000 25000 20000 15000 10000 5000 0 F Note: Local meetings related to Regional Strategy, regional workshops, and public outreach events OPERATIONS Appendix L Budget 2013 Capital Outlay- Operations Grant /Project Amount Broadband $1,000 CHNEP $4,000 Indirect $3,000 FY13 Proposed Budget Total $8,000 Note: Capital Outlay Operations Expenses are equipment ( computers, printers, etc.) over $1,000.00 Budget 2013 Capital Outlay- Building irant /Project Amount Wilding Repairs over $1000.00 $9,000 FY13 Proposed Budget Total $9,000 16i1 "' 161f' CHNEP WORK PLAN 11A7 A 1611 q7 FISCAL YEAR 2013 WORKPLAN & Fiscal Year 2012 Workplan Amendments Hardee County students learn about turtles and their habitats through a CHNEP public outreach grant. (Photo by Kayton Nedza.) Charlotte Harbor National Estuary Program Technical Report 12 -1 Approved: 5/21/2012 1926 Victoria Avenue Fort Myers FL 33901 (239) 338 -2556 www.CHNEP.org 1611A7 The Charlotte Harbor National Estuary Program is a partnership of citizens, elected officials, resource managers and commercial and recreational resource users working to improve the water quality and ecological integrity of the greater Charlotte Harbor watershed. A cooperative decision - making process is used within the program to address diverse resource management concerns in the 4,700- square -mile study area. Many of these partners also financially support the Program, which, in turn, affords the Program opportunities to fund projects. The entities that have financially supported the program include the following: U.S. Environmental Protection Agency Southwest Florida Water Management District South Florida Water Management District Florida Department of Environmental Protection Florida Coastal Zone Management Program Peace River/Manasota Regional Water Supply Authority Polk, Sarasota, Manatee, Lee, Charlotte, DeSoto, and Hardee Counties Cities and Towns of Sanibel, Cape Coral, Fort Myers, Punta Gorda, North Port, Venice, Fort Myers Beach, Winter Haven, and Bonita Springs and the Southwest Florida Regional Planning Council. n 16 11 "A; Charlotte Harbor National Estuary Program Policy Committee Mr. Doug Mundrick, Co -Chair Mr. Jon Iglehart, Co -Cha► Water Protection Division South District Director U. S. Environmental Protection Agency, Region 4 Florida Department of Environmental Protection CITIES Hon. Joseph Fink City of Arcadia Hon. Adrian Jackson City of Bartow Hon. Stephen McIntosh City of Bonita Springs Ms. Connie Jarvis City of Cape Coral Ms. Melanie Grigsby City of Fort Myers Hon. Joseph Kosinski Town of Fort Myers Beach Hon. Linda Yates City of North Port Hon. Charles Wallace City of Punta Gorda Hon. Mick Denham City of Sanibel Hon. David Sherman City of Venice Mr. Mike Britt City of Winter Haven COUNTIES AGENCIES Hon. Christopher Constance Ms. Patricia M. Steed Charlotte County Central Florida Regional Planning Council Vacant Desoto County Hon Grady Johnson Hardee County Hon. Brian Bigelow Lee County Hon. Michael Gallen Manatee County Hon. Bob English Polk County Hon. Jon Thaxton Sarasota County Dr. Philip Stevens Florida Fish & Wildlife Conservation Commission Mr. Phil Flood South Florida Water Management District Mr. Don McCormick Southwest Florida Regional Planning Council Mr. Bryan Beswick Southwest Florida Water Management District Manaizement Committee Co- Chairs Mr. Robert Howard Ms. Whitney Gray U. S. Environmental Protection Agency, Region 4 Southwest Florida Regional Planning Council Technical Advisory Committee Co- Chairs Mr. Greg Blanchard Mr. John Ryan Ms. Elizabeth Staugler Citizens Advisory Committee Co- Chairs Mr. Warren Bush Mr. Kayton Nedza Staff Dr. Lisa B. Beever, Director Ms. Elizabeth S. Donley, Esq., Deputy Director Ms. Maran Brainard Hilgendorf, Communications Manager Ms. Judy Ott, Program Scientist 1611 A7 Table of Contents Purpose and EPA Guidance ......................................................... ..............................1 Summary of Program Accomplishments ..................................... ..............................2 PriorityChanges ........................................................................................... ............................... 8 FinalFYI Travel ........................................................................................ ............................... 9 Task 1: Management Conference and Administration .............................. ............................... 10 Task2: Public Outreach ............................................................................. ............................... 14 Task3: Research ........................................................................................ ............................... 19 Task4: Restoration .................................................................................... ............................... 22 Task 5: Advocacy and Legislative Action ................................................. ............................... 26 Administrative and Financial ...................................................... .............................31 Descriptionof Grants ................................................................................. ............................... 31 PublicOutreach Grants .............................................................................. ............................... 31 Listof Staff ................................................................................................ ............................... 35 Total Leveraged in FYI (as reported for GPRA) .................................... ............................... 37 FYI Travel Documentation ..................................................................... ............................... 41 FYI Travel Documentation ..................................................................... ............................... 42 WorkplanBudget ........................................................................ .............................43 Income........................................................................................................ ............................... 43 FYI2 Budget Amendment ......................................................................... ............................... 45 FYIBudget ................................................................................................ .............................46 Table 21: Summary Public Education and Information Projects List ....... ............................... 49 Table 22: Summary Technical Projects List .............................................. ............................... 50 ^. GLOSSARY OF ACRONYMS BMAP Basin Management Action Plan BMP Best Management Practice CAC Citizens Advisory Committee CAMA Coastal and Aquatic Managed Areas CCHMN Coastal Charlotte Harbor Monitoring Network CCMP Comprehensive Conservation and Management Plan CFRPC Central Florida Regional Planning Council CHEC Charlotte Harbor Environmental Center CHEVWQMN Charlotte Harbor Estuaries Volunteer Water Quality Monitoring Network CHNEP Charlotte Harbor National Estuary Program CH -RAMP Charlotte Harbor- Regional Ambient Monitoring Program CWPRA Coastal Wetlands Planning, Protection and Restoration Act CZM Coastal Zone Management EAR Evaluation and Appraisal Report EPA Environmental Protection Agency FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FWC Florida Fish & Wildlife Conservation Commission FWRI Fish and Wildlife Research Institute GIS Geographical Information System GPRA Government Performance and Results Act HAS Hydrological Alterations Subcommittee HCS Habitat Conservation Subcommittee LID Low Impact Development MFL Minimum Flows and Levels NRCS Natural Resources Conservation Service NEP National Estuary Program NOAA National Oceanic and Atmospheric Administration NWR National Wildlife Refuge PIVOT Performance Indicators Visualization Outreach Tool PLRG Pollutant Load Reduction Goal PR/MRWSA Peace River/Manasota Regional Water Supply Authority R &R Research and Restoration RPC Regional Planning Council SFWMD South Florida Water Management District SRPP Strategic Regional Policy Plan SWFWMD Southwest Florida Water Management District SWFRPC Southwest Florida Regional Planning Council SWIM Surface Water Improvement Management SWUCA Southern Water Use Caution Area TAC Technical Advisory Committee TBRPC Tampa Bay Regional Planning Council TMDL Total Maximum Daily Load USACOE United States Army Corps of Engineers USF &WS United States Fish and Wildlife Service USGS United States Geological Service WCIND West Coast Inland Navigation District WMD Water Management District WQ Water Quality WQQOS Water Quality Quantifiable Objectives Subcommittee �i Purpose and EPA Guidance X611 A A7 i 111-N This document provides annual financial and task -based information to meet federal workplan requirements. The focus of this workplan continues to be the implementation of the Comprehensive Conservation and Management Plan (CCMP). On March 4, 2002, Suzanne Schwartz, Director of the Oceans and Coastal Protection Division of the Environmental Protection Agency (EPA) issued guidance for the development of the FY 03 Workplans prepared by the nation's NEPs. For ease of use, new requirements were shown in bold text. New guidance requirements included special grant condition regarding the use of travel funds and Government Performance and Results Act (GPRA) reporting. NEPs were also to have an Implementation Tracking System, Environmental Progress Report and Environmental Indicators in place by 2006. Furthermore, additional information (success stories) is expected for accomplishments of the past year. According to the guidance, NEP Workplans must include the following items: Goals and Accomplishments: 1. A description of program accomplishments (programmatic, environmental, etc.) and transferable success stories made during the past year; 2. A discussion of which goals were achieved; 3. Discussion of major goals /focus for the coming year and any changes in priorities; Ongoing Projects: 4. Status of projects that are ongoing from previous year. This shall include a summary of the deliverables and associated milestones or completion delivery dates, project name or CCMP action, the cost, and organization responsible; New Projects: 5. A description of new projects, activities, or products to be produced in coming year(s) to meet those goals, a discussion of how they are linked to CCMP action plans or seven purposes of section 320, milestones and/or completion/delivery dates for new tasks, cost of the project, activity, or product, and the source of funds to carry it out; 6. Organization responsible for each new project/activity /product and the role of any partners in their development/use; Administrative and Financial: 7. List of staff and description of their responsibilities /activities; 8. A description of Grants provided from the NEP to local entities. This should include the amount provided, organization conducting the work, purpose, deliverables, and completion dates; 9. Total funds leveraged (section 320 and others) and their source; 10. The non - Federal cost share (match) and its source (specify in -kind or cash from particular entity; if in -kind, indicate type - e.g., office space); if staff, please specify individual, their position and employer, and an estimated dollar value of their contribution to the match; and 11. Travel Documentation. n Charlotte Harbor National Estuary Program 1 FY 12 Workplan- 5/21/2012 no 1611 A7 if Summary of Program Accomplishments Fiscal Year 2011 This section corresponds to parts 1 through 3 of the EPA Workplan Guidance. Highlights Water Atlas The purpose of the Water Atlas is to implement a Charlotte Harbor National Estuary Program ( CHNEP) Water Atlas Implementation Project that consolidates surface water related information from multiple agencies and disseminate the information to the public, decision makers, and scientists. The CHNEP Water Atlas will be available as an interactive website designed to make science and watershed management understandable to all readers. The Atlas will serve as an archive of historical data and a continuously improving reference for new water resource information. Climate Ready Estuaries • Completed development of Climate Change Conceptual Ecological Models (CEM). The primary objective of this project is to develop a CEM (or several) that will be used by CHNEP partners to identify restoration techniques that reduce stressors and thereby either avoid, minimize, and/or mitigate climate change effects on natural systems or increase the resiliency of those natural systems to climate change effects. A journal article will be developed for publication. Watershed Summit The Charlotte Harbor National Estuary Program conducted its triennial watershed summit on March 29 — 30, 2011. The Summit was available via webcast and included over 60 oral and poster presentations of research and restoration projects conducted within the Charlotte Harbor NEP Study Area. An important feature of the Summit is the opportunity for all presenters to submit their research for publication in a special issue of the peer - reviewed Florida Academy of Sciences periodical Florida Scientist The Charlotte Harbor Seven - County Watershed Report • The Watershed Report reviews the CHNEP's progress in implementing the Comprehensive Conservation and Management Plan (CCMP) as reflected in environmental conditions. It is presented in layman's terminology and supplemented with graphical interpretations. The CHNEP partners provided the data, analysis and guidance towards the development of the Watershed Report. In August 2011, the Watershed Report was distributed as a special issue of Harbor Happenings to nearly 11,000 subscribers of the CHNEP newsletter. An additional 6,000 copies have been distributed to partners and information repositories throughout the seven - county watershed. Each issue is also available from www. CHNEP.org/HarborHappenings.html as a PDF file. Charlotte Harbor National Estuary Program 2 FY 12 Workplan- 5/21/2012 I 6 1141 � CHNEP Shellfish Restoration Needs Workshop ^ • The CHNEP organized and conducted a Shellfish Restoration Needs Workshop on February 24, 2011. This workshop provided a forum to facilitate collaboration among permitting staff and restoration practitioners to advance oyster reef restoration in Charlotte Harbor and other SW Florida estuaries. Information and perspectives were shared to advance ecological oyster reef restoration; to share information to increase understanding of the permitting rules that govern oyster reef restoration; and to develop a continuing dialog to enhance communication on oyster reef restoration permitting issues between the permitting agencies and practitioners. Clean Water Act Core Program Support The Charlotte Harbor National Estuary Program supports the Clean Water Act (CWA) core programs through direct funding of projects, staff assistance to partners and partner activities. Provided below are representative activities of CHNEP support for CWA core programs during FYI 1. • Water Quality Standards CHNEP working with the Tampa Bay and Sarasota NEPs developed recommendations for Numeric Nutrient Criteria for Estuarine waters of southwest Florida. Project deliverables included reports defining the estuarine segmentation scheme, seagrass targets, water clarity targets, pollutant loadings and numeric nutrient criteria which was sent to EPA and FDEP. • Water Quality Monitoring The CHNEP participates in the Coastal Charlotte Harbor Monitoring Network ( CCHMN) ,,--N monthly probabilistic sampling in the estuarine and tidal waters of the study area. Annual field monitoring audits are conducted by CHNEP staff of the field sampling partners. Results of the field audits and potential corrections are discussed at an annual meeting of field and laboratory partners. Recent changes were made in field methods for monitoring light availability to decrease variability in results. The CCHMN data are entered into the state and federal STORET water quality data base. The CHNEP also participates in the Regional Ambient Monitoring Program which holds quarterly meetings. RAMP participants share current water quality field and laboratory issues and conduct quality assurance field sampling and laboratory analyses. The CHNEP provides on -going support to CHEVWQMN in the form of direct staff support. CHNEP staff serve as one of the volunteer coordinators, assisting with annual quality control training, quality control compliance and monthly water quality monitoring. The CHEVWQMN data generated are uploaded into the Florida STORET database. • Controlling Non -Point Sources CHNEP staff presented information concerning the benefits of the local fertilizer ordinances to a variety of audiences this past year. The CHNEP continues to work with local citizens, and local governments to identify funding sources for water treatment of impaired neighborhood lakes and ponds. The CHNEP hosted State of the Science on Phosphate Mining and the Environment. This State of the Science Conference aimed to present current and detailed scientific information Charlotte Harbor National Estuary Program 3 FY 12 Workplan- 5/21/2012 1611 A7: +! ~ about the environmental effects and reclamation of phosphate mining in Florida, with an emphasis on revealing data gaps, information needs, and conclusions from existing studies or research. Presentations focused on scientific, economic, and technical issues only, with an overview of the broader issues and geographic setting to be discussed as the first presentation. Existing information was featured, as well as emerging site - specific studies. • Supporting Sustainable Wastewater Infrastructure No relevant projects in FY2011 Public Outreach • FYI marked the fourth year that C14NEP distributed its book Adventures in the Charlotte Harbor Watershed: A Story of Four Animals and their Neighborhoods. The book is given to each student at one grade level in seven School Districts. The books were given to students in either the third, fourth or fifth grade as selected by each School District. • CHNEP published its 2012 calendar of images that display the beauty of the natural environment. This year 180 people donated 490 images for consideration. The public helped select the images by completing an online survey. A total of 30,000 copies of the 2012 calendar were distributed. • CHNEP expanded use of webcasts and on -line tools to enable partners throughout the study area to participate in meetings and workshops they would otherwise be unable to attend. • Partners completed 55 outreach projects in the watershed funded by CHNEP with a micro -grant (47) or public outreach grant (8). • The CHNEP helped offer a four -part eco -tour operator program and three workshops for law enforcement. • Videos were created with 18 experts of the animals that live in the estuaries. The videos will be broadcast by WGCU Public Media, posted on YouTube and made available to government access channels, libraries and others. • The CHNEP received an invitation to create an exhibit at Lee County's Northwest Regional Library. The CHNEP was invited because it is an "organization that could enrich our community. The CHNEP came to mind as a great organization whose mission serves our region by addressing issues important to us now and into the future." The CHNEP exhibit will run from January 3 to February 15, 2012 and includes nine presentations. • The CHNEP recognized an outstanding student project at the Alva Edison Kiwanis Science and Engineering Fair whose work helps fulfill the CCMP. In 2011 -12 the CHNEP hopes to recognize a project at each of the five science fairs held in the CHNEP study area. The student selected receives a certificate, $100 and is asked to submit an article for the website and a profile of the student's work will be included in Harbor Happenings. During the years (2011, 2014, etc.) the CHNEP holds the Charlotte Harbor Watershed Summit, the students will also be invited to exhibit at the summit. Program Evaluation The CHNEP underwent its triennial Program Evaluation in FYI 1. Charlotte Harbor National Estuary Program 4 FY 12 Workplan- 5/21/2012 16 I 1 ,, 1. Other Accomplishments Management Conference The Management Conference is cited as the most important function of the CHNEP. It is composed of Policy, Management, Technical Advisory and Citizens Advisory committees. In support of the Management Conference function, the CHNEP prepares and implements a task - based budget with specific deliverables. A Science Forum was started in 2007 and continued through 2010. The Science Forum meets the morning of the TAC and includes presentations of recent science findings. Grants In 2003, a commitment to pursuing grant opportunities was implemented as a component of the Long Range Financial Strategy. Early successes included sheparding public support for the acquisition of the 72,000 -acre Babcock Ranch. In FYI 1, several grants were successfully obtained through CHNEP's grant applications efforts: • CHNEP assisted Charlotte County in developing its successful grant proposal Creation of an Urban Wetland. This project will educate the affected community about diminishing wetlands in Charlotte County's urbanized areas and the problems of impaired surface water and groundwater. This grant will facilitate a discussion with the community and the local government to cooperatively restore an urban wetland and create a multifaceted 'environmental park' on one of the last undeveloped parcels in Port Charlotte, the largest urbanized area of Charlotte County. Because of its central location, proximity to three public schools and relatively natural condition, the 13 -acre site lends itself to encouraging public /private partnerships in developing solutions for local environmental and public health issues. • The CHNEP partnered with its host agency, the SWFRPC, to submit to EPA Region 4 the successful grant proposal entitled: Development of a functional assessment method to evaluate the water quality benefits of wetland restoration and designed freshwater and brackish water ecosystems used for water quality treatment. Outreach The CHNEP is continuing the publication of its newsletter, Harbor Happenings, the annual calendar, and its website www.CHNEP.org. CHNEP staff and committee members have provided presentations at a variety of venues and on a variety of topics. • Published three regular issues of the program newsletter Harbor Happenings on the "happenings" of concern to the CHNEP on a wide variety of topics, including latest research findings, restoration accomplishments, changes in legislation, upcoming events and information about CHNEP's partners, including the water management districts. Each issue of the 16 -page color newsletter was provided to approximately 11,000 subscribers and another 3,000 copies of each issue were given out at events, by nature centers, libraries and other by other partners. Each issue is translated into Spanish and placed on the website at www. chnep .org/HarborHappenings.html. Published the Charlotte Harbor Watershed Report as the fourth issue. The CHNEP has hosted, or otherwise provided funding to support, a variety of workshops and events. The CHNEP expanded National Estuaries Days from a fall celebration to a year -round Charlotte Harbor National Estuary Program 5 FY 12 Workplan- 5/21/2012 ibia A 7 Estuaries Day, Every Day celebration. Numerous events were held by partners. The events listed are representative of events sponsored by CHNEP. • The annual Charlotte Harbor Nature Festival is hosted and sponsored by CHNEP with sponsor support from many local businesses, agencies, organizations and citizens. The festival is free because of this generous sponsor support and proceeds from an onsite raffle of exhibitor- donated items. An estimated 3,000 people attend to learn from approximately 60 nature -based exhibitors, guided walks and rides, talks, children's discovery zone and more. • CHNEP sponsored the annual Sustainable Communities workshop organized by Sarasota County. • CHNEP sponsored wading trips through local environmental education organizations to provide the public with opportunities to explore our estuaries first hand. In fiscal year 2011, 8 public outreach grants and 47 microgrants were completed by partners. These grants support events and projects that help fulfill the CCMP. A complete list of these awards is posted on the website at www.chnep.org /Grants /POGAwarded.html and www. chnep. org /Grants /Micro- grantsAwarded. html. Research The CHNEP conducts research through partners, contractors and by staff. The wide variety of research fills gaps in knowledge related to hydrologic alterations, water quality degradation and habitat loss. Research projects are chosen from a Research Needs Inventory adopted in 2004. The key element of the CHNEP research program completed during FYI I is the completion of the Water Quality Target Refinement s project in conjunction with the development of a Scope of Work for to proceed with optical model research. The FY2009 funded RRPP project entitled "Spectral and Epiphyte Attenuation Enhancement of Charlotte Harbor Optical Model," created a model that enabled researchers to establish the need for refined optical model to link the water clarity to chlorophyll and nutrient levels. Restoration CHNEP participated in federal and state initiatives to develop public /private partnerships to increase landscape scale conservation corridors for listed species habitat protection and restoration, as well as species migration to adapt to climate change conditions. In addition, the CHNEP Management Conference participated in reviewing and providing technical comments on the Minimum Flows and Levels developed by the Southwest Florida Water Management District for the Lower Peace River and Lower Myakka River. The Shellfish Restoration Workshop has led to the formation of separate scallop and oyster working groups. These working groups are actively indentifying restoration needs and pursuing partnership opportunities to fund resolution of data gaps and performance of restoration tasks. Research Coordination and Technology Transfer In addition to other projects, CHNEP staff continues to participate with federal and state agencies and non -profit conservation organizations to develop landscape scale conservation corridors for species habitat protection and climate change adaptation and migration. The CHNEP also continues to participate in the South Florida Water Management District 2011 Lower West Coast Water Supply Plan development and committees. Charlotte Harbor National Estuary Program 6 FY 12 Workplan- 5/21/2012 1611 1--N, In FY 11, Science Forum presentations of emerging technical issues were included with the TAC and subcommittee meetings to facilitate the exchange of technical information of interest to scientists and resource managers throughout the CHNEP study area. Technical topics discussed included: • Watershed Analysis of Permitted Coastal Wetland Impacts and Mitigation Methods within the CHNEP Study Area • Lemon Bay Fisheries Independent Monitoring Results • Winter Haven Chain of Lakes Management Plan • Restoration of Native Ground Cover on Sanibel • Peace River Submerged Aquatic Vegetation Study • Fort Myers Beach Resolution Requesting Development of Estero Bay Optimal Flows and Levels • PRMRWSA Proposed Modification of Water Use Permit for Peace River Withdrawals • SWFWMD 2010 Seagrass Aerial Mapping Results • SCCF Beach Strandings Observing Network • CHNEP Climate Change Conceptual Ecological Model • Revised Watershed Analysis of Permitted Coastal Wetland Impacts and Mitigation Methods within the CHNEP Study Area • CHNEP Water Atlas Beta Version • CHNEP Scoping Comments on Central Florida Phosphate District Areawide Environmental Impact Statement CHNEP program presentations: • Water and Life: Charlotte Harbor NEP • Bailey- Matthews Shell Museum: Charlotte Harbor National Estuary Program Partnership to protect the natural environment in Florida from Venice to Bonita Springs to Winter Haven • Museum of the Islands: What is the Charlotte Harbor National Estuary Program • Saint James City Civic Association: What is the Charlotte Harbor National Estuary Program Technical presentations, workshops and meetings: • FLERA, Shellfish Habitat Process, July 28, 2011 • Myakka River Coordinating Council, Urban Fertilizer Ordinances, September 16, 2011 • Myakka River Coordinating Council, The State of the Charlotte Harbor Estuaries and Watersheds, September 16, 2011 • City of Punta Gorda, City Council, Urban Fertilizer Ordinances, February 16, 2011 • Punta Gorda Garden Club, January 19, 2011 • Southwest Florida Audubon, Climate Change Planning in Southwest Florida, January 20, 2011 • Issues Overview: The Peace River, Myakka River and Charlotte Harbor Watershed, State of the Science on Phosphate Mining and the Environment, March 28, 2011 • State of the Charlotte Harbor Estuaries and Watersheds, CHNEP Watershed Summit, March 30, 2011 Charlotte Harbor National Estuary Program 7 FY 12 Workplan- 5/21/2012 1611 A7 An evaluation of the performance of three wetlands functional assessment methods, WRAP, UMAM, and HGM, in the coastal wetlands of the Charlotte Harbor National Estuary Program coastal watersheds, CHNEP Watershed Summit, March 31, 2011 Advocacy and Review From time to time, CHNEP advocates positions to protect the watershed and estuaries. Toward this end, the following letters were forwarded in FYI 1: • CHNEP Support for Aquatic Preserve Funding to the Florida State Legislature • Support for NEP funding within the FY2011 EPA budget. Letters of Support drafted and transmitted for the following: • Proposal submitted by George Raber of the University of Southern Mississippi (USM) and The Nature Conservancy (TNC) entitled: Coastal Resilience Gulf of Mexico — methods, data, and web -based mapping applications to inform coastal communities on the risks of sea level rise • Section 319 Grant Application for FY 2011 Letter of Commitment: Lee County Hendry Creek OSTDS project • Section 319 Grant Application for FY 2011 Letter of Support for Charlotte County Utilities' Revitalizing the Impaired Waters of Charlotte Harbor • Gulf of Mexico Hydrological Restoration Project: Smokehouse Bay Preserve, Lee County, FL • Letter of support EPA STAR Program, for USF grant proposal: Water quality after extreme storm events in a mangrove - rimmed estuary: using optical models to assess the impact of increased CDOM on seagrasses • Proposal submitted by the City of Winter Haven: FY11 EPA Region 04 Wetland Program Development Grants (EPA- REG04- 11- WPDG): Using wetlands science to develop non - structural controls and tracking tools for the restoration and protection of wetlands in the Peace Creek • Proposal submitted by the SWFRPC: FYI EPA Region 04 Wetland Program Development Grants (EPA- REG04- 11- WPDG), Development of a functional assessment method to evaluate the water quality benefits of wetland restoration and designed freshwater and brackish water ecosystems used for water quality treatment • Lee County Conservation 2020 Gulf of Mexico Foundation proposal to conduct habitat restoration on a portion of 265 acres of the Galt Preserve • Mote Marine Lab proposal to the Atlantic Coast Fish Habitat Partnership entitled: Restoration of Essential Habitats for Juvenile Tarpon and Snook • City of North Port's the third annual Southwest Florida Green Futures Expo • Mote Marine Lab proposal to the Gulf of Mexico Foundation entitled: Restoration of Essential Habitats for Juvenile Tarpon and Snook • Southwest Florida Water Management District's Lower Myakka Minimum Flows and Levels. Priority Changes There were no significant priority changes enacted by the Management Conference in 2009. Charlotte Harbor National Estuary Program 8 FY 12 Workplan- 5/21/2012 16 11 A7 - -- Final VV11 Travel - - Table 1 details travel expenditures for FYI 1. Travel included attendance of at least two staff members at each ANEP meeting. Table 1: Training and Conference Travel Fiscal Year 2011 Charlotte Harbor National Estuary Program 9 FY 12 Workplan- 5/21/2012 Travel Reg. Length of Mode/Est. Fee Date Purpose # Travelers Location Stay Cost total Total Cost 11/2-3, Meet with EPA Washington 2010 re: NNC 1 DC 2 Air /$371 0 $740 November ANEP Annual 2010 Meeting 4 Punta Gorda 4 days Auto waived $300 Florida November Association of 2010 Bentholo fists 1 Tampa, FL 3 days Auto $140 $375 Florida Social Marketing Jan 2011 Committee 1 Ocala, FL 2 Auto /$220 $0 $330 Gainesville, Jan 2011 SCENE 1 FL 2 Auto /$240 $0 $400 NEP/EPA Spring Washington, Feb 2011 Mt g- 2 DC 4 days Air /$520 $300 $2100 Statewide mtg. Spring Gulf of Mexico Tallahassee, 2011 Program 1 FL 4 days Auto /245 $0 $675 Aug 2011 FLERA 1 Florida 3 days Auto $100 $600 US EPA Community July 18 -20, Involvement Washington, 2011 Conference 1 DC 5 days Air /$300 $250 $1,500 FYI I Local /other Travel 4 Various <1 day Auto $0 $6651 Total $13,671.00 Charlotte Harbor National Estuary Program 9 FY 12 Workplan- 5/21/2012 n 1611 A7 4 Workplan Projects for FY12 and FY13 Task 1: Management Conference and Administration One of the most important services that the CHNEP provides to its partners is providing a venue to share information regarding habitat, hydrologic, and water quality protection. This venue is the C14NEP Management Conference. The Conference is composed of four committees including Policy, Management, Technical Advisory, and Citizens Advisory Committees and their various subcommittees. Subtasks include: 1.1 Management Conference 1.2 General Administration 1.3 Grants and Contracts Administration Workplan Management Goals: Management Conference: Conduct quarterly meetings of each of the 4 committees each year. These active and engaged citizens, scientists, resource managers, elected officials and others are the core of the CHNEP. The communication provided between citizens, scientists and governments is the greatest benefit provided by CHNEP and organizes implementation of the entire COMP, particularly SG -2 related to policy advice for a cost of $130,000 annually. Fiscal and Personnel Responsibilities: Comply with all requirements of incoming grants and fiscal /personnel policies of the host agency, SWFRPC. Approximately 20 grant reports are required each year. All such management costs approximately $50,000 annually. Charlotte Harbor National Estuary Program 10 FY 12 Workplan- 5/21/2012 16 1 1.1 Management Conference Objective: To provide a committee structure that supports the implementation of the Comprehensive Conservation and Management Plan (CCMP). Rationale: The Management Conference is the core of the CHNEP. Committee members have cited the Management Conference as the most valuable function the NEP has to offer. Management Conference meetings provide members the ability to share best practices, influence the policy of many jurisdictions and accomplish the implementation of the CCMP. Funding under this program goes toward staff support to prepare agenda packets, budgets, required EPA reporting and other related tasks. Under Section 320 of the Clean Water Act, the CHNEP is required to convene a Management Conference for the seven purposes delineated at §320(b). Description: The primary committees of the CHNEP include the Policy Committee, the Management Committee, the Technical Advisory Committee (TAC), and the Citizens Advisory Committee (CAC). In addition, each committee has subcommittees. The committees and subcommittees each receive an agenda packet. Committee meetings and subcommittees where two or more elected officials attend are advertised in accordance with state law. Committees meet at various locations within the watershed, necessitating the occasional meeting space cost. In 2004, the management conference elected to pursue a Memorandum of Agreement (MOA) or similar instrument defining roles and actions of CCMP signatories to CCMP implementation, pursuant to the CCMP Update procedures. However, due to the recent, significant economic downturn with the Study Area, the Policy Committee delayed pursuit of the MOA during 2008/2009. During FYI 1, the 5-year CCMP update cycle commenced. FY12 Deliverables: Target Dates: • Agenda Packets for committees and subcommittees ■ Mail one week before meeting • Advertising and meeting space ■ Advertise on -line minimum of one week preceding date • Adoption of FYI Workplan ■ May 2012 • Workplan Tracking System Update ■ October 2012 • Evidence of extending CHNEP partnership ■ September 2012 • Priority Action GPRA Report ■ September 2012 • Travel to ANEP ■ November 2011 & Feb. 2012 • Draft Interlocal Agreement distributed for review ■ September 2012 • CCMP Gaps and Priority Analysis ■ March 2012 FY13 Deliverables: Target Dates: • Agenda Packets for committees and subcommittees ■ Mail one week before meeting • Advertising and meeting space ■ Advertise on -line minimum of one week preceding date • Adoption of FYI Workplan ■ May 2013 • Evidence of extending CHNEP partnership ■ September 2013 • Priority Action GPRA Report ■ September 2013 • Travel to ANEP ■ November 2011 and February 2013 • Final Interlocal Agreement distributed for adoption ■ February 2013 • CCMP Update ■ March 2013 Charlotte Harbor National Estuary Program 11 FY 12 Workplan- 5/21/2012 16 11 'A7 •, 1.2 General Administration and Supplies Objective: To support necessary administration of the CHNEP. Rationale: NEP's in general are hosted by another agency. In CHNEP's case, it is the Southwest Florida Regional Planning Council (Council), another inter jurisdictional decision - making body. Though the CHNEP Policy Committee sets CHNEP's programmatic policies, the Council establishes its personnel and purchasing policies and administrative processes. This task provides the necessary funding for CHNEP to implement those policies and processes. Description: General administration includes general staff functions such as staff meetings. Supplies such as postage, rentals, telephone, computer /graphic supplies are included in this task. Unforeseen expenses that are at the Director's discretion such as cellular telephone, special computer equipment or software, training materials, subscriptions, memberships, etc. are included. The CHNEP was chosen in both FY09 and FYI for in -depth audit of grants compliance. The CHNEP was deemed in compliance by the auditors. FY12 Deliverables: Target Dates: ■ FYI Audit Report ■ February 2012 FY13 Deliverables: Target Dates: ■ FY 12 Audit Report ■ January 2013 Charlotte Harbor National Estuary Program 12 FY 12 Workplan- 5/21/2012 1611 Q7 A 1.3 1 Grants and Contracts Administration - Objective: To implement the CCMP by ensuring compliance with awarded grant requirements, including reporting and invoicing. Rationale: The annual EPA Assistance Grant, and the grants, contracts and purchase orders through which CHNEP partners fund the program contain reporting and invoicing requirements that must be fulfilled. This task supports both the compliance with these requirements and efforts to seek and apply for additional funds from various sources in order to fund the CHNEP to implement the CCMP. Description: Ensure compliance with awarded grants, and cooperative assistance agreements from Federal, state, local agencies and private sources. Develop and submit quarterly progress reports and final project reports as required. Invoice funding source as required, ensure successful project progress and completion. Search for funding for projects that support the CCMP. This task also supports staff time for the management of grants that do not include administrative support in the award, such as the FDEP annual assistance grant Staff has closed -out one of the EPA Assistance Grants and continues to work with partners to streamline invoicing tasks. FY12 Deliverables: Target Dates: • Quarterly Progress Reports as required ■ January, April, July, October • Final Reports (financial close out, work products) ■ As Required • Invoices for payment ■ As Required FY13 Deliverables: Target Dates: • Quarterly Progress Reports as required ■ January, April, July, October • Final Reports (financial close out, work products) ■ As Required • Invoices for payment ■ As Required Charlotte Harbor National Estuary Program 13 FY 12 Workplan- 5/21/2012 mom 1611 A7 Task 2: Public Outreach Public outreach is a critical component of implementing the CCMP. Required aspects of the CCMP include outreach to various publics. Subtasks include: 2.1 Communications/Publications 2.2 Events /Outreach 2.3 Public Outreach Grants 2.4 Micro - Grants Workplan Outreach Goals: • Harbor Happenings newsletter: More than 12,000 copies of Harbor Happenings are distributed quarterly in print form and others view it as a PDF file on the website at www. chnep .org/HarborHappenings.html. It is one of the main ways the CHNEP reaches interested citizens, private agencies and governments. The newsletter works in conjunction with www.chnep.org. The newsletter and website provides a wide variety of information including upcoming events, recent scientific findings, new restoration projects, policies, and ways for citizens to become more involved. The newsletter implements SG -1 related to resident knowledge and understanding of the watersheds and estuaries and SG -4 related to meaningful information for a cost of $29,000. • Calendar: CHNEP distributed more than 28,000 copies of its gorgeous 2011 annual calendar and 30,000 copies of its 2012 calendar. The calendars are posted as PDF files at www.chnep.org /calendars.html. It is based on an artwork competition which features the beauty of the study area's natural environment. Each month features an image selected in part by a website survey, additional images and information. The calendar has substantially increased interest in the CHNEP and subscriptions to Harbor Happenings. The competition supplies CHNEP with a variety of striking images for a wide variety of purposes. It is a source of donations. The calendar implements SG -1 related to resident knowledge and SG -4 related to meaningful information for a cost of $29,000. • Children's Book: In 2001, a children's book was identified as a major gap in available public outreach information. Through a partnership with each of the seven school districts, a copy of a splendid Adventures in the Charlotte Harbor Watershed: A Story of Four Animals and Their Neighborhoods developed by local creative people for CHNEP is distributed to every student at one grade level (district's choice of third, fourth or fifth grade). For many children, it is the first book they ever owned themselves! Scientific sidebars were written by many local scientists and educators. Teachers are now working with CHNEP to develop curricula and other resources. Opportunities have been developed for children to meet the author and Lee County School District created 16 videos based on the book. The distribution of 20,000 copies annually implements SG -1 related to resident knowledge and understanding of the watersheds and estuaries for a cost of $20,000. • Public Outreach Grants and Micro rants: Grants broaden participation of individuals and groups to implement the CCMP. Approximately 10 public outreach grants and 50 microgrants are offered annually to garner the creativity and enthusiasm of people to improve water quality, hydrology, habitat and stewardship in the study area. Public Outreach Grants are selected by Citizens Advisory Committee members. Staff improves and approves grant requests. Grants help implement the entire CCMP at a cost of $42,000 annually. Charlotte Harbor National Estuary Program 14 FY 12 Workplan- 5/21/2012 n_ 2.1 1 Comm unications /S ecial Publications Objective: To provide essential ongoing communications so that the CHNEP can address specific requirements and issues associated with the Comprehensive Conservation and Management Plan (CCMP). Rationale: SG -1 requires communication with the public. Key methods are through the website, quarterly newsletters and special publications. Special publications that reach new audiences, capture the imagination of citizens and broaden our partnerships are tested and improved upon. The annual calendar is very popular, routinely brings in the most number of donations to the program and expands the knowledge of citizens who do not normally participate in our programs. The children's book reaches every child in a certain age class within the study area's public schools stem. Videos reach the broad television and Internet viewing public. Description: Communication techniques vary. Specific techniques are identified in the CCMP. The quarterly newsletter Harbor Happenings covers watershed issues, events and updates on Program activities and progress made toward implementing the CCMP. The newsletter was expanded to 16 pages in 2009 with a poster in each issue. Contributions by program partners and distribution are expected to continue to increase. The program website, www.CBNEP.org, provides a wide array of technical and public outreach information. It has become an important link between the CHNEP and its varied audiences. Working with the broadcast, print and Internet media is a cost effective method of increasing the public's awareness and understanding of CHNEP and issues of concern. Videos are developed as outreach tools to reach specific audiences with specific messages. Outreach assistance serve many purposes, including extending staff and providing students with learning opportunities. This task also covers the cost of printing /producing such things as collateral materials (business cards, letterhead), displays, reprinting of resources such as posters and publications as well as postage for mailings. The Program's strategic communication plan incorporates community-based social marketing. FY12 Funded Deliverables: Target Dates: • Quarterly Newsletter ■ January, April, July, September • Website ■ Ongoing • 2012 Calendar ■ October 2011 • Children's book ■ February 2012 • Videos ■ January 2012 • Collateral, Displays, Reprintings, etc. ■ Ongoing • Outreach Assistance ■ Ongoing • Citizens BMP/New Residents' Guide ■ August 2012 • State of the Estuaries and Watersheds ■ August 2011 • Environmental Places Map ■ August 2012 FY13 Funded Deliverables: Target Dates: ■ Quarterly Newsletter ■ April, July, September, January ■ Website and FTP site ■ Ongoing ■ 2013 Calendar ■ October 2012 ■ Children's Book ■ February 2013 ■ Collateral, Displays, Reprintings, etc. ■ Ongoing ■ Strategic Communication Plan initiative ■ August 2013 Charlotte Harbor National Estuary Program 15 FY 12 Workplan- 5/21/2012 AA` .10"N' 1611 p7 2.2 1 Events /Outreach Objective: To provide events and outreach programs to address specific requirements associated with implementation of the Comprehensive Conservation & Management Plan CCMP . Rationale: Events involve people in the stewardship of their local natural resources. All events are developed in a collaborative way and typically receive funding from a broad partnership. They are developed to fill gaps in opportunities that are provided within the watershed. Description: National Estuaries Days will be celebrated with our partners as Estuaries Day, Every Day. The twelfth annual Charlotte Harbor Regional Nature Festival was held November 19, 2011. The next festival will be held November 17, 2012. CHNEP works with NOAA and others to bring a professional development opportunity to area public outreach and environmental education specialists. Each year since 2003 CHNEP works with an area partner to bring a public workshop, tailored to a particular community's needs. Florida Friendly programs are a priority of CHNEP. Opportunities to supplement Conservation Landscaping efforts with partners will continue. Opportunities to target audiences as identified in the CCMP will continue. FY12 Deliverables: Target Dates: • National Estuaries Days/Estuaries Day, Every Day ■ Ongoing • Charlotte Harbor Nature Festival ■ November 19, 2011 • Sustainable Communities Conference ■ October 6, 2011 • CHNEP Environmental Education Program ■ December 2, 2011 • Conservation Landscaping Programs ■ Ongoing • Guides, workshops, etc. to target audiences • Ongoing FY13 Deliverables: Target Dates: • National Estuaries Days/ Estuaries Day, Every Day ■ Ongoing • Charlotte Harbor Nature Festival ■ November 17, 2012 • Sustainable Communities Conference ■ October 2012 • Professional Development Workshop ■ Ongoing • Public Workshop ■ Ongoing • Conservation Landscaping Programs ■ Ongoing • Guides, workshops, etc. to target audiences ■ Ongoing Charlotte Harbor National Estuary Program 16 FY 12 Workplan- 5/21/2012 16 t -2.3- 1 __Public Outreach Grants Objective: To support CHNEP partners public outreach initiatives to further the Comprehensive Conservation and Management Plan (CCMP). Rationale: Public outreach grants broaden participation of individuals and groups for implementation of the CCMP. Often, the best public outreach grant ideas are replicated elsewhere in the watershed, at no cost to CHNEP. Description: Public Outreach Grant projects occur in the CHNEP study area and facilitate public education of environmental issues identified in the CCMP. Projects are typically completed in one year. No matching funds are required and the maximum funding per project is $5,000. The guidance document to apply for a public outreach grant is approved and disseminated by December of each year with applications due the following September. Draft applications are reviewed by staff and final applications are reviewed by the CAC Grants Committee. The CAC Grants Committee recommends applications for funding to the CAC, who makes recommendations to the Program Director. Funding decisions may be made as early as October. This timing allows teachers to apply at the beginning of the school year for work that can be done that same year. Projects may begin once a contract is signed and notarized by both parties. Information on all the projects funded with a grant is posted on the website at www.chne .or /Grants.html. FY12 Deliverables: Target Dates: • Public Outreach Grants (POG) FYI Guidance ■ December 2011 Document ■ Selected October 2012 • Approximately 10 public outreach projects • Completed August 2013 FY13 Deliverables: Target Dates: • Public Outreach Grants (POG) FY14 Guidance ■ December 2012 Document ■ Selected October 2013 • Approximately 10 public outreach projects ■ Completed August 2014 Charlotte Harbor National Estuary Program 17 FY 12 Workplan- 5/21/2012 1 /1. 16I1AT � °M 2.4 1 Micro - Grants Objective: To provide year -round support of C14NEP partners public outreach initiatives that further the Comprehensive Conservation and Management Plan CCMP . Rationale: Micro - grants are a wonderful way for individuals or groups with a good idea that needs just a little bit of funding to implement that idea. It is a way to harness the creativity of people and test ideas. Description: One of the four Public Education Goals is "to establish and maintain environmental educational efforts with organizations, educational centers, and government agencies." This project is also known as "micro- grants" which provide up to $250 to support immediate public outreach opportunities. These funds allow the Program Office to respond to requests as they arise. The applicants provide audiences with information about CHNEP. Awards are granted under the Director's authority to implement the CCMP. Information on all the projects funded with a grant is posted on the website at www.chne .or /Grants.html. FY12 Deliverables: Target Dates: ■ Approximately 44 small, innovative projects ■ Available year round FY13 Deliverables: Target Dates: ■ Approximately 44 small, innovative projects ■ Available year round Charlotte Harbor National Estuary Program 18 FY 12 Workplan- 5/21/2012 1611 A 7 '1 -- - Task 3:- Research - Research and monitoring are critical tasks to address gaps in knowledge that are obstacles to good decision - making and to determine the conditions of the resources within the Charlotte Harbor watershed. Subtasks include: 3.1 Research Coordination 3.2 Targeted Research Workplan Research Goals: • Triennial Water Quality Status and Trends Analysis: The C14NEP completed a water quality status and trends analysis for data ending in 2001 and 2005. This project will be for data ending in 2010. Trends analysis is useful to identify waterbodies that meet water quality standards but are degrading; potential pollution sources for existing impairments; and success stories. Though more parameters are being analyzed than in past studies, the cost has gone down. Parts of this project were completed and others delayed due to completion of the FY09 Water Quality Target and Numeric Nutrient Criteria project. The Water Quality Status and Trends project will be completed in 2012 and helps to implement WQ -1 related to impaired waterbodies for $71,250. • Oyster Restoration Plan: Oysters serve as environmental indicators for the CHNEP, and shellfish restoration implements the FW -1 and Priority Actions relating to restoring native animal communities, and involving the public in habitat and wildlife issues and research, monitoring and restoration activities (FW -F, FW -P and SG -B). This project develop a CHNEP Oyster Restoration Plan, including maps of restoration areas, lists of optional restoration designs, and potential partners and funding needed for oyster restoration throughout the study area. the CHNEP Oyster Restoration plan will be developed in FY12 with partner support of $25,000. The Oyster Restoration Plan will be combined with a Scallop Restoration Plan being developed by regional partners into a C14NEP Comprehensive Shellfish Restoration Plan during FY13. • Florida Scientist Special Edition: Research and restoration findings presented at the 2011 CHNEP Watershed Summit will be published in a peer reviewed special issue of the Florida Scientist in FYI 3. • Water Atlas Maintenance: University of South Florida developed and launched the C14NEP Water Atlas in FYI with the Program Support, which is available at www.chnep.wateratlas.usfedu/The water atlas includes maps, data, events and reports from throughout the C14NEP study area, easily accessible to scientists and the public. Special features include water quality contour mapping, volunteer opportunities, graphing and mapping functions and CCMP tracking. Maintenance of the CHNEP Water Atlas continues to be a cost effective way to implement SG -3 related to data management and SG -4 related to making information meaningful to people for $50,000 each year during FY 12 and FY 13. • Water Clarity Estimating Tool and Spectral Model: The Charlotte Harbor specific spectral model will help implement WQ -2 related to site specific criteria that are protective of living resources. The model will be used to develop a tool for evaluating changes in water clarity and progress towards meeting numeric nutrient criteria for $80,000. Charlotte Harbor National Estuary Program 19 FY 12 Workplan- 5/21/2012 r 1611 p7 4 3.1 1 Research Coordination Objective: To coordinate resource monitoring approaches which assure availability of consistent, reliable, technically sound estuarine, freshwater, wetland and upland data throughout the CHNEP study area and to identify research needs that can be implemented through partnerships. Rationale: In order to protect and restore natural systems, sufficient region wide water quality, biological and physical data and analyses are needed to understand the status, trends and complex interactions of the systems. Activities focus on coordinating partner organizations to collect, analyze and communicate scientific information from throughout the CHNEP study area. Funding under this program supports staff coordination of data collection and monitoring efforts. Description: Coordinate and assist partners with water quality monitoring through the Coastal Charlotte Harbor Monitoring Network ( CCHMN), Charlotte Harbor Estuaries Volunteer Water Quality Monitoring Network ( CHEVWQMN), and Regional Ambient Monitoring Program (RAMP). Assist FDEP, SFWMD and SWFWMD with seagrass transect monitoring and mapping. Assist Sea Grant with scallop monitoring. Participate in the Southwest Florida Tidal Creek, Seagrass, Oyster and Scallop Working Groups. Identify opportunities for partners to fill gaps and enhance consistency in water quality, vegetation and shellfish data. Support FWRI independent fisheries monitoring throughout the region, including Estero Bay and Lemon Bay. Provide partners with natural resource data and analyses from throughout the CHNEP for studies including: Southwest Florida Feasibility Study, Caloosahatchee River Watershed Protection Plan, Impaired Waters determinations, Minimum Flows and Levels and Water Supply Plans. FY12 Deliverables: Target Dates: • Conduct annual CCHMN field audits, reporting and meeting of partners. ■ May • Assist with monthly CCHMN water quality monitoring. 2012 • Review water quality procedures, methods and analytes to support water ■ Ongoing quality target development, implementation and evaluation. ■ Ongoing • Assist with monthly CHEVWQMN water quality monitoring. • Participate in quarterly RAMP to review water quality laboratory results. ■ Ongoing • Participate in annual volunteer scallop monitoring in Charlotte and Lee ■ Ongoing Counties. ■ Ongoing • Assist with WMD seagrass mapping and FDEP seagrass transect ■ Ongoing monitoring. ■ Ongoing • Participate in SWF Tidal Creek, Seagrass, Scallop and Oyster Working Group to develop consistent, geographically complete information. ■ Ongoing • Present data results at technical conferences and in scientific j ournals. ■ Ongoing FY13 Deliverables: Target Dates: • Conduct annual CCHMN field audits, reporting and meeting of partners. ■ May • Assist with monthly CCHMN water quality monitoring. 2013 • Review water quality procedures, methods and analytes to support water ■ Ongoing quality target development, implementation and evaluation. ■ Ongoing • Assist with monthly CHEVWQMN water quality monitoring. • Participate in quarterly RAMP to review water quality laboratory results. ■ Ongoing • Participate in annual volunteer scallop monitoring in Charlotte and Lee ■ Ongoing Counties. ■ Ongoing • Assist with WMD seagrass mapping and FDEP seagrass transect ■ Ongoing monitoring. ■ Ongoing • Participate in SWF Tidal Creek, Seagrass, Scallop and Oyster Working Group to develop consistent, geographically complete information. ■ Ongoing • Present data results at technical conferences and in scientific j ournals. ■ Ongoing Charlotte Harbor National Estuary Program 20 FY 12 Workplan- 5/21/2012 3.2 1 Targeted Research Objective: To conduct research targeted for implementation of the Comprehensive Conservation and Management Plan CCMP . Rationale: Research projects are targeted to fill critical gaps in knowledge which become obstacles to sound decision - making. Potential projects are drawn from the Research Needs Inventory, Environmental Indicators gaps and critical emerging needs that are identified through the Management Conference. In FYI 0, new targeted projects were largely derived from gaps related to the top 12 environmental indicators which will be used to develop the CHNEP 7- county Watershed Report. With CHNEP support, FWRI bimonthly conducted Lemon Bay Independent Fisheries Monitoring. The program also coordinated the Tidal Shoreline Condition Map Update field data collection, data analysis and GIS map development. In FYI 1, Estuarine Numeric Nutrient Criteria (NNC), Downstream Protection Values (DPVs), and NNC implementation plan were developed. In addition, the Triennial Water Quality Status and Trends report was completed. These triennial reports are used in conjunction with the 303(d) list to identify restoration priorities. For FYI 1, development of CHNEP Water Atlas (www.wateratlas.ora) Beta Version ( http: / /dev.chnep.wateratlas.usfed allowed the program to cost - effectively gain control of its data management system, substantially implementing SG -3 and SG -4. SWFRPC completed a study of climate change effects on ecosystems and infrastructure through EPA Region IV Funding and Headquarters Funding Final. Tidal Shoreline Condition Update maps and summary report were prepared. CHNEP hosted a workshop for partners to develop oyster and scallop restoration needs maps, lists and potential partnerships. CHNEP also hosted the triennial Watershed Summit (www.chnep.org /Events /Summits /Summitll.html) and provided logistics support for EPA's State of the Science Phosphate Mining and the Environment Conference: March 28 -29, 2011 www.chne .or /Events /Phos hateMinin 2011.htm Description: TNC is funding CHNEP to develop an Oyster Restoration Plan which will become a component of a Comprehensive Shellfish Restoration Plan. The Water Quality Status and Trends assessment will be completed with data through 2010. The CHNEP will continue ongoing support Water Atlas, but will expand components of it in 2012 and 2013 to include a Water Clarity PAR estimating tool, more volunteer monitoring pages and KMZ files for use with Google Earth. CHNEP will continue to administer the Coastal Charlotte Harbor Monitoring Network, fund strata as needed, conduct an annual audit and assist as needed. CHNEP will support ground - truthing an ecosystem services pilot program on Sanibel and Pine Island Sound. C1 NEP will work with SWFWMD to monitor two major hydrologic restoration pr o'ects to measure results. FY12 Deliverables: Target Dates: • CHNEP Oyster Restoration Plan • September 2012 • Triennial Water Quality Status and Trends ■ December 2012 • Peer Review Issue of Watershed Summit ■ December 2012 • On -line Water Atlas maintenance ■ December 2012 • Water Clarity PAR Estimating Tool ■ December 2012 • Ecosystem Services Ground - truthing 0 September 2013 • Coastal Charlotte Harbor Monitoring Network CCHMN ■ September 2012 FY13 Deliverables: Target Dates: • On -line Water Atlas maintenance, pages, KMZ files ■ December 2013 • Coastal Charlotte Harbor Monitoring Network (CCHMN) ■ December 2013 • Coral Creek and Alligator Creek Restoration Monitoring ■ December 2013 Charlotte Harbor National Estuary Program 21 FY 12 Workplan- 5/21/2012 /*N i-1. 16 1. 1 A7 � Task 4: Restoration Restoration is the most physical expression of CCMP implementation. Operating and Capital projects which accomplish CCMP restoration goals are largely carried out by local and regional governments. CHNEP partners support most of the costs of the restoration activities, with assistance from outside grants obtained by the partners and CHNEP. CHNEP provides support services to partners by coordinating watershed initiatives, cataloging restoration needs, participating in Everglades restoration activities, assisting with developing and refining Surface Water Improvement and Management (SWIM) plans, and conducting special studies such as Growth Management in Estero Bay basin. Restoration projects identified in the CCMP include: • Exotic plant and animal removal. • Enhancing shoreline habitat and restoring wetlands. • Installing shallow water resource markers. • Increasing environmental compliance and enforcement. • Protecting environmentally sensitive land. • Implementing water conservation and reuse programs. • Re- establishing historic hydrologic connections and restoring groundwater levels. • Implementing 3 -D circulation models. • Installing BMPs and reducing non -point source pollutant from stormwater runoff. • Providing central sewer within 900 feet of all waters. • Expanding Conservation Landscaping Programs such as Florida Yards and Neighborhoods. Subtasks include: 4.1 Watershed Coordination 4.2 Everglades Restoration 4.3 Restoration Partners Program Workplan Restoration Goals: • Restoration: CHNEP tracks restoration activities completed by its partners each year through the Government Performance and Results Act (GPRA). Based on the CCMP, the annual restoration goal is 9,000 acres. Restoration acres reported by partners for 2011, totaled 3,070 acres, an increase over 2010 despite funding constraints. CHNEP staff participate in watershed and restoration planning and implementation activities. • Land Acquisition: CHNEP also tracks land acquisition activities through the annual GPRA report. The CCMP annual land acquisition target is 9,034 per year from 1999- 2025. Because of significant land acquisition through 2009, the current annual goal for 2010 -2025 is 2,683 acres. Land acquisition reported by partners for 2011 was 658 acres, significantly restricted by funding constraints. • Oyster and Scallop Restoration Plans: Oysters serve as environmental indicators for the CHNEP, and shellfish restoration implements the Priority Actions relating to restoring native communities and involving the public in research, monitoring and restoration activities (FW -F, FW -P and SG -B). Oyster and Scallop Restoration Plans will be developed through partnerships, which include needed restoration locations, project designs, and potential partners and funding needed for oyster restoration throughout the study area. Charlotte Harbor National Estuary Program 22 FY 12 Workplan- 5/21/2012 6 1t 4.1 1 Watershed Coordination Objective: To develop and update a CHNEP Restoration Plan and participate in activities which will implement this plan and CCMP objectives and actions relating to restoration. Rationale: The most significant way CHNEP can restore water quality, hydrology and habitat is through its partnerships. Funding under this program goes toward staff support to review watershed assessments and plans, provide maps to partners which impact restoration choices and track restoration projects. Description: Provide staff support for restoration mapping efforts, including hosting the master restoration database and Shapefiles. Funding is allocated to support SWFRPC graphic services and GIS equipment costs. Tracking of restoration plan implementation is performed annually through the annual development of the Government Performance and Review Act (GPRA) report. Participation in watershed initiatives such as the Southern Water Use Caution Area (SWUCA) Recovery Strategy, Minimum Flows and Levels, Reasonable Assurance Plans, Basin Management Action Plans, Southwest Florida Feasibility Study, SFWMD Water Supply Plan, development of basin water budgets etc. are included in this subtask. CHNEP also participates in state and federal processes to develop landscape scale conservation corridors with public and private partnerships to provide habitat and species migration and climate change adaptation. Finally, partners such as EPA and NOAA request information and other support regarding restoration and conservation efforts within the Charlotte Harbor region somewhat frequently. In addition, opportunities arise where CHNEP can assist partners in restoration, Water Planning Alliance meetings, Estero Bay ABM meetings, Lemon Bay League meetings, etc. FY12 Deliverables: Target Dates: • GPRA Report ■ September 2012 • Public/Private Conservation Cooperative Support ■ Ongoing • Watershed Management Plans and "Verified Lists" ■ Based on Impaired Waters review Rules dates • Minimum Flows and Levels review ■ Based on MFL Schedules • Water Budget for Charlotte Harbor basins, including ■ As opportunities arise. the Lower West Coast Water Supply Plan • Staff support to regional watershed efforts other than ■ As opportunities arise. CERP /SWFFS such as SWIM planning, TMDLs, SWUCA, Caloosahatchee Regional River Recovery Strategy, SFWMD Water Supply Plan and Peace River Management Plan FY13 Deliverables: Target Dates: • GPRA Report ■ September 2013 • Public/Private Conservation Cooperative Support ■ Ongoing • Watershed Management Plans and "Verified Lists" ■ Based on Impaired Waters review Rules dates • Minimum Flows and Levels review ■ Based on MFL Schedules • Water Budget for Charlotte Harbor basins, including ■ As opportunities arise. through the Lower West Coast Water Supply Plan development • Staff support to regional watershed efforts other than As opportunities arise. CERP /SWFFS such as SWIM planning, TMDLs, SWUCA, Caloosahatchee Regional River Recovery Strategy, SFWMD Water Supply Plan and Peace River Management Plan Charlotte Harbor National Estuary Program 23 FY 12 Workplan- 5/21/2012 1611 4.2 1 Everglades Restoration Objective: To support development and implementation of Everglades Restoration. Rationale: The southern portion of C14NEP is within the area designated for Everglades Restoration (CERP) and the Southwest Florida Feasibility Study ( SWFFS). Funding under this program goes toward staff support to participate in these efforts. Description: The C14NEP will provide staff support to develop and implement Everglades Restoration. This includes serving on the SWFFS Study Group and its subcommittees, co- chairing the SWF Regional Restoration Coordination Team (RRCT), and participating on the CERP Science Coordination Group (SCG) on behalf of Southwest Florida. Deliverables of the SWF RRCT include a Science Plan update and a Restoration Plan. Although the CHNEP will not provide primary support of restoration mapping outside the study areas, the CHNEP will host the database and shape files in support of the entire SWF RRCT area. These maps have been used as the primary input to the SWFFS Alternatives Development Grou p (ADG) products. FY12 Deliverables: Target Dates: • Presentation of Priorities ■ October 2011 • SCG Participation ■ Ongoing • Participation in and support for the SWFFS ■ Ongoing FY13 Deliverables: Target Dates: • Presentation of Priorities ■ October 2013 • SCG Participation ■ Ongoing • Participation in and support for the SWFFS ■ Ongoing Charlotte Harbor National Estuary Program 24 FY 12 Workplan- 5/21/2012 -4-3—[Restoration-Partners- Grants_ - Objective: To promote innovative techniques for research and restoration. Rationale: Restoration Partners Projects is CHNEP's primary method for funding restoration projects. Description: This grant process provides incentives and seed money for and restoration within the greater Charlotte Harbor watershed. In the past, applicants are permitted to request up to $20,000 per project and are required to provide a 50% match. RPP grants for restoration projects could be used for small equipment, labor and plants as a contribution or incentive for public and private organizations to improve the environmental quality of their lands. RPP proposals are submitted from an applicant, reviewed and ranked through a selection process involving the Technical Advisory, Management and Policy Committees. Following Policy Committee approval, the highest ranked projects receive RRPP grants, as funds allow. FY12 Deliverables: Target Dates: ■ Initiation of RRPP selection process for FYI ■ September 2012 FY13 Deliverables: Target Dates: ■ Two restoration projects completed by artners ■ September 2014 Charlotte Harbor National Estuary Program 25 FY 12 Workplan- 5/21/2012 -4 io N.7 " 'it 1001.1 1611 1A7 A Task 5: Advocacy and Legislative Action The CHNEP Policy Committee is comprised of elected officials and agency heads of federal, state, regional, county, and city agencies. These are the very agencies that will be the likely recipients of CHNEP advocacy and legislative action. The advocacy position represents a great commitment to partnership and trust between the CHNEP partners. The goals of the CHNEP's advocacy and legislative action stance are: • To implement the quantitative objectives and priority actions of the adopted Comprehensive Conservation and Management Plan (CCMP), • To provide policy- makers with a source of review and comment from an organization which represents the considered opinions of diverse interests, and • To provide a voice for natural systems within the study area watersheds based on the best scientific information available. Subtasks include: 5.1 Legislative Agenda 5.2 Advocacy and Review Procedures 5.3 Leveraged Grants Workplan Advocacy Goals: • Advocacy: CHNEP tracks its advocacy actions and successes. Significant advocacy positions have been issued regarding Surface Water Improvement and Management (SWIM) designation, minimum flows and levels, everglades restoration and programmatic EIS for Peace and Myakka. The CHNEP advocacy goal is 100% success rate. In 2011, letters were written for: opposing bills preempting local fertilizer ordinances, supporting Aquatic Preserve Funding for Estero Bay, 2 letters related to state numeric nutrient criteria and a letter in support of the Lower Myakka MFLs. All 5 appear to have been successful. • Leveraged Grants: CHNEP will assist partners with grant development and submittal to attract additional resources to implement the COMP. Charlotte Harbor National Estuary Program 26 FY 12 Workplan- 5/21/2012 �j 5.1 1 Legislative Agenda Objective: To provide a structure for pursuing legislative action to support the implementation of the Comprehensive Conservation and Management Plan (CCMP). Rationale: Several priority actions of the CCMP necessitate legislative changes. Funding under this task goes toward staff support to identify needed legislation, to track legislation at the state and federal levels, and draft support letters for review by the Management Conference. Description: The Legislative Agenda is a formal document that presents projects, identified by the Management Conference, that implement the CCMP and which require additional support, either fiscal or policy, in order to be successfully completed. The Legislative Agenda is updated and revised to reflect the current and anticipated legislative opportunities for CHNEP to ensure that the CCMP is considered by elected officials when policy and funding decisions are being made. Moreover, with the updating of the CCMP in 2008, the Legislative Agenda is more dynamic. The Legislative Agenda is presented to policy- makers and decision - makers annually. Membership with the Association of National Estuary Programs (ANEP) and attendance at its meetings is encouraged by EPA. A portion of the $4,500 dues is not eligible for EPA funding. Finally, this task also supports the Legislative Subcommittee. FY12 Deliverables: Target Dates: • Present agenda to State and Federal Legislative ■ November 2011 — August 2012 Officials throughout the CHNEP study area • Tracking of relevant legislation ■ As Appropriate • Electronic updates to Subcommittee members ■ As Appropriate • Letters of support as appropriate to legislators and ■ As appropriate policy makers ■ As Opportunities Arise • ANEP membership • Revised Legislative Agenda ■ January 2012 ■ Spring 2012 FY13 Deliverables: Target Dates: • Present agenda to State and Federal Legislative Officials throughout the CHNEP study area ■ November 2012 - April 2013 • Tracking of relevant legislation • Electronic updates to Subcommittee members ■ As Appropriate • Letters of support as appropriate to legislators and ■ As Appropriate policy makers ■ As Opportunities Arise • ANEP membership January 2013 • Revised Legislative Agenda Spring 2013 Charlotte Harbor National Estuary Program 27 FY 12 Workplan- 5/21/2012 mo 1611 p7 5.2 1 Advocacy and Review Procedures Objective: To implement the Advocacy and Review Procedures adopted in February 2003. To provide federal consistency review as required by EPA and incorporate the existing federal consistency review process of the State Clearinghouse as set forth in the CCMP on page 219. Rationale: Review and commenting on proposed legislation and rules has been identified as a key function of the CHNEP Management Conference. Since adoption of the Advocacy and Review Procedures on February 21, 2003, CHNEP has submitted over 60 letters of either support or comment to other agencies. Funding under this task goes toward staff support to review proposed rules and draft letters requesting modification. Description: The Management Conference developed a list of major categories of actions that may require CHNEP review, comment or letters of support. Staff will continue to develop letters of review, comment, support and inquiry as directed by the Management Conference. Based on the Advocacy and Review Procedures, eleven categories of actions include: • Environmental Land Acquisition and Conservation • Water Quality rules • Hydrology rules • Changes in structures specified in HA -4 • Projects which improve water quality of Lake Hancock and the water exiting the lake • Projects which significantly affect at least one of the habitats listed in FW -1 • Projects which significantly affect hydrology in sub - basins • Rules which reduce propeller damage to seagrass beds • Projects that remove invasive exotic species • Legislation that restricts citizen participation on environmental issues • General permits affecting waterways • Review of local comprehensive plans by the C14NEP partnership for implementation of the CCMP • Participation in development of the Management Plan for the Babcock Ranch Preserve. In FYI 1, the CHNEP drafted more than 6 letters for Management Conference review and submittal. FY12 Deliverables: Target Dates: ■ Review, Comment, Support and Inquiry Letters ■ As required ■ Public Testimony ■ As appropriate • Review of at least 2 Comprehensive Plan Updates ■ By end of FY12 FY13 Deliverables: • Review, Comment, Support and Inquiry Letters ■ As required • Public Testimony ■ As appropriate Charlotte Harbor National Estuary Program 28 FY 12 Workplan- 5/21/2012 -In 5.3__ Leveraged _Grants Objective: To supplement implementation of the Comprehensive Conservation and Management Plan (COMP) through funding of projects from sources other than the EPA Cooperative Agreement. Rationale: Leveraging grants for partners to implement the CCMP is a key component of the Long Range Funding Strategy. Funding under this program goes toward staff support to grant objectives and to match them with partner needs toward CCMP implementation. In FY2011, CHNEP investment in grantsmanship yielded over 12 times the cost in staff resources. Description: CHNEP staff are actively applying for and winning funding through grants from Federal, State and private organizations for our partner organizations to support the implementation of the CCMP. The Research Needs Inventory, in conjunction with the COMP, guides CHNEP staff when reviewing grant opportunities. In FYI I CHNEP staff were successful in assisting partners in capturing over $500,000 in grant funding. CHNEP staff assists partners in identifying, applying for and administering grants from various sources, including Federal and State agencies and private foundations. Staff also searches for funding for specific projects that are being conducted by partners, notify partners of grant opportunities and work with partners to form teams and partnerships for proposal submissions. Staff is maintaining a grants database to track annual grant opportunities to facilitate developing teams and projects in advance of the Request for Application announcements. In addition, CHNEP submits letters of support to granting agencies. FY12 Deliverables: Target Dates: • Proposal Templates for Grant Opportunities ■ Ongoing • Email notification of available grants ■ Ongoing, usually bi- monthly • Support letters for inclusion with grant applications ■ As Requested • Draft and Final Grant applications ■ As Appropriate FY13 Deliverables: Target Dates: • Email notification of available grants ■ Ongoing, usually bi- monthly • Support letters for inclusion with grant applications ■ As Requested • Draft and Final Grant applications ■ As Appropriate Charlotte Harbor National Estuary Program 29 FY 12 Workplan- 5/21/2012 I A7 1611 � 7 Table 2: Ongoing Technical Projects (as of 10 /1 /11) V1 Year Project/Contractor 6/30/12 Contract Outlay Balance 2011 Subtotal = Date 1 $71,250.00 1 $20,745.00 1 $50,505.00 2010 Triennial Water Quality Status and Trends Assessment, portion delayed - Janicki Environmental 6/30/12 $71,250.00 $20,745.00 $50,505.00 2011 Subtotal = 12/31/12 1 $71,250.00 1 $20,745.00 1 $50,505.00 2011 Water Atlas — USF FL Center for Community Design 12/31/11 $90,000.00 $70,634.00 $19,366.00 2011 Peer Review Special Issue of Scientific Journal for 12/31/12 $18,000.00 $0.00 $18,000.00 2011 Watershed Summit - FL Academy of Sciences 8/31/2012 $2,500.00 2011 Public Outreach Grant: Leaming, Serving and Splash i n /Littleton Elementary School 8/31/2012 Subtotal = 2011 $108,000.00 $70,634.00 $37,366.00 TOTAL $179,250.00 $91,379.00 $87,871.00 Table 3: Ongoing Public Outreach Projects (as of 10 /1 /11) Fiscal Year Project /Contractor Due Date Balance 2010 Special places ma accrued in FYI 1) 2/29/2012 $5,000.00 2011 Public Outreach Grant: Florida's Magnificent Mangroves Display and Corresponding Teacher Resources /Nature on Wheels 8/31/2012 $3,500.00 2011 Public Outreach Grant: No Child Left on Shore /Ca tiva Cruises 8/31/2012 $2,500.00 2011 Public Outreach Grant: Leaming, Serving and Splash i n /Littleton Elementary School 8/31/2012 $200.68 2011 Public Outreach Grant: Get your Feet Wet/VSRT 8/31/2012 $251.05 2011 Citizens BMP /New Residents' Guide 8/31/2012 $10,000.00 2011 Target audience projects: Initiate "pen al" social media project 8/31/2012 $6,739.74 2011 Public Information & Education Professional Development 12/2/2011 $1,800.00 2011 DVDs of videos, CHNEP library exhibit, e- learning 8/31/2012 $7,157.43 ongoing Charlotte Harbor Nature Festival (sponsor funds as of 9/30/2011 $14,542.21 ongoing Sustainable Communities Conference (sponsor funds as of 9/30/2011 $11,530.97 TOTAL Outlay= Amount expended on project as of September 30, 2011. Contract= Contracted amount. Balance= Unexpended amount left on contract. Charlotte Harbor National Estuary Program 30 1 $63,222.08 FY 12 Workplan- 5/21/2012 - - Administrative and Financial Description of Grants Tables 2 and 3 provide the list of ongoing grants that were granted prior to FY 12 by CHNEP to local entities. Below are descriptions of ongoing and FY12 grants, including grant descriptions, funding, organization conducting the work, purpose, deliverables, and completion dates. Research and Restoration Partners Grants Research and Restoration Partners (RRPP) Grants provide and opportunity for CHNEP partners to seek support for projects which implement CCMP goals and actions. RRPP grants encourage innovative research and restoration and provide seed money to initiate projects. RRPP grants have been awarded each year through FY09, but were not offered from FY 10 to FY 13 due to funding limitations. It is anticipated that RRPP projects will be continued in FY14. Generally, RRPP grant awards are less than $20,000 and require a 50% match, in -kind or financial. Generally, RRPP proposals are submitted in late summer, reviewed and prioritized by a subcommittee using specific guidelines, final awards are approved by the Policy Committee in November and projects are initiated in January after contracts are developed. RRPP projects take 1 to 2 years to complete, require a final report and presentation to the Technical Advisory Committee, and must include a discussion of the management implications of the results. Fiscal Year 2012 Due to limited funds, no Research and Restoration Partners Grants were offered during FY12. Public Outreach Grants Public Outreach Grants typically take one year to complete. In FY06 the review schedule and process were modified, allowing contracts to be signed as early as November and granting the Program Director authority to approve applications once approved by the CAC. Projects may begin as soon as the contract is signed and notarized by both parties. The results of these projects are posted at www. chnep. org /Grants /POGAwarded. html. Fiscal Year 2011 Eleven public outreach grant applications were approved. One applicant was not able to initiate the project and withdrew the application. One additional application was then supported and a second one was approved under director's discretion. As of October 1, 2011, all but four projects have been completed. No Child Left on Shore Captiva Cruises Select special needs and inner city residential youth of southwest Florida will be immersed in a water -based experiential educational field trip. It is an opportunity to watch dolphins in their natural habitat, collect shells from a barrier island beach, put their hands in the sand and learn about our coastal ecology and complex food webs by exploring mangrove islands and estuaries. ^ Charlotte Harbor National Estuary Program 31 FY 12 Workplan- 5/21/2012 161,1 p7 During the Science at Sea and Shoreline Discovery field trip they will participate in ongoing water quality and hydrologic studies conducted by Sanibel - Captiva Conservation Foundation. The CHNEP is providing $2,500 toward this $2,500 project. This project helps implement the CCMP by fulfilling SG -H and SG -C. Learning, Serving and Splashing Littleton Elementary School, Lee County Many outreach programs will be conducted to help students and the public understand the ecological relationships between people, animals and the resources they share. Two science nights and two workshops are held at the school. Students present their knowledge of the watershed the estuarine environment through puppet shows. The third- to fifth -grade students also participate in three community environmental festivals: Cape Coral Yacht Club's Evening Under the Sea, CHNEP's Charlotte Harbor Nature Festival and the Burrowing Owl Festival in Cape Coral. The CHNEP is providing $1,302 toward this $5,942 project. This project supplements and expands the scope of a Learn and Serve grant. This project helps implement the CCMP by fulfilling SG -F. Florida's Magnificent Mangroves Display and Corresponding Teacher Resource Nature on Wheels, LLC An interactive mangrove exhibit will be developed for the traveling nature museum. It will provide a comprehensive natural history and conservation -based mangrove exhibit with corresponding curricula. The exhibit will incorporate mangrove replicas and realistic representations of the diverse aquatic and terrestrial biota reliant upon these unique communities. Signage will highlight the ecological role, anthropogenic significance and threats to mangroves in Florida. Digital displays, tanks and signage will further signify threats and conservation concerns to mangrove communities along Florida's coastlines. The museum's primary focus will be to serve Title I schools and centers in underserved communities. The CHNEP is providing $3,500 toward this $10,248 project. This project helps implement the CCMP by fulfilling SG -1, FW -J and others. Get Your Feet Wet in Estuaries and Science Volunteer Scientific Research Team, Inc. Third -to fifth -grade students will learn about native habitat and the watershed and how their actions impact its health at programs held each quarter. The students present their findings at the marine expo "Evening Under the Sea" at Cape Coral Yacht Club. People of all ages learn about the ecological relationships of the estuary and how to protect and conserve the watershed and its inhabitants through educational booths and games, touch tanks and video and an interactive educational puppet show. Two students will receive scholarships to attend the Beach Bums Marine Biology Summer Camp for students who are between 9 and 14 -years old. The camp focuses on physical oceanography, including chemistry, geology and physics, estuarine and marine ecosystems and ecology. Younger students attend half -day camps. Shows are held at the end of each camp so the students can demonstrate what they've learned by teaching their parents. The CHNEP is providing $1,360 toward this $7,600 project. This project helps implement the CCMP by fulfilling SG -F and FW -P. Fiscal Year 2012 Nine public outreach grant applications were approved. Charlotte Harbor National Estuary Program 32 FY 12 Workplan- 5/21/2012 5 11'� A7 Estuary Interdependence _01-N Port Charlotte Middle School - The 270 seventh -grade students at this school will participate in one of four educational field trips to Ponce de Leon Park to facilitate a deeper understanding of the Charlotte Harbor region. Each student seines in the water and examines organisms, tests water, observes the water environment, takes a guided tour through the Peace River Wildlife Center, responds to a scavenger hunt of questions about the mangrove boardwalk and creates a sand art painting of wildlife of the area. To ensure the success of this effort, students complete supplemental bookwork focusing on conservation issues, local flora and the importance of wetlands. This is an interdisciplinary project that involves math, language arts, geography and science classes. The CHNEP is providing $4,196 toward this project. This project helps implement the CCMP by fulfilling SG -H and SG -F. DeSoto County Fourth -Grade Classes Meet Charlotte Harbor School District of DeSoto County The 120 fourth -grade students travel to Charlotte Harbor to learn about watersheds and the biological importance of Charlotte Harbor as an estuary. While on a boat trip, they will identify habitats, wildlife and test the water quality. Participants will write essays about their experiences. The C14NEP is providing $4,950 toward this $10,005 project. This project helps implement the CCMP by fulfilling SG -C, SG -F and SG -H. Cooperative for Conservation Kay Thorpe Bannon Venice High School Zoology Club students will teach students in fourth -grade classrooms at Garden Elementary about gopher tortoises and habitat loss. Dr. Bannon will read from her book, -^ How Gimble Gopher Tortoise Found a New Home. Under the guidance of Master Gardner Lu- Ann Rhoten and with the assistance of the South Venice Garden Club and local church and parent volunteers, students will construct a picture dictionary of Florida native plants and create a native plant garden. The students will create a flier for adults on the values of replacing lawns and exotic invasive plants with native plants. Their work will be chronicled in school newspapers and featured in local papers. The CHNEP is providing $2,454 toward this $5,674 project. This project helps implement the CCMP by fulfilling SG -H, SG -F and WQ -K. Display Signs at Fort Meade Outdoor Recreation Area Lakes Education/Action Drive The Peace River, a major tributary to Charlotte Harbor, has its headwaters in Polk County. While the people are enjoying the recreational and aesthetic opportunities of the river, they can become more aware of how the Peace River watershed connects with the entire Charlotte Harbor watershed. The CHNEP is providing $1,795 toward this $4,895 project. This project helps implement the CCMP by fulfilling SG -F and SG -D and WQ -M. Wildflower Preserve Interpretive Trail Network Lemon Bay Conservancy An 80 -acre overgrown and abandoned golf course on the Cape Haze peninsula in Charlotte County is being transformed into a nature preserve. This project will further develop trails to accommodate people with a range of fitness levels and interests, create a small wildflower meadow, place interpretive signs, create brochures and evaluate effectiveness of the new Charlotte Harbor National Estuary Program 33 FY 12 Workplan- 5/21/2012 1611 q7 materials. The CHNEP is providing $5,000 toward this $23,160 project. This project helps implement the CCMP by fulfilling SG -F. Strolling Science Seminars CREW Land & Water Trust Six half -day strolling science seminars for adults will be developed. Subject experts will lead each walk that will also provide hands -on activities. These programs will provide citizens with information about wildlife and watersheds and give them skills that will enable them to conduct citizen science projects. The C14NEP is providing $1,327 toward this $3,827 project. This project helps implement the CCMP by fulfilling SG -B. Sea Turtle Overnight Adventures 2012 Workshops for Teachers Coastal Wildlife Club Since 2005, the Coastal Wildlife Club has provided workshops for teachers to learn more about sea turtles and the importance of healthy habitats. In 2006, the program was expanded to a two - day workshop, which provided opportunities to cover additional species and provide more outdoor activities and time for networking. The programs are held in mid -July in Englewood. The C14NEP is providing $3,000 toward this $21,803 project. This project helps implement the CCMP by fulfilling SG -H. Student Stewards School District of Lee County Because of this project, twice as many fourth -grade students will have authentic field experiences in Lee County's estuarine grass flats. Students will investigate the food webs of an estuarine environment. A total of 120 classrooms of 2,600 students, approximately 40 percent of the fourth grade student population, will be able to have this field experience. The C14NEP is providing $4,680 toward this $88,700 project. This project helps implement the CCMP by fulfilling SG -H. Vermicomposting for the Classroom Pine Forest Fruit & Flower Farm Seventeen Lee County elementary schools will learn about vermicomposting and how kitchen and paper scraps can be composted. Worm farming gives the students, teachers and parents an alternative fertilizer that reduces ground pollution and saves water. The CHNEP is providing $2,598 toward this $13,013 project. This project helps implement the CCMP by fulfilling WQ -L. Charlotte Harbor National Estuary Program 34 FY 12 Workplan- 5/21/2012 List of Staff The CHNEP staff includes five professional positions. As shown in the sub -task descriptions, many deliverables are prepared in- house. Several grants have been submitted to a variety of funding agencies. Lisa Beever. PhD - NEP Director Overall Program Management, Institutional Organization, Legislation, Policy/Management Committee, and Special Projects. Liz Donley- Deputy Director Grant and Contract Management, Invoicing, Legislative Subcommittee, Budget Tracking, Leverage Tracking, and CCMP Tracking. Liz Donley also serves as legal counsel for the RPC. Judy Ott - Program Scientist Research and Restoration Projects, Technical Support, Technical Advisory Committee and Subcommittees. Maran Hilgendorf - Communications Manager Public Involvement and Outreach, Citizens Advisory Committee, Publications, Events, Videos, etc. Southwest Florida Regional Planning Council Staff Although additional SWFRPC staff do not report to the NEP Director, they are available to work on NEP projects. In addition to clerical and event support, projects with which SWFRPC staff are assisting include, but are not limited to: Climate Ready Estuaries Technical Assistance and GIS applications. These efforts must be shown in the NEP budget as staff salaries and related expenses. Charlotte Harbor National Estuary Program 35 FY 12 Workplan- 5/21/2012 1611 q7 To prepare cost estimate targets, staff estimates of time were developed. Tables 4 and 5 identify time estimates by staff member by task. Table 4: Expected Staff Time Allocations by Task for FY12 Task Title Director Deputy Director Comm. Manager Program Scientist FTE I Other RPC Salaries 1 Management Conference 25% 40% 15% 23% 1.03 $12,000 2 Outreach 10% 1% 85% 2% 0.98 $4,500 3 Research 15% 5% 0% 30% 0.50 $500 4 Restoration 40% 10% 0% 45% 0.95 $5,000 5 Ad ocacy & Legislative Action 10% 12% 0% 0% 0.22 $0 100% 68% 100% 100% 3.68 $22,000 Table 5: Expected Staff Time Allocations by Task for FY13 Task Title Director Deputy Director Comm. Manager Program Scientist FTE Other RPC Salaries 1 Management Conference 20% 50% 15% 22% 1.07 $12,000 2 Outreach 15% 5% 85% 2% 1.07 $4,500 3 Research 20% 5% 0% 60% 0.85 $500 4 Restoration 35% 10% 0% 16%10.61 1 $5,000 5 Advocacy & Legislative Action 10% 15% 0% 0% 0.25 $0 100% 1 85% 1 100% 100% 13.851 $22,000 Charlotte Harbor National Estuary Program 36 FY 12 Workplan- 5/21/2012 Table 6: Total Leveraged in FYI (as reported for GPRA) Charlotte Harbor National Estuary Program 37 FY 12 Workplan- 5/21/2012 0^% -"'\ * CHNEP Federal State Local Private/Non-profit Cash In kind Cash In kind Cash In kind Cash In kind Project Assistance Total value Lake Hancock Outfall Treatment System (H014 ) Prim $0 $0 $343,813 $0 $0 $0 $0 $0 $343,813 Sarasota County - LID Implementation at Venice East Boulevard Prim $0 $0 $232,826 $0 $546,444 $0 $0 $0 $779,270 FY 2011 Charlotte Harbor Estuaries Volunteer Water Quality Monitoring Network Prima $0 $0 1 $0 $0 $0 $0 $0 $19,655 $19,655 Lake Hancock Lake Level Modification (H008 ) Prim $0 $0 $312,580 $0 $0 $0 $0 $0 $312,580 CHNEP Public Outreach Grants Prim $0 $0 $0 $0 $0 $15,000 $0 $15,000 $30,000 CHNEP Partner match Prim $0 $0 $187,533 $0 $89,250 $0 $40,067 $0 $316,850 Sarasota County - Englewood Community Redevelopment Area Stormwater Retrofit Prim $0 1 $0 $752,434 $0 1 $750,000 $0 $0 $0 $1,502,434 SWUCA Recovery - Upper Peace Karst Berms H064 Prim $0 $0 $11,270 $0 $0 $0 $0 $0 $11,270 Implement the Caloosahatchee Watershed Protection Plan Prim $0 $0 $501,470 $0 $0 $0 $0 $0 $501,470 Lake Hancock Outfall Structure P -11 Modification H009 Prim $0 $0 $1,000,000 $0 $0 $0 $0 $0 $1,000,000 Southwest Florida Comprehensive Watershed Plan Prim $0 $0 $70,578 $0 $0 $0 $0 $0 $70,578 Babcock Ranch Wildlife Corridor Study Prim $0 $0 $0 $0 $0 $0 $200,000 $0 $200,000 Caloosahatchee River and Estuary Prim $0 $0 $905,938 $0 $0 $0 $0 $0 $905,938 CHNEP Micro - rant program Prim $0 $0 $0 $0 $0 $6,000 $0 $6,000 $12,000 PRMRW SA Brackish Groundwater Development H079 Significant $0 $0 $315,069 $0 $167,000 $0 $0 $0 $482,069 Charlotte Harbor National Estuary Program 37 FY 12 Workplan- 5/21/2012 0^% -"'\ 1611 p7 Charlotte Harbor National Estuary Program 38 FY 12 Workplan- 5/21/2012 *CHNEP Federal State Local Private/Non-profit Cash In kind Cash In kind Cash In kind Cash In kind Project Assistance Total value Pilot Treatment Study for Dona Bay Water Supply Project (H088 ) Significant $0 $0 $399,573 $0 $0 $0 $0 $0 $399,573 Charlotte County Regional Reclaimed Water Expansion Phase 2 (H085 ) Significant 1 $0 $0 1 $503,954 $0 $500,000 $0 1 $0 $0 $1,003,954 City of North Port — Reclaimed Water Transmission Expansion, Phase I Significant $0 $0 $198,339 $0 $194,500 $0 $0 $0 $392,839 Irrigation Well Back - Plugging Program (HO 15) Significant $0 $0 $56,401 $0 $0 $0 $0 $0 $56,401 C -43 West Storage Reservoir -Part 1 Storage for Basin Significant $0 $0 $195,340 $0 $0 $0 $0 $0 $195,340 PRMRW SA Regional Integrated Loop System - Phase 3A Interconnect H052 Significant 1 $0 $0 1 $307,778 $0 $0 $0 1 $0 $0 $307,778 Flatford Swamp Hydrologic Restoration/Imple mentation (H089 Significant $0 $0 $6,052,814 $0 $0 $0 $0 $0 $6,052,814 PRMRWSA Regional Integrated Loop System - Phase 2 Interconnect (H051 ) Significant 1 $0 $0 1 $5,140,518 $0 $4,900,000 1 $0 $0 $0 1 $10,040,518 Lower Charlotte Harbor SWIM Significant $0 $0 $93,971 $0 $0 $0 $0 $0 $93,971 Arcadia - Desoto Interconnect H084 Significant $0 $0 $905 $0 $0 $0 $0 $0 $905 City of Venice — Beach Water Quality Project Significant 1 $0 $0 $62,296 $0 1 $60,000 $0 $0 $0 $122,296 Myakka River Watershed Initiative (H048 ) Significant $0 $0 $61,906 $0 $0 $0 $0 $0 $61,906 City of Winter Haven — Reclaimed Water Recharge Feasibility Study Significant $0 $0 $104,781 $0 $100,000 1 $0 $0 $0 $204,781 IFAS BMP Implementation H579 Significant $0 $0 $50,000 $0 $0 $0 $0 $0 $50,000 Southwest Polk County/Tampa Electric Reclaimed Water Project (H076 ) $0 $0 $5,029,918 $0 $0 $0 $5,010,588 $0 $10,040,506 Polk County — Groundwater Recharge Significant $0 $0 $198,381 $0 $188,874 $0 $0 $0 $387,255 Charlotte Harbor National Estuary Program 38 FY 12 Workplan- 5/21/2012 1611t' p� * In order to categorize the level of support provided by the CHNEP the definitions used in the FY2011 National Estuary Program Online Reporting tool for the Government Performance and Results Act was utilized: ■ Primary indicates the NEP director, staff, and /or committees played the central role in obtaining leveraged resources that helped implement the CCMP, ■ Significant indicates active participation, but not leadership (e.g, wrote parts of a grant application) ■ Support indicates a minor but some role in channeling resources toward CCMP implementation (e.g., wrote letter of support for a grant application). Charlotte Harbor National Estuary Program 39 FY 12 Workplan- 5/21/2012 *CHNEP Federal State Local Private/Non-profit Cash In kind Cash In kind Cash In kind Cash In kind Project Assistance Total value Investigation PRMRWSA Regional Loop System Phase IA H069 Significant $0 $0 $7,489 $0 $0 $0 $0 $0 $7,489 Facilitating Agricultural Resource Management Systems (FARMS) Program (HO 17 Significant 1 $0 $0 $2,343,675 $0 $0 $0 $0 $0 $2,343,675 Polk County — Inwood Water Quality Stormwater Retrofit Significant $0 $0 $52,828 $0 $50,000 $0 $0 $0 $102,828 Southern CREW/Imperial River Flow -way Critical Restoration Project Significant $0 $0 $8,255,070 $0 $0 $0 $0 $0 $8,255,070 Peace Creek Canal Watershed (1-1034 ) Significant $0 $0 $19,280 $0 $0 $0 $0 $0 $19,280 City of Punta Gorda Reverse Osmosis Facility (H087 ) $0 $0 $3,708,596 $0 $7,000,000 $0 $0 $0 $10,708,596 C -43 Water Quality Treatment and testing Facility SigDificant $0 $0 $4,412,075 $0 $0 $0 $0 $0 $4,412,075 Stormwater Outfall Remediation Measures in Estero Bay Significant $0 $0 $177,469 $0 $0 $0 $0 $0 $177,469 City of Lake Alfred — Watershed Management Plan Support $0 $0 $80,638 $0 $75,000 $0 $0 $0 $155,638 City of Fort Meade — Watershed Management Plan REDI Support 1 $0 $0 $80,638 $ $25,000 $ $ $0 $105,63 Manatee County — Toilet Rebate Project, Phase V Support $0 $0 $111,831 $0 $108,750 $0 $0 $0 $220,581 Pine Island Flatwoods Preserve $18,000,00 Acquisition Support $0 $0 $0 $0 0 $0 $0 $0 $18,000,000 $0.00 1 $0.00 42,339,975 $0.00 $32,754,818 $21,000 1 $5,250,655 1 $40,655 1 $80,407,103 * In order to categorize the level of support provided by the CHNEP the definitions used in the FY2011 National Estuary Program Online Reporting tool for the Government Performance and Results Act was utilized: ■ Primary indicates the NEP director, staff, and /or committees played the central role in obtaining leveraged resources that helped implement the CCMP, ■ Significant indicates active participation, but not leadership (e.g, wrote parts of a grant application) ■ Support indicates a minor but some role in channeling resources toward CCMP implementation (e.g., wrote letter of support for a grant application). Charlotte Harbor National Estuary Program 39 FY 12 Workplan- 5/21/2012 ibllA7 Table 7: Total Leveraged (October 1, 2011— January 18, 2012) PROJECT Name Role Total Leverage Leveraged Federal Leveraged State Leveraged Local Leveraged Private Cash In -kind Cash In -kind Cash In -kind Cash In -kind 320 Match Prim $598,800 0 0 0 $598,800 0 0 0 0 CHNEP Program Committee Primary $9,675 0 $3,225 0 $3,225 0 $3,225 0 0 SUpport CHNEP Partner Support— Primary $343,729 0 0 $218,823 0 $124,906 0 0 0 Totals $952,204 0 $3,225 $218,823 $602,025 $124,906 $3,225 $0.00 $0.000 Charlotte Harbor National Estuary Program 40 FY 12 Workplan- 5/21/2012 FY12 Travel Documentation Travel funds are used for purposes such as travel to NEP Directors Meetings, National and state conferences, meetings with EPA staff in Atlanta and Washington D.C., and other overnight travel as needed. Funds are also programmed to support additional special travel and local travel, tolls and parking expenses; including travel that is ineligible for federal reimbursement. See Table 8 for details Tahle R- Camnleterl and Prniortod Travel in FV12 (FYI 2 F,PA Rudoet Sheet) Charlotte Harbor National Estuary Program 41 FY 12 Workplan- 5/21/2012 no .,*N Travel # Length of Mode/Est. Estimated Date Purpose Travelers Location Stay Cost Reg. Fee Cost Florida Association Nov. 2011 ofBentholo ists 1 Tampa, FL 3 Auto $150 $500 Nov. 6 — Daytona 11, 2011 ERF 2 Beach, FL 4 Auto $1,000 $2,000 Florida Social Marketing Jan 2012 Committee 1 Ocala, FL 2 Auto /$220 $0 $330 Gainesville, Jan 2012 SCENE 1 FL 2 Auto /$240 $0 1 $400 NEP /EPA Spring Washington, Feb 2012 mtg. 2 DC 4 days Air /$520 $300 $2,500 March Sarasota EP 2012 Summit 1 Sarasota, FL 3 Auto $60 $150 St. March F] Academy of Petersburg, 2012 Sciences 1 FL 2 Auto $100 $500 Statewide mtg. Spring Gulf of Mexico Tallahassee, 2012 Program 1 FL 4 days Auto /245 $0 $675 Stormwater Summer Education task 2012 Force 1 Orlando, FL 3 days Auto 0 1 $500 NAEE Summer (Environmental Washington, 2012 Educators ) 1 DC 5 days 1 Air /$500 $100 $1500 Meet with Region July 2012 4 Staff 4 Atlanta, GA 3 days Air /$1,000 $0 $2,000 Aug 2011 FLERA 1 Florida 3 days Auto $100 $600 US EPA Community July 18 -20, Involvement Washington, 2012 Conference I DC 5 days Air /$300 $250 1 $1,500 FY12 Local Travel 4 Various <1 day Auto $100 $7,845 Total $21,000. Charlotte Harbor National Estuary Program 41 FY 12 Workplan- 5/21/2012 no .,*N Mal 1611 A7 FY13 Travel Documentation Travel funds will be used for purposes such as travel to NEP Directors Meetings, National and state conferences, meetings with EPA staff in Atlanta and Washington D.C. Table 9: Projected Travel in FY13 Charlotte Harbor National Estuary Program 42 FY 12 Workplan- 5/21/2012 Travel # Length Mode/Est. Reg. Date Purpose Travelers Location of Stay Cost Fee Estimated Cost Oct. Columbus, 2012 NAGAMI? 1 Ohio 4 Air 250 $1,000 Restore Nov. America's 2012 Estuaries 2 Tampa, FL 4 Auto $800 $2,500 Nov. ANEP Director's 2012 Meeting 1 Tampa, FL 1 day Auto $100 $500 FL Association of Benthologists Annual Meeting & Marine Nov. Taxonomy 2012 1 Workshop 1 Tampa, FL 3 days Auto $150 1 $500 Florida Social Jan Marketing 2013 Committee 1 Ocala, FL 2 Auto /$220 $0 $600 Jan Gainesville, 2013 SCENE 1 FL 2 Auto /$240 $0 $500 Feb NEP /EPA Washington, 2013 Spring Mt g. 2 DC 4 days Air /$600 $300 $2,500 FL Academy of March Sciences Annual St. 2013 Meeting 1 Petersburg 2 days Auto $60 $600 Spring GOMA/NOAA 2013 Workshop 1 unknown 3 days Auto /$110 $0 $700 Statewide Gulf Spring of Mexico Tallahassee, 2013 Program 1 FL 4 days Auto /245 $0 $640 May EPA Region 4 2013 /Regional NEPs 4 Atlanta, GA 3 days Air /$1,000 $0 $2,000 Jul 2013 GEER 2 Naples, FL 3 days Auto $500 $700 Aug 2013 FLERA 1 Florida 3 days Auto $100 $600 FY13 Local Travel 4 Various <1 day Auto $100 $7660 Total $21,000.00 Charlotte Harbor National Estuary Program 42 FY 12 Workplan- 5/21/2012 Workplan Budget Income 1611 , ^.',' 'A Cash receivables to the program increased from FY01 through FY06. Unspent funds, nearly $1 million, were reprogrammed through the FY02 to FY08 workplans and have resulted in many completed technical and public outreach projects. Total funding is projected at over $1,582,000 for FY12, including projects that have carried -over from previous years. For FY13, funding is projected at over $1,450,000, including unspent dollars from previous years. A reserve of approximately $300,000 is available. In last year's FY12 Workplan and FY12 amendment, carry -over contract funds totaled over just under $147,000. For the FY13 Workplan and FY12 amendment, carry -over contract funds total just over $151,000. The amount of carry -over has stabilized at approximately $150,000 or 10% of the all -time high in FY04. Cash Invoiced and Received during the Fiscal Year $1,500,000.00 $1,000,000.00 $500,000.00 $0.00 1 m, bod-, L� I -, I i k a haa L i i i L. -A m m 1 .2 \ ) � \ ' 1 � O 0 0 \ O ti 0 1 \ O � f O ` 1 R l O " \ O D , 1 10 Oh \Z Ooz O^ \O� OQ' \Oq O°1 \NO NO \�ti rti0 Iy0 41 If ' ,ti0 �O ,ti0 r10 ■Proqxam Cash.. $ 2.000.000.00 $1,500,000.00 $1,000,000.00 $?00,000.00 $0.00 Carry -Over Funds from Previous Fiscal Year 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 ■ Seriesl Charlotte Harbor National Estuary Program 43 FY 12 Workplan- 5/21/2012 W /'l,N 1611 Table 10: Charlotte Harbor NEP FY12 and FY13 Income A 7 i Funding Source Approved FY11 Funding FY12 Request Approved FY12 Funding FY13 Re uest Section 320 Funding $598,800.00 $598,800.00 $598,800.00 $597,167.00 Total Federal $598,800.00 $698,800. $597,167.00 DEP $75,000.00 $75,000.00 $75,000.00 $75,000.00 SFWMD $24,783.00 $50,000.00 $24,783.00 $50,000.00 SWFWMD $115,000.00 $130,000.00 $130,000.00 $130,000.00 Peace Manasota Water Supply Authority $3,500.00 $5,000.00 $3,500.00 $5,000.00 Subtotal State and Regional Income $218,283.00 . = $280 000.00 $233 283,00 $1 000.00 Sarasota County $32,000.00 $25,000.00 $25,000.00 $25,000.00 Charlotte County $15,000.00 $15,000.00 $15,000.00 $15,000.00 Lee County $15,000.00 $15,000.00 $15,000.00 $15,000.00 Polk County $15,000.00 $250.00 $15,000.00 Cape Coral $7,500.00 $7,500.00 $7,500.00 $7,500.00 Fort Myers $7,500.00 $7,500.00 $7,500.00 $7,500.00 Sanibel $7,500.00 $7,500.00 Manatee County $5,000.00 $5,000.00 $5,000.00 $5,000.00 Punta Gorda $5,000.00 $5,000.00 $5,000.00 $5,000.00 Bonita Springs $2,500.00 $2,500.00 $2,500.00 $2,500.00 Fort Myers Beach $2,500.00 $2,500.00 $2,500.00 $2,500.00 Venice $2,500.00 $2,500.00 North Port $1,000.00 $1,000.00 $1,000.00 $1,000.00 Winter Haven $1,000.00 $1,000.00 $1,000.00 $1,000.00 Bartow $500.00 $500.00 Arcadia $500.00 Desoto County $500.00 $500.00 Hardee County $500.00 $500.00 Subtotal Local Income J $94,000.00 .,_ :$113,500:00. $87,250.00._ $114,000.00 Friends ofthe Charlotte Harbor Estuary, Inc $2,000.00 $1,000.00 $2,000.00 Calendar Donations $3,486.00 $2,000.00 $3,500.00 $3,500.00 Children's Book Donations $534.00 $500.00 $500.00 $500.00 Nature Festival Sponsorship $14,670.00 $7,500.00 $14,500.00 $7,500.00 Donations for Materials $31.00 $300.00 $30.00 $30.00 Workshop Registrations $131.00 $2,400.00 $2,400.00 $2,400.00 Sustainable Communities Conference $5,080.00 $3,500.00 $4,000.00 $4,000.00 Watershed Summit Sponsorships $5,514.00 National Geographic Grant $2,000.00 TNC Oyster Plan Grant $25,000.00 Cash on hand, end of FY 11 fiscal year $524,063.30 Uninvoiced SWFWMD Contracts, end of 11 $100,878.50 Uninvoiced EPA Funds, end of 11 $11,80733 Anticipated local reserve, end of FY12 $456,967.08 Subtotal GranVPrivate Income $31=446:00 $16aO0.001 $68767933 $476897.08 Match In -Kind: SFWMD Initiatives $598,800.00 $598,800.00 $598,800.00 $597,167.00 Subtotal In- Kind $598 500.00 .£ $598,806.00 $59 800.00,1-1 $2 018 481.08 Grand Totals in the Fiscal Year $1541329:00 . =�,$li 7 .QO ,$2 OS 812.53 $1,371` 14.08 Program Cash $942,529.00 $988,500.00 $1,607,012.53 $597,167.00 Charlotte Harbor National Estuary Program 44 FY 12 Workplan- 5/21/2012 ,1 FY12 Budget Amendment Major changes within the amended FYI budget included: • Carry -over amounts from FYI l contracts were added, totaling $151,093. • Fringe decreased due to new FRS required employee contribution of 3% of salary and indirect rates increased. • CHNEP Deputy Director was named Interim SWFRPC Executive Director, reducing time contribution to CHNEP. • TNC approved $25,000 to support the development of an Oyster Restoration Plan. • CHNEP staff directed to work opposing state preemption of local fertilizer ordinances, require increase in advocacy budget. Table 11: FVl l Rudoet (amended R/22/11) Task # Task Personnel Fringe Travel Supplies Other Indirect Total 1 Management & Admin. $76,600 $33,400 $10,000 $7,000 $11267 $63,100 $201,367 2 Public Outreach $61,900 $27,000 $2,500 $1,000 $232,072 $51,000 $375,472 3 Research $29,200 $12,700 $1,000 $50 $295,006 $24,000 $361,956 4 Restoration $64,100 $28,000 $7,000 $50 $18,000 $52,700 $169,850 5 Advocacy & Leg Action $15,900 $6,900 $500 $0 $5,000 $13,100 $41,400 Total $247,700 $108,000 $21,000 $8,100 $561,345 $203,900 $1,150,045 Table 12: Budget Changes between FV12 Rnduet (amended R/22/111 and FV12 Rndaet Amendment (nnae S�.l Task # Task Personnel Fringe Travel Supplies Other Indirect Total 1 Management & Admin. $2,600 $1,700 $0 $3,750 $9,567 $600 $8,417 2 Public Outreach $6,400 ($3,200 ) $0 $0 $56,972 $4,000 $43,372 3 Research ($12,000 ($5,600 ) $0 $0 $96,756 $9,200 $69,956 4 Restoration ($500 ) ($600 $0 $0 $18,000 $700 $17,600 5 Advocacy & Leg Action $12,700 $5,500 $0 $0 $0 $10,500 $28,700 Total 1 ($8,800 ) ($5,600) $0 $3,750 $181,295 $2,600 $168,045 Charlotte Harbor National Estuary Program 45 FY 12 Workplan- 5/21/2012 ,1_1\ 1611 A7 M FY13 Budget As in previous years, the Technical Advisory Committee (TAC) recommends specific research projects for funding and Citizens Advisory Committee (CAC) recommend public outreach projects for funding. Carry -over funding for FYI and earlier is shown in the FY12 budget amendment. Next year the FYI budget will be amended to address carry -over from FY12 and earlier. Project tracking will be accomplished at the task level (1, 2, etc.) Staff hours and deliverables are tracked at the sub -task level. Table 13 is the C14NEP Budget. Additional fiscal controls occur through the contracts with partners. Contractual fiscal controls will remain in place. However, the broader CHNEP task -based controls allows for funding to be directed at a policy level. Table 18 is the EPA Cooperative Agreement amounts. For FY12, it is anticipated that the in -kind match will be restoration projects which are funded through the SFWMD and Lee County but may include cash match to support CHNEP programs. The EPA Cooperative Agreement budget does not include cash which supports the CHNEP from other partners. Reserve The auditors for CHNEP's host agency, the Southwest Florida Regional Planning Council, recommended that the agency establish a 6 month operating reserve. With the FY 13 budget, we have established a reserve of $263,454 in local deferred income. This reserve accounts for 5.6 months of operating costs. Charlotte Harbor National Estuary Program 46 FY 12 Workplan- 5/21/2012 1611•' A% Table 13: FYI Worknlan Budget Amendment Task # Task Personnel Fringe Travel Supplies Other Indirect Total 1 M mt. Conference $76,600 $33,400 $10,000 $7,000 $11,267 $63,100 $201,367 2 Outreach $61,900 $27,000 $2,500 $1,000 $232,072 $51,000 $375,472 3 Research $29,200 $12,700 $1,000 $50 $295,006 $24,000 $361,956 4 Restoration $64,100 $28,000 $7,000 $50 $18,000 $52,700 $169,850 5 Legislation $15,900 $6,900 $500 $0 $5,000 $13,100 $41,400 Total $247,700 $108,000 $21,000 $8100 $561,345 $203,900 $1,150,045 l able 14: V Y 1L hYA U o erat e A reemenii Task # Task Personnel Fringe Travel I Supplies Other Indirect Total 1 M mt. Conference $71,300 $31,600 $10,000 $3,250 $1,700 $57,300 $175,150 2 Outreach $61,500 $27,200 $2,000 $1,000 $155,100 $49,500 $296,300 3 Research $7,000 $3,100 $1,000 $50 $5,600 $16,750 4 Restoration $46,100 $20,400 $7,000 $37,100 $110,600 5 Legislation $5,000 $36,400 $0 In -Kind Total $598,800 $75,000 $130,000 $0 $598,800 $341,245 $598,800 $185,900 $82,300 $20,000 $4,300 $755,600 $149,500 $1,197,600 Table 15: FY12 SWFWMD Contract Task Project SWFWMD Project Total 1 CCHW MN $50,000 $50,000 2 PAR-estimating tool (Spectral Model $40,000 $80,000 3 Staff Support task 3 $40,000 $80,000 Totals $130,000 $210,000 i aDie lb: r Y 1L r +main JOUrces # Task Federal FDEP SWFWMD SFWMD Manatee Local/ Grants Total 1 Management & Admin. $175,150 $26,217 $201,367 2 Outreach $296,300 $79,172 $375,472 3 1 Research $16,750 $45,000 $130,000 $170,206 1 $361,956 4 Restoration $110,600 $30,000 $29,250 $169,850 5 Legislation $5,000 $36,400 $41,400 $598,800 $75,000 $130,000 $0 $5,000 $341,245 $1,150,045 Charlotte Harbor National Estuary Program 47 FY 12 Workplan- 5/21/2012 ''N n /"\ 1611 A7 1 aDle iii: r Y 13 Table 17: FY13 Work plan Bud et Task # Task Personnel Fringe Travel Supplies Other Indirect Total 1 M mt. Conference $78,400 $34,200 $10,000 $7,250 $16,700 $64,600 $211,150 2 Outreach $68,600 $29,900 $2,500 $1,000 $214,600 $56,500 $373,100 3 Research $46,400 $20,300 $1,000 $50 $218,010 $38,200 $323,960 4 Restoration $47,300 $20,600 $7,000 $50 $40,000 $38,900 $153,850 5 Legislation $17,800 $7,800 $500 $0 $5,000 $14,700 $45,800 Total $258,500 $112,800 $21,000 $8,350 $494,310 $212,900 $1,107,860 1 aDle iii: r Y 13 E' rA 1:00 erativ Agreement Task Task # Task Personnel Fringe Travel Supplies Other Indirect Total 1 M mt. Conference $70,600 $30,800 $10,000 $80,000 $16,700 $58,100 $186,200 2 Outreach $61,700 $26,900 $2,000 $183,967 $50,900 $325,467 3 Research $7,800 $3,400 $1,000 $130,260 $6,500 $18,700 4 Restoration $26,500 $11,500 $7,000 $57,050 $21,800 $66,800 5 Legislation $5,000 $40,800 $45 8 $0 $597 333 In -Kind $130,000 $0 $5,000 $300,527 $597,167 $597,167 Total $166,600 $72,600 $20,000 $0 $797,834 $137,300 $1,194,334 'fable 19: FY13 Proposed SWFWMD Contract sources Task Project SWFWMD Project Total 1 CCHW MN $50,000 $50,000 2 Coral Creek and Alligator Creek Restoration Monitoring $40,000 $40,000 3 Staff Support task 3 $40,000 $80,000 $24,950 Totals $130,000 1 $170,000 i aDle zu: r Y i3 r unum sources # Task Federal FDEP SWFWMD SFWMD Manatee Local/ Grants Total 1 Management & Admin. $186,200 $24,950 $211,150 2 Outreach $325,633 $47,467 $373,100 3 Research $18,700 $45,000 $130,000 $130,260 $323,960 4 Restoration $66,800 $30,000 $57,050 $153,850 5 1 Legislation $5,000 $40,800 $45 8 $597 333 $75,000 $130,000 $0 $5,000 $300,527 $1,107,86,01 Charlotte Harbor National Estuary Program 48 FY 12 Workplan- 5/21/2012 !x"ilyl Table 21: Summary Public Education and Information Projects List (for FY12 and FY13) Table 21 represents the individual public education and information projects that will be addressed, including carry -over projects as of October 1, 2011 and in FY 12 and FY 13. FY Project Title Amount 2010 Special places ma (accrued in FYI 1 ) $5,000 2011 Public Outreach Grant: Florida's Magnificent Mangroves Display and Corresponding Teacher Resources/Nature on Wheels $3,500 2011 Public Outreach Grant: No Child Left on Shore /Ca tiva Cruises $2,500 2011 Public Outreach Grant: Leamin , Serving and Splashing/Littleton Element $201 2011 Public Outreach Grant: Get your Feet Wet/VSRT $251 2011 Citizens BMP/New Residents' Guide $10,000 2011 Target audience projects: Initiate "pen al" social media project $6,740 2011 Public Information & Education Professional Development $1,800 2011 DVDs of videos, CHNEP library exhibit, e- learning $7,157 on oin Charlotte Harbor Nature Festival (sponsor funds $14,542 on oin Sustainable Communities Conference(sponsor funds $11,531 Subtotal = $63,222 2012 Public Outreach Grants $30,000 2012 Micro -Grants $12,000 2012 Guides, workshops, websites, etc. to target audiences, including website $15,000 2012 Outreach assistance $3,000 2012 Public Information & Education Professional Development $1,800 2012 Charlotte Harbor Nature Festival: 2011 $7,500 2012 Sustainable Communities Conference $4,000 2012 Public Conference $5,000 2012 Quarterly Newsletter $29,000 2012 Children's book, reprinting and distribution $20,000 2012 Collateral, Displays, Re rintin s, etc $12,000 2012 2012 Calendar $29,000 Subtotal = $168,300 2013 Public Outreach Grants $30,000 2013 Micro -Grants $12,000 2013 Guides, workshops, websites, etc. to target audiences, including website $20,000 2013 Outreach assistance $4,000 2013 Strategic Communication Plan Implementation $28,000 2013 Public Information and Education Professional Development $1,800 2013 Charlotte Harbor Nature Festival 2012 $7,500 2013 Sustainable Communities Conference $4,000 2013 Public Conference $5,000 2013 Quarterly Newsletter $32,000 2013 Children's book, reprinting and distribution $20,000 2013 CCMP $9,000 2013 Collateral, Displays, Re rintin s, etc $12,000 2013 2013 Calendar $29,000 Subtotal = $214,300J Total= $445,822 Charlotte Harbor National Estuary Program 49 FY 12 Workplan- 5/21/2012 Ad /'1 r'\ .r 1611 A7 Table 22: Summary Technical Projects List (for FY12 and FY13) Table 22 represents the individual technical projects that will be addressed in FY12 (totaling $224,885), plus carry -over projects as of October 1, 2011 ($87,871) and FY13 (totaling $257,760). Projects in the two fiscal years total $570,516. 4 Fiscal Year Project Title Amount 2010 Triennial Water Quality Status and Trends Assessment, portion delayed - Janicki Env. $50,505 2011 Water Atlas — USF FL Center for Community Design $19,366 2011 1 Special Issue of Scientific Journal for Watershed Summit - FL Academy of Sciences $18,000 Subtotal = $87,871 2012 FY12 Water Atlas Maintenance — USF $50,000 2012 Water Clarity PAR - estimating Tool $80,000 2012 Coastal Charlotte Harbor Monitoring Network in 5 Strata - FWC & Charlotte County $50,000 2012 Coastal Charlotte Harbor Monitoring Network in Lower Charlotte Harbor - FWC & CHNEP $6,885 2012 Ecosystem Services Ground - truthing - SCCF $20,000 2012 CHNEP Oyster Restoration Plan $18,000 Subtotal = $224,885 2013 FY13 Water Atlas Maintenance and Enhancements— USF $113,500 2013 Coral Creek and Alligator Creek Restoration Monitoring $40,000 2013 Coastal Charlotte Harbor Monitoring Network in 5 Strata - FWC & Charlotte County $55,080 2013 Coastal Charlotte Harbor Monitoring Network in Lower Charlotte Harbor - FWC & CHNEP $9,180 2013 Restoration Partners Program $40,000 Subtotal = $257,760 Total = $570,516 Charlotte Harbor National Estuary Program 50 FY 12 Workplan- 5/21/2012 O Uj W it LCC l� O N W M N t i C e i C i C i C i E F C C s i C U i d e I F W' E h O U U bD it 7 M W N Q cl H [- N 110 O O kn l- kn W) O M .-r O� DD 00 O kn .--i O N M M 69 r-1 o N M can eq 69 GS -0 F~ 69 64 69 64 ti O O o O O 614 ti O O O O O l� it v� O O 69 t O w 00 O O n ti q � w 69 A 0 0 0 w N N In y R 69 64 b�4 Pw o 00 0\ co 69 69 9 O M M .r 00 ON e o 69 69 6�4 a u 69 H4 .9 q a O U O Opt L O I&S 6.q s � a o. d 0 0 0 0 d A 'O m N 69 N 69 .-r 69 6R d" N 6s M q l0 0000 in U 69 69 U b0 In O 69 69 00 C O 00 O 0000 O O 00 O 00 a, I'D 00 00 t1' CD CD N N o 64 U bs 69 Owl OM CD 605, d O V07 W r- O 69 69 00 6n .Z 0 69 Ef� o� V� m O O M � C7 00 00 °0 00 CD O U o v o o C > L 0 C v 0 0 �E~ O O O O O voice u O O O O O � a �O N Ol ll O^ � . d� 00 00 � N 00 I °0 °o O 69 C0 69 I= 69 ell d O O 'f N O O r R 0 69 69 69 o rl b9 0 0 0 0 0 F N Ol M lD o0 00 C O O O CD o O p rAi t. bs 69 69 GS 69 M p a NEf3 C, O o o O p 00 °o 00 0 ° O y v o r- 0 o o rn 06 tn en C m 6 oo � to 00 �+ bs O � W ' Ei4 0= 0 00 O C0 C, O 1 O b O N � y 59 b4 b9 69 b9 � i f+r i W .� 64 7 O F" x Q�--� N M d' kn h O U U bD it 7 M W N Q cl H 1611 N_ N N i O N w _ r-ft� a W Cd r. 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Reg Buxton, Chamber of Commerce Mike Jones, CC Sheriff Office James Elson, Veteran's Council Lee Henderson, CAP Steve Smith, RSVP Karole Smith, Salvation Army Kathleen Marr, MRC Jerry Sanford, CC Fire Chief's Assoc. Heidi Ruster, American Red Cross Expert Consultants Present: Judy Scribner, CCEM Rick Zyvoloski, CCEM, LMS Carolyn Rambosk, North Naples Fire. Meeting was called to order at 3:00 p.m. by Chairman Russ Rainey. Pledge of Allegiance recited and roll call taken. The minutes from the July 18`h, 2012 meeting was approved. Chairman Russ Rainey introduced the new CAP member to the group, Mr. Lee Henderson. Threat Update Lt. Jones reported that the threat level is still elevated- there are no changes. Travelers are advised not to travel to the middle east at this time. Hurricane Season Rick reported that we have had an active season so far, with 6 more storms to hit us. The Bermuda high has been helping us by pushing the storms to the east of us. With El Nino the big driving force, we expect to have a very wet winter with cold temperatures. Rick had 50 people take the Sky Warm Training. Misc. Corres: Date: N\ $\k -'-) item #:%L-0- I :;opies to: 1612 Al ' L.M.S. (Local Mitieation Strateav) Rick reported that we expect to get funding from Tropical Storm Debbie soon. They have put in for a grant from Hurricane Isaac. The next meeting of the LMS is scheduled for Friday, October 19th, 2012. Old Business Nothing to report. Individual Reports Chairman Rainey reports that this meeting ends our last meeting in this fiscal year. We will continue to meet every other month with attendance very important to the Advisory committee. Reg Buxton reports that the Chamber of Commerce has many events planned for the upcoming season. Jim Elson reports that a company in town, Azmuth Corp is dedicating a plaque in front of their building on October 9th to remember the 9 Collier County soldiers killed in the line of duty. In addition, Sunday November I It is Veterans Day. A memorial service will be held in Cambier Park beginning at 10:15 a.m. The guest speaker will be Mr. Wayne Smith a POW who was held capture for 5 years along with Senator John McCain in Viet Nam. This will mark the 50th anniversary of the first casualty in Viet Nam. Jim will be unveiling the monument in Cambier Park after raising $50,000 from 86 people. He is looking for more donations to complete the project. Lee Henderson reports that the CAP is ending their fiscal year the end of September. They are awaiting a MOU between the CAP and Collier County to be approved before they can render assistance to us in the county. They continue to fly and patrol the coastline and assist the Air Force with Homeland Security. Steve Smith reports that they are in a new grant cycle that began in July. He has 490 volunteers in his data base. He is planning a thank you event for his people on November 29th in the Regional Water Park. 1612 Al 4 Jerry Sanford reports that at the Freedom Memorial site, the fence has been moved in so that the people that have purchase bricks can now see them as they walk around the walkway. At the next Freedom Memorial meeting on September 20th, the committee will discuss how the cost of the granite can be reduced by reducing the thickness of the granite thus saving a lot of money. Kathleen Marr reports that the special needs shelter that was opened during Hurricane Isaac had 54 people show up. The new flu vaccine will be given out in October. There were 5 cases of the West Nile virus reported in the panhandle area. No reports in Collier County. Heidi Ruster reports that a MOU has been agreed upon by the Red Cross and Ave Maria University. The Red Cross opened 8 shelters for Hurricane Isaac that were staffed by 55 volunteers. They still have 4 volunteers serving in other states. Russ Rainey reports that Hurricane Isaac was a good exercise. The Community of Fiddlers Creek surveyed 13 different neighborhoods. Three communities within Fiddlers Creek will again qualify as "Fire Wise" communities. Meeting was adjourned at 3:45 p.m. Minutes submitted by Jerry Sanford for approval. I( Approved by Russell Rai ey, Chairman Date H w Cl 0 pq 0 d a 0 0 a� U'' N O N O rIA 1612 Al pA �a 0 a W a z o o av a vo a vo ax ro �aa uo v o a o a v o U o n vava o 1011 OR, v 4 v � 0 0 � IkJ PQ W 'I- W eq 1612 41 N-3 VN 4�6 ir 14 kn u u 0 u 0 u 4) u 14 G u � 1 141 a) u o — 0 u �� 0 u I OR u ul Qi "Al 411 -VI -:t \4j *311 '75 L 1612 CAC September 13, 2012 VI -1 Approval of Minutes 1 of A 41rs gJ4' i y MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE p � T917 W Naples, Florida, August 9, 2012 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: Fiala Hiller Henning Coyle Coletta CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke (Excused) Anthony Pires (Excused) Robert Raymond (Excused) Joseph A. Moreland Victor Rios Wayne Waldack Linda Penniman (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Klatzkow, County Attorney -6C. Corres: Gail Hambright, Accountant Date: \ g� t 3 Dr. Michael Bauer, City of Naples Item #: tU-X2142 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Linda Penniman was welcomed as a new member of the Coastal Advisory Committee. Chairman Sorey acknowledged Randy Moity was present (he is waiting for the Board of County Commissioners to re- appoint him to the Committee). IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following addition: • Item IX.1 —Update on Wiggins and Doctors Pass projects Second by Mr. Moreland. Carried unanimously S — 0. V. Public Comments None VI. Approval of CAC Minutes 1. June 8, 2012 Mr. Rios moved to approve the minutes of the June 8, 2012 Coastal Advisory Committee meeting as presented. Second by Mr. Waldack. Carried unanimously S -0. VIL Staff Reports 1. Expanded Revenue Report — Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 12 Revenue Report" as reported through June 31, 2012. VIII. New Business 1. Beach Renourishment; Emergency Truck Haul; Options and Discussions Gary McAlpin presented the Executive Summary "Review and Discuss Beach Renourishment and Emergency Truck Haul Options " dated August 9, 2012 for consideration. He reported there are currently two beach erosion "hot spots" in the County located adjacent to the La Playa to just north of the Ritz Carlton (R26 — R30) and from Lowdermilk Park to Naples Golf and Beach Club (R61 — R633.5). The BCC has previously directed staff to develop a modified plan to move up the proposed FYI 3/14 renourishment to FY12 /13. Upon investigation, the Biological Opinions required in the permit process preclude any renourishment other than a small scale truck haul project this year. CAC September 13, 2012 1612 VI -1 Approval of Minutes 2 o f 4 A 2 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Linda Penniman was welcomed as a new member of the Coastal Advisory Committee. Chairman Sorey acknowledged Randy Moity was present (he is waiting for the Board of County Commissioners to re- appoint him to the Committee). IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following addition: • Item IX.1 —Update on Wiggins and Doctors Pass projects Second by Mr. Moreland. Carried unanimously S — 0. V. Public Comments None VI. Approval of CAC Minutes 1. June 8, 2012 Mr. Rios moved to approve the minutes of the June 8, 2012 Coastal Advisory Committee meeting as presented. Second by Mr. Waldack. Carried unanimously S -0. VIL Staff Reports 1. Expanded Revenue Report — Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 12 Revenue Report" as reported through June 31, 2012. VIII. New Business 1. Beach Renourishment; Emergency Truck Haul; Options and Discussions Gary McAlpin presented the Executive Summary "Review and Discuss Beach Renourishment and Emergency Truck Haul Options " dated August 9, 2012 for consideration. He reported there are currently two beach erosion "hot spots" in the County located adjacent to the La Playa to just north of the Ritz Carlton (R26 — R30) and from Lowdermilk Park to Naples Golf and Beach Club (R61 — R633.5). The BCC has previously directed staff to develop a modified plan to move up the proposed FYI 3/14 renourishment to FY12 /13. Upon investigation, the Biological Opinions required in the permit process preclude any renourishment other than a small scale truck haul project this year. X 202 1 6 1 2 rovautes In order to address the " hotspots," staff has developed two options for consideration: Option 1 Emergency truck haul sand to the hotspots in Vanderbilt Beach and Naples Beach immediately after turtle nesting season to be followed by a comprehensive renourishment in 2014. Option 2 Do nothing immediately and continue with the 911512013 to 61112014 renourishment. Committee discussion occurred on the status of the major beach renourishment, ramifications of the required biological opinions, and the merits of the options outlined by Staff to address the "hot spots." Speakers Mick Moore, Vanderbilt Beach Resort Bob Krasowski John McGaunn, Ritz - Carlton Hotel Hunter Hansen, Waldorf Astoria Naples Mr. Rios moved to recommend the Board of County Commissioners authorize an emergency beach renourishment project for the two areas outlined by staff, to be completed in the most timely and economically efficient manner. Second by Mr. Moreland. Carried unanimously S — 0. Chairman Sorey requested staff to communicate with representatives of the hotels /resorts affected by the erosion to ensure they understand the physical locations and related quantities of sand to be placed under the auspices of the project. Gary McAlpin reported the CAC will be holding a workshop immediately prior to their next regular meeting (September 13, 2012) to discuss the major beach renourishment options. The options will be presented to the Board of County Commissioners at their September 25, 2012 meeting for consideration. IX. Old Business 1. Update on Doctors and Wiggins Pass projects Wi��ins Pass Gary McAlpin provided an update on the project noting the Florida Department of Environmental Protection is in receipt of all technical information required for the permits and is awaiting submittal of a "letter of consistency" from the County and the Delnor Wiggins State Park Use Agreement. Doctors Pass Gary McAlpin reported Tropical Storm Debby caused shoaling in the area of Doctors Pass. The areas affected have been marked with temporary buoys. The City 1612 Lepternber 13, 4 of 4 PP ovall of M n test of Naples and Moorings Bay Taxing District are taking the necessary steps to remove the sand. X. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date/Location September 13, 2012 6:00 p.m. — Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:27 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chairman These minutes approved by the Board /Committee on as presented or as amended - k 1612p CAC October 11, 2012 VI -2 Approval of Minutes 2 o 5 1 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE 0 Naples, Florida, September 13, 2012 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 7:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3 r Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Anthony Pires Randy Moity Fiala''` Linda Penniman Hiller �� Robert Raymond Henning Coyle Joseph A. Moreland Coletta _ Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeffery Klatzkow, County Attorney Gail Hambright, Accountant ac. Corres: Dr. Michael Bauer, City of Naples Date: %`g11'3 Edward Finn, Sr. Budget Analyst, OMB °:tern #: ��?� Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 7:19 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Waldack moved to approve the Agenda subject to the following change: • Hearing item VIII.5 Renourishment Options; Discussions and Recommendations Main Collier County Beaches after item V. Second by Mr. Rios. Carried unanimously 9 — 0. V. Public Comments Speaker Marcia Cravens VIII. New Business 5. Renourishment Options; Discussion and Recommendations Main Collier County Beaches Gary McAlpin presented the Executive Summary "Recommendation to approve a six year design and permitting plan for the FY2013114 Vanderbilt, Park Shore and Naples beach renourishment of and make a finding that this item promotes tourism " dated September 13, 2012 for consideration. Edward Finn reported after analyzing the budget, funding will be available to complete the proposed project, but will require use of all reserves. Speakers Bob Krasowski Marcia Cravens, Sierra Club Mr. Rios moved to recommend the Board of County Commissioners approve a six year design and permitting plan for the FY2013114 Vanderbilt, Park Shore and Naples beach renourishment and make a finding the item promotes tourism. Second by Mr. Waldack. Carried unanimously 8 `yes" —1 "no. " Mr. Pires voted "no. " VI. Approval of CAC Minutes 1. August 9, 2012 Mr. Rios moved to approve the minutes of the August 9, 2012 Coastal Advisory Committee meeting subject to the following change: CAC October 11, 2012 VI -2 Approval of Minutes 2of5 161 A 2 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 7:19 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Waldack moved to approve the Agenda subject to the following change: • Hearing item VIII.5 Renourishment Options; Discussions and Recommendations Main Collier County Beaches after item V. Second by Mr. Rios. Carried unanimously 9 — 0. V. Public Comments Speaker Marcia Cravens VIII. New Business 5. Renourishment Options; Discussion and Recommendations Main Collier County Beaches Gary McAlpin presented the Executive Summary "Recommendation to approve a six year design and permitting plan for the FY2013114 Vanderbilt, Park Shore and Naples beach renourishment of and make a finding that this item promotes tourism " dated September 13, 2012 for consideration. Edward Finn reported after analyzing the budget, funding will be available to complete the proposed project, but will require use of all reserves. Speakers Bob Krasowski Marcia Cravens, Sierra Club Mr. Rios moved to recommend the Board of County Commissioners approve a six year design and permitting plan for the FY2013114 Vanderbilt, Park Shore and Naples beach renourishment and make a finding the item promotes tourism. Second by Mr. Waldack. Carried unanimously 8 `yes" —1 "no. " Mr. Pires voted "no. " VI. Approval of CAC Minutes 1. August 9, 2012 Mr. Rios moved to approve the minutes of the August 9, 2012 Coastal Advisory Committee meeting subject to the following change: 1 [ SAC October of Minutes o VI -2 Approval of Minutes 1 of 5 A2 + • Page 2, Item VIII. New Business paragraph 1, line 6 —from "...Beach Club (R61 — R633.5)." to "...Beach Club (R61 — R63.5)." Second by Mr. Raymond Carried unanimously 9 — 0. VII. Staff Reports 1. Expanded Revenue Report — Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY12 TDC Revenue Report" dated through August 31, 2012. 3. FSBPS Conference on 9/26 — 28 Waldorf Astoria, Naples Gary McAlpin reported the 56th Annual Florida Shore & Beach Preservation Association Conference will be held September 26 — 28 at the Waldorf Astoria, Naples, Florida Speaker Bob Krasowski VIII. New Business (continued) 1. FEMA De- obligation Discussion Gary McAlpin presented the Executive Summary "Recommendation to direct the County Manager to pursue recovery of de- obligated Federal Emergency Management Agency (FEMA) payments from Hurricanes Katrina and Wilma and authorize expenditures up to $100, 000 for technical, legal and professional resources to support the recovery effort" dated September 13, 2012 for informational purposes. 2. Local Management Funding Request (LGFR) to FDEP a. Collier County Beach Nourishment Project b. South Marco Island Beach Renourishment Gary McAlpin presented the copy of a letter from Stephen Keehn, P.E. of Coastal Planning and Engineering to Alex Reed of the Florida Bureau of Beaches and Coastal Systems dated September 18, 2012 — Re: "Collier County Beach Nourishment Project Fiscal Year 201312014 Funding Request" for informational purposes. Speakers Bob Krasowski Marcia Cravens 3. Wiggins Pass Plans and Specification Proposal Gary McAlpin presented a letter from Stephen Keehn dated September 10, 2012 - Subject: "Scope of Work under Contract No. 10 -5572 — Plan, Specification and Construction Service Phase Task Order for Wiggins Pass Permitting. Modeling and Inlet Management" outlining a proposed scope of work for time and materials not to exceed an amount of $56,471.00 for consideration. Mr. Moreland moved to recommend the Board of County Commissioners approve the proposed Scope of Work at an amount not to exceed $56,471.00. Second by Mr. Burke. Carried unanimously 9 — 0. 6 1.2 1 A 2 CAC October 11, 2012 VI -2 Approval of Minutes 4of5 4. Peer Review Wiggins Pass Straightening Gary McAlpin presented a letter from Erik Olsen of Olsen Associates, Inc. — Coastal Engineering dated August 30, 2012 - "Re: Peer Review for Wiggins Pass Channel Improvements " that outlined a proposal to complete a Peer Review for the Wiggins Pass Straightening Project at a cost of $36,500.00. The consultant is not a under contract with the County and work would be placed through Atkins, who is under contract with the County. To place the contract through Atkins, an additional 5 percent mark up fee and administrative costs are proposed to be added to the proposed expenditure. Mr. Waldack moved to recommend the Board of County Commissioners approve the Scope of Work as proposed Second by Mr. Moity. Carried unanimously 8 `yes" —1 "no. " Mr. Pires voted "no. " Mr. Pires reported his "no vote" was predicated on concern the proposal does not comply with the Consultant Competitive Negotiations Act (CCNA). IX. Old Business Gary McAlpin reported it has been brought to his attention that an issue has arisen with the State of Florida, Department of Parks and Recreation questioning the property boundary for Delnor- Wiggins State Park. The issue may cause delays in implementing the Wiggins Pass Straightening Project. Mr. Moity expressed concern on the limited funds available for major beach renourishment. He recommended the committee reconsider the action taken at the August 9, 2012 CAC Meeting whereby the committee recommended approval of an emergency truck haul sand project at Vanderbilt Beach and Naples Beach hot spots to be completed immediately after turtle nesting season (followed by comprehensive renourishment anticipated in 2014). Staff and the Committee discussed the ramifications of the actions Chairman Sorey polled the Committee on if the previous action should be re- considered The Committee determined not to reconsider the previous action. Speakers Mick Moore, Vanderbilt Beach Resort Mike Walters, Naples Beach Hotel X. Announcements None XI. Committee Member Discussion Mr. Moity noted, given the current state of funding for beach renourishment, alternative funding sources need to be identified (commercial business contributions, establishment of a TIF, etc.). XII. Next Meeting Date/Location October 11, 2012 — Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 8:38 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chairman These minutes approved by the Board/Committee on 6 & U Lq— Q ,� as presented or as amended CAC October 11, 2012 16 VI -2 Ap royal of Minutes 51A5 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 8:38 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chairman These minutes approved by the Board/Committee on 6 & U Lq— Q ,� as presented or as amended . A2 16 CAC October 11, 2012 VI -1 Approval Of Minutes 1 of 3 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE /TOURIST DEVELOPMENT COUNCIL JOINT WORKSHOP Naples, Florida, September 13, 2012 BY:....., ................. LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee and the Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 6:00 P.M. in WORKSHOP SESSION in Administrative Building "F ", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Klatzkow, County Attorney Gail Hambright, Accountant Bill Lorenz, Director, Natural Resources Department ;ices: Dr. Michael Bauer, City of Naples Date: item -*-. \tA 'vCnIeS '0. TDC CAC CHAIRMAN: Murray H. Hendel CHAIRMAN: John Sorey, III VICE CHAIRMAN: Rick Medwedeff VICE CHAIRMAN: Jim Burke Susan Becker Randy Moity Clark Hill Anthony Pires Robert Miller Linda Penniman Ed (Ski) Olesky Robert Raymond Fiala i Joseph A. Moreland Hiller Victor Rios Henning Coyle Wayne Waldack Coletta ?C ` ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Klatzkow, County Attorney Gail Hambright, Accountant Bill Lorenz, Director, Natural Resources Department ;ices: Dr. Michael Bauer, City of Naples Date: item -*-. \tA 'vCnIeS '0. 16 12 A 2 VIA v 1 -1 Approval Of Minutes tes 2 of 3 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 6:00 p.m. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Waldack. Carried unanimously 8 -0. VIII. New Business 1. Presentation and Discussion on Engineering and Design Considerations/Parameters Necessary to Successfully Renourish Collier County Beaches in 2013/2014. Stephen Keehn, P.E. of Coastal Planning and Engineering, Inc. presented the Slideshow "Collier County: Beach Design" dated for information purposes. The presentation outlined parameters for the Beach Design process for the proposed Beach Renourishment of Collier County Beaches that is anticipated to take place in 2013/2014. He reported: • The design is a "6 -year design" based on the 2006 renourishment template using a concept of identifying quantities of sand required and placed based on detailed studies at monument stations. • Some areas currently require for no sand to be placed, while other areas will require placement to achieve the design parameters. • The project is anticipated to begin September 15, 2013 and completed by June 1, 2014 2. Review of Discussion of Quantities required for a 6 -year; 8 -year and 10 -year design. Gary McAlpin and Stephen Keehn provided an overview of the quantity of sand that would be required to implement a 6, 8 or 10 -year beach renourishment design and outlined funding sources available to complete the project. 3. Public Discussion /Comment Sneakers Bob Krasowski Nicole Johnson, Conservancy of Southwest Florida Mick Moore, Vanderbilt Beach Resort Marcia Cravens, Sierra Club Doug Finlay 1612 A2 VII-1 Approval Of Minutes 3 of 3 Mr. Pires arrived at 6:55p. m. Gary McAlpin notified those in attendance of an anticipated timeline expected for the applicable Advisory Boards and the Board of County Commissioners to review the Beach Renourishment project. Coastal Advisory Committee — Immediately following tonight's workshop during the regular CAC Meeting Tourist Development Council — September 24, 2012 Board of County Commissioners — September 25, 2012 IX. Announcements None X. Committee Member Discussion None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:10 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chair an These minutes approved by the Board /Committee on l 1 ' d l as presented �>,v or as amended 161,2-CAAoZe,8,2012' VI -1 Approval of CAC Minutes 1 of 5 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, October 11, 2012 D LET IT BE REMEMBERED, the Collier County Coastal Advisory Cor NIftee " " "' in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Anthony Pires Randy Moity (Excused) Linda Penniman Robert Raymond (Excused) Her;ning Joseph A. Moreland (Excused) Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Misc. Corres: Date: a, rx' _ Item #: l(.-a -1Z 2142 to: A i ovember 8, 2012 161? ' CA ` VI -1 Approval of CAC Minutes 2of5 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Waldack. Carried unanimously 6 — 0. V. Public Comments Speaker Bob Krasowski VI. Approval of CAC Minutes 1. September 13, 2012 Workshop Mr. Rios moved to approve the minutes of the September 13, 2012 Coastal Advisory Committee Workshop. Second by Ms. Penniman. Carried unanimously 6 - 0. 2. September 13, 2012 Regular Meeting Ms. Penniman moved to approve the minutes of the September 13, 2012 Coastal Advisory Committee Regular Meeting. Second by Mr. Rios. Carried unanimously 6 — 0. VII. Staff Reports 1. Expanded Revenue Report — Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 12 TDC Revenue Report" dated through September 30, 2012. Gary McAlpin submitted the document "Staff Report — CAC Meeting on 10/11112" for information purposes. Related backup documentation for the individual items were included as attachments to the document. 2. Status of Emergency Beach Renourishment for Portions of the Vanderbilt and Naples Beaches Back up material 1. Executive Summary "Recommendation to approve the Vanderbilt and Naples Beach Emergency Beach Renourishment Resolution, make a finding that these beaches are critically eroded and TDC funds can be used for renourishment, allow an expedited competitive process to renourish these beaches, authorize the County Manager or his 1612 A2cNovernber 8, 2012 VI -1 Approval of CAC Minutes 3of5 designee to approve the contract but not issue the Notice -to- Proceed until contract ratification by the Board, authorize the expenditure of up to $650, 000 Category A Tourist Development Funds, and approve all necessary budget amendments " dated October 11, 2012 for information purposes. He noted the proposal has been approved by the Board of County Commissioners subject to an expedited 10 day bid process. 2. Resolution by the Board of County Commissioners declaring critically eroded beaches in Collier County and the City of Naples. The Committee requested that Staff investigate the feasibility of establishing an annual sand source contract to facilitate beach renourishment projects. The results of the investigation to be reported back to the Committee. Speaker Bob Krasowski 3. Status of Marco South • Erosion Control Structure Rebuild • Beach Renourishment Gary McAlpin provided the update noting that the construction is anticipated to begin in December 2012 with the beach rock work to be completed immediately. The renourishment will be integrated with the rock rebuild work and needs to be completed by May 1, 2013. 4. Status of the Wiggins Pass Project Gary McAlpin provided the update noting that FDEP's (Florida Department of Environmental Protection) permit application is ready to be issued. The US Army Corps of Engineers permit will be drafted after the FDEP's permit is issued and the Biological Opinions for Piping Plovers and Sea Turtles have been addressed. A peer review is being conducted on the methodology of the project and is expected to be completed on December 15, 2012. All work must be completed by May 1, 2013. 5. Status of the Major Beach Renourishment Project Gary McAlpin provided the update noting that the Board of County Commissioners directed Staff to move forward with a 6 year design. A peer review is proposed for the recommended quantity of sand to be placed on the beaches. Speaker Bob Krasowski Marcia Cravens, Sierra Club 6. Clam Pass Emergency Status/Position Gary McAlpin reported that as a result of Tropical Storm Debby, the mouth of Clam Pass was encumbered with sand causing the Pass to migrate northwest. Currently there are no permits in place so the County cannot take remedial action to repair the damage. Staff 16 12 AZ ovember 8, 2012 VI -1 Approval of CAC Minutes 4of5 continues to pursue the required permits to undertake the work necessary to ensure the Pass functions properly. Speaker Jim Hoppensteadt Marcia Cravens, Sierra Club 7. Discussion of BCC Comments of Failures to Manage Beach Renourishment Timing. Backup Material Document titled "Discussion of BCC comments for failure to manage beach renourishment timing for the next major renourishment of Vanderbilt, Park Shore and Naples Beaches" dated October 9, 2012. Mr. Rios moved to direct the Chairman of the Committee to forward a memorandum to the Board of County Commissioners regarding the chronological history of activities and direction related to the upcoming beach renourishment. Second by Mr. Burke. Carried unanimously 6 — 0. VIII. New Business 1. Approval of a Proposal by Coastal Planning & Engineering to develop Plans and Specifications for Wiggins Pass. Gary McAlpin presented a letter from Stephen Keehn dated September 10, 2012 — Subject: "Scope of Work under Contract NO. 10 -5572 — Plan, Specification and Construction Phase Task Order for Wiggins Pass Permitting. , Modeling and Inlet Management" outlining a proposed scope of work for time and materials not to exceed an amount of $56,471.00 for consideration. Mr. Pires stated the item was approved at the Coastal Advisory Committee September 13, 2012 regular meeting. Mr. McAlpin requested that the action be ratified. Mr. Rios moved to recommend the Board of County Commissioners approve the proposed Scope of Work as outlined by Staff. Second by Mr. Waldack, Carried unanimously 6 — 0. 2. Approval of a Peer Review Proposal for Atkins to Perform and Analysis of Quantities proposed for the next Major Beach Renourishment. Gary McAlpin presented the document "Professional Engineering Services for Peer Review Services of Collier County Beaches for Coastal Management" dated October 11, 2012 for consideration. He reported that the proposal is for the consultant to review the beach design methodology for the Vanderbilt, Park Shore and Naples Beach proposed renourishment project at a cost not to exceed $15,905.00. Chairman Sorey stated that he cannot support the request as the proposed review is unwarranted and not a prudent use of funds. 1612 AG CAC November 8, 2012 VIA Approval of CAC Minutes 5of5 Mr. Rios moved to recommend the Board of County Commissioners approve a scope of work for Professional Engineering Services for Peer Review Services of Collier County Beaches for Coastal Management as proposed at a cost not to exceed $15,905.00. Second by Mr. Pires. Motion carried S "yes" — I "no. " Chairman Sorey voted "no." 3. Approval of a Revised Design for the Marco South Beach Renourishment. Gary McAlpin presented a copy of an email from Michael Poff — Subject: "Beach Fill Volume for South Marco " notifying Staff, per their request, a volume analysis for the South Marco Beach project has been completed. Based on the analysis, the revised quantity of sand required for the project is 77,000 cubic yards. Mr. Waldack moved to recommend the Board of County Commissioners approve the revised construction and technical specifications for the proposed scope of work to renourish Marco Island South Beach. Second by Mr. Rios. Carried unanimously 6 — 0. IX. Old Business Chairman Sorey reported that Staff will be posting the meeting packet online for members to review and /or download with a hard copy being made available at the meeting. X. Announcements None XI. Committee Member Discussion Gary McAlpin provided an update on the Tigertail Beach Boardwalk, noting that the project is ongoing. Mr. Burke requested clarification on whether the Pelican Bay Services Division is aware of the issues associated with Clam Pass. Speaker Marcia Cravens reported the Pelican Bay Clam Bay Subcommittee is aware of the ongoing issues associated with the Pass. XII. Next Meeting Date/Location November 8, 2012 — Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:52 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, ChPArman These minutes approved by the Board /Committee on —,as presented >— or as amended 16 12 14 ' September 7, 2012 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 7, 2012 BY: ....................... LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc. Corres: Date: t 3 Item:��Z Copies to: C yi ✓ _ _ ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Misc. Corres: Date: t 3 Item:��Z Copies to: 1612A3 September 7, 2012 Any person who decides to appeal a decision of the Special Magistrate 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. Neither Collier County nor the Special Magistrate shall be responsible for providing this record. I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 AM. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:15am Reconvened.' 9:37am II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda item numbers): Under item V.B — Hearings, the following case was moved to V.0 — Motion for Continuance: • 25 - CASE NO: CEPM20120008040 - KEVIN CLIFFORD AND JANET CLIFFORD • 15 - CASE NO: CEAU20120005135 - WSC HOMES LLC Under VI.A — Motion for Imposition of Fines, the following case was moved to IV.0 — Motion for Extension of Time • 5 - CASE NO: CESD20110000968 - ETHEL MATA • 1 - CASE NO: CEAU20110003326 - CHANTELL VIDAL AND EVELINA VIDAL Under item V.B — Hearings, the following cases were moved to V.A — Stipulations: • 11 - CASE NO: CESD20120002950 - MERCEDES ORTIZ • 27 - CASE NO: CESD20110004735 - CHARLOTTE P. BYERS • 10 - CASE NO: CEROW20110003833 - CHANTELL VIDAL AND EVELINA VIDAL • 19 - CASE NO: CEPM20120008080 - TEOFILO RODRIGUEZ • 22 - CASE NO: CEV20120010619 - CARL A. CHASE III • 17 - CASE NO: CEV20120009124 - WENDY E. NOBLE • 6 - CASE NO: PU4904- CEEX20120011454 - NAPLES OXFORD LTD PARTNERSHIP • 7 - CASE NO: PU4909- CEEX20120012513 - NAPLES CARRIAGE LLC Under item V.B — Hearings, the following cases were withdrawn: • 1 - CASE NO: S0177914- CEEX20120009399 - MELVIN HENTOFF AND THELMA HENTOFF • 3 - CASE NO: PR048548- CEEX20120008429 - BYRON KEYSER • 4 - CASE NO: PR048722- CEEX20120011268 - GRANT MOTOR CORP. • 5 - CASE NO: PR048606- CEEX20120011161 - TOBIN TIMMONS • 13 - CASE NO: CEPM20120005699 - HARIS DOMOND AND GUISLEINE DOMOND • 14 - CASE NO: CELU20120005445 - VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA • 20 - CASE NO: CENA20120008316 - TEOFILO RODRIGUEZ • 21 - CASE NO: CEPM20120007449 - MATTHEW D. WILLIAMS 2 1612 A 3 :: September 7, 2012 23 - CASE NO: CEPM20120008523 - ALEJANDRA LYNCH • 26 - CASE NO: CEPM20120005335 - LOWFIELD REALTY GROUP LLC Under VI.A — Motion for Imposition of Fines, the following case was withdrawn: • 4 - CASE NO: CEROW20120000549 - ROGER DALE MOONEYHAM AND ROME MOONEYHAM The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES — August 3, 2012 The minutes of the August 3, 2012 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction /Abatement of Fines None B. Motion for Continuance 1. CASE NO: CESD20120008612 OWNER: EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (B)(1)(a). WORK STARTED WITHOUT PERMITS AND WORKED THROUGH STOP WORK ORDER. FOLIO NO: 00262240006 VIOLATION ADDRESS: 203 WOODSHIRE LANE, NAPLES The Respondent submitted a Motion for Continuance in writing. Investigator Giannone represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance and continued the case until the next hearing date. 2. CASE NO: CEROW20120004592 OWNER: DANIEL J. BARRY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, SECTION 110 -46 AND SECTION 110- 31(a). CULVERT PIPE IN THE ENCLOSED SWALE RUSTED THROUGH AND IN NEED OF REPAIR/REPLACEMENT. FOLIO NO: 62580280003 VIOLATION ADDRESS: 635 104TH AVENUE N, NAPLES The Respondent submitted a Motion for Continuance in writing. Investigator Pulse represented the County stating she had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance and continued the case until the next hearing date. 3. CASE NO: CEPM20120008040 OWNER: KEVIN CLIFFORD AND JANET CLIFFORD OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. 1612 A3 W September 7, 2012 FOLIO NO: 68094280001 VIOLATION ADDRESS: 3539 SANTIAGO WAY, NAPLES Janet Clifford was present. Investigator Giannone represented the County. After discussions, the parties determined a stipulation could be entered. See item V.A. 9. 4. CASE NO: CEAU20120005135 OWNER: WSC HOMES LLC OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: 2010 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 105.1. PERMIT (930007664) FOR WOOD FENCE THAT DID NOT RECEIVE CERTIFICATE OF COMPLETION. PERMIT IS NOW EXPIRED. FOLIO NO: 35752560009 VIOLATION ADDRESS: 2201 43' LANE SW, NAPLES The Respondent submitted a Motion for Continuance in writing. Supervisor Mucha represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for a Continuance. C. Motion for Extension of Time 1. CASE NO: CESD20110000968 OWNER: ETHEL MATA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). A CARPORT ATTACHED TO THE HOUSE AND A SHED IN THE REAR ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT. FOLIO NO: 53500360006 VIOLATION ADDRESS: 906 TAYLOR TERRACE, IMMOKALEE The Respondent submitted a Motion for an Extension of Time in writing. Investigator Rodrigquez represented the County stating she had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for an Extension of Time. 2. CASE NO: CEAU20110003326 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105. 1, AS AMENDED. NEW FENCE HAS BEEN INSTALLED WITH NO PERMITS ISSUED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N, NAPLES The Respondent submitted a Motion for an Extension of Time in writing. Supervisor Mucha represented the County stating he had no objection to the request. The Special Magistrate GRANTED the Respondents Motion for an Extension of Time. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CESD20120002950 1612 A3 September 7, 2012 OWNER: MERCEDES ORTIZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). SEVERAL UNPERMITTED IMPROVEMENTS /ADDITIONS TO INCLUDE CABANAS, STORAGE BUILDING, LANAI, AND ROOF ADDITION WITHOUT PERMITS. FOLIO NO: 35743720007 VIOLATION ADDRESS: 2184 46TH TERRACE SW, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Mercedes Ortiz on August 22, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.20 incurred in the prosecution of this case by October 7,201Z Z Abate all violations by obtaining all required Collier County Building Permit(s) or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy /Completion by December 7, 2012 or a fine of $200.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 2. CASE NO: CESD20110004735 OWNER: CHARLOTTE P. BYERS OFFICER: INVESTIGATOR ART FORD VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS, COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a). PERMIT #2011050244 ISSUED FOR REPLACEMENT WINDOWS, EXPIRED WITHOUT FINAL INSPECTION AND /OR CERTIFICATE OF OCCUPANCY. FOLIO NO: 62773240009 VIOLATION ADDRESS: 797 97TH AVENUE N, NAPLES Investigator Ford requested the hearing. The Stipulation was entered into by the Respondent's representative Tim Byers on September 6, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.64 incurred in the prosecution of this case by October 7, 2012. Z Abate all violations by obtaining all required Collier County Building Permit(s) or Collier County Demolition Permits) and required inspections and Certificate of Occupancy /Completion by March 7, 2013 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal 1612 X13 '4 September 7, 2012 holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. The Special Magistrate stated the Stipulation Agreement was subject to verification by Charlotte Byers. Total Amount Due: $112.64 CASE NO: CEROW20110003833 OWNER: CHANTELL VIDAL AND EVELINA VIDAL OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). ALTERATIONS TO THE RIGHT OF WAY AND THE PERMIT HAS EXPIRED. FOLIO NO: 62520480009 VIOLATION ADDRESS: 843 106TH AVENUE N, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Evelina Vidal on September 6, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.56 incurred in the prosecution of this case by October 7, 2012. Z Abate all violations by requesting or causing inspection through certificate of Completion for Right of Way Permit Number I1- 0294 -E, or remove any an all offending materials from the right of way and return back to original permitted state by March 7, 2013 or a fine of $200.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.56 CASE NO: CEPM20120008080 OWNER: TEOFILO RODRIGUEZ OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). SWIMMING POOL THAT IS NOT BEING MAINTAINED. FOLIO NO: 38393280004 VIOLATION ADDRESS: 5357 HAWTHORN WOODS WAY, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Teofilo A. Rodriguez on September 7, 2012. 1612 A3 i September 7, 2012 1. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the prosecution of the case on or before October 7, 2012. 2 Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 CASE NO: CEV20120010619 OWNER: CARL A. CHASE III OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE 111, SECTION 130- 96(a). BOAT WITH TRAILER PARKED IN DRIVEWAY. FOLIO NO: 80222000002 VIOLATION ADDRESS: 9733 LITCHFIELD LANE, NAPLES Investigator Athey requested the hearing. The Stipulation was entered into by Carl Chase on September 7, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.29 incurred in the prosecution of the case by October 7, 2012. 2. Abate all violations by relocating boat and trailer to an enclosed structure, rear yard, or adjacent o waterway (as permitted), or removing boat and trailer from the property by September 14, 2012 or pay a fine of $100.00 a day that the violation remains unabated thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Investigator Athey reported the violation has been abated and the Final Order need not reference the non compliance, however the County wants to ensure it does not become a re- occurring violation. Total Amount Due: $112.29 16 I,2 A 3 1 September 7, 2012 CASE NO: CEV20120009124 OWNER: WENDY E. NOBLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130 -95, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE. UNLICENSED AND INOPERABLE VEHICLES PARKED IN THE DRIVEWAY ZONED RESIDENTIAL. FOLIO NO: 65421520007 VIOLATION ADDRESS: 660 CYPRESS WAY E., NAPLES Investigator Connetta represented the County. The Stipulation was entered into by the Respondent's representative Michael Noble on September 7, 2012. Staff reported notice was given by certified mail 8122112 and Courthouse and property was posted on 8/21/12. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.12 incurred in the prosecution of the case by October 7, 2012. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store the same within a completely enclosed structure, or remove the offending vehicle (s) from residentially zoned area by September 10, 2012 or a fine of $50.00 per day until the violation has been abated thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.12 CASE NO: PU4904- CEEX20120011454 OWNER: NAPLES OXFORD LTD PARTNERSHIP OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW & ORD. 118 -104, SEC. 3 (i) LIQUID PUTRESCIBLE WASTE, FOOD WASTE, AND MULTIPLE HOLES IN COMPACTOR. ON JULY 20, 2012 WAS TOLD WOULD BE REPAIRED AND PRESSURE WASHED BY NEXT SERVICE DAY ON JULY 26, 2012. FOLIO NO: 69650160001 VIOLATION ADDRESS: 2136 RIVER REACH DRIVE, NAPLES Investigator Smith requested the hearing. The Stipulation was entered into by the Respondent's representative Ulysses Dominguez on September 7, 2012. Investigator Smith reported the parties agreed. 1. The violations noted in the referenced Citation are accurate and stipulated to their existence. 2. The violations are that of Ordinance/Sections(s) 118 -104 3(1) and are described as litter consisting of but not limited to liquid putrescible waste, food waste, and multiple holes in the compactor. 1612g3 �a September 7, 2012 Ray Addison, Public Utilities Investigator reported the Respondent has temporarily abated the violation and is awaiting installation of a new compactor. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: I. Pay Operational Costs in the amount of $50.00 incurred in the prosecution, and an Administrative Fee in the amount of $5.00 for a total due of $55.00 by October 7, 2012. 2. If the situation is not permanently rectified by September 14, 2012, a fine of $200.00 per day will begin to accrue thereafter until the violation has been abated, unless altered by a subsequent Stipulation or Order of the Special Magistrate. Total Amount Due: $55.00 CASE NO: PU4909- CEEX20120012513 OWNER: NAPLES CARRIAGE LLC OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: CODE OF LAW & ORD. 118 -104, SEC. 3 (i) LITTER CONSISTING OF BUT NOT LIMITED TO PUTRESCIBLE WASTE, CARDBOARD, GLASS, CANS, PLASTIC, ETC. FOLIO NO: 00400880008 VIOLATION ADDRESS: 6480 RADIO ROAD, NAPLES Investigator Smith requested the hearing. The Stipulation was entered into by the Respondent's representative Dane Wheeler on September 7, 2012. Investigator Smith reported the parties agreed: L The violations noted in the referenced Citation are accurate and stipulated to their existence. 2. The violations are that of Ordinance/Sections(s) 118 -104 3(i) and are described as litter consisting of but not limited to liquid putrescible waste, cardboard, glass, cans, plastic, etc. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case, an Administrative Fee in the amount of $5.00 for a total amount due of $55.00 by October 7, 2012. Total Amount Due: $55.00 CASE NO: CEPM20120008040 OWNER: KEVIN CLIFFORD AND JANET CLIFFORD OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22- 231(15). AN UNMAINTAINED POOL CREATING AN UNHEALTHY AND HAZARDOUS CONDITION. FOLIO NO: 68094280001 VIOLATION ADDRESS: 3539 SANTIAGO WAY, NAPLES Supervisor Mucha requested the hearing. The Stipulation was entered into by Janet Clifford on September 7, 2012.. I. Pay the Operational Costs of $112.29 incurred by Code Enforcement during the prosecution of the case on or before October 7, 2012. 2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before September 14, 2012 or a fine of $250.00 per day will be imposed for 11 w9eptember 7, 2012 1612 n each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. S. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 B. Hearings 29. CASE NO: CEPM20120005859 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 ARTICLE VI, SECTIONS 22- 231(9), (11), (12)(b) AND (12)(n). A BROKEN FRONT ENTRY GATE, A MISSING COVER TO THE ELECTRICAL BOX LOCATED NEXT TO THE ENTRY GATE, A BROKEN PUMP STATION FENCE, A BROKEN GARAGE DOOR TO THE STORAGE SHED AND CRACKS IN THE FRONT FACADE LEADING TO THE POOL AREA AT THE CLUBHOUSE. FOLIO NO: 400200002 VIOLATION ADDRESS: 201 SANTA CLARA DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/24/12 Investigator Asaro and Snow represented the County. County Evidence Entered: Composite Exhibit A: 6 photos dated 7/2/12. Investigator Asaro outlined the violations. Steve Adamczyk of Goede, Adamczyk was present representing the Granada Lakes Villa Condominium Association. He reported that the Association is currently controlled by the Respondent however, turnover of the Association to Granada Lakes Condominium Association is scheduled for October 30, 2012 at which point the unit owners will be in a position to begin addressing the violations. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $113.00 incurred in the prosecution of the case by October 7, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s) and required inspections and Certificate of Completion by September 14, 2012 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 10 161LA3 1 September 7, 2012 Total Amount Due: $113.00 30. CASE NO: CENA20120005716 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTIONS 54- 184. LITTER AND DEBRIS CONSISTING OF WOOD, PAPER, FURNITURE, PLASTIC, BROKEN BICYCLES, ETC. LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 400200002 VIOLATION ADDRESS: 201 SANTA CLARA DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/24/12 Investigator Asaro represented the County. County Evidence Entered: Composite Exhibit A: 6 photos dated 7/2/12. Evidence entered: Composite Exhibit A: 5 photos dated 7/2/12 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of $113.08 incurred in the prosecution of this case by October 7, 2012. Z Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store said items in a completely enclosed structure by September 14, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $113.08 2. CASE NO: 50134968- CEEX20120010596 OWNER: GUADALUPE R. VELAZQUEZ OFFICER: DEPUTY ROBERT HALMAN VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: WILLOWBROOKE APARTMENTS, IN FRONT OF 1843 ASH LANE, NAPLES Guadalupe Velazquez and Chrystal McGowen were present and outlined the circumstances of the case, noting Mr. and Mrs. Velzaquez live in a disability apartment and Mr. Velazquez parked in the handicap space in front of the apartment. He assumed he was permitted to park in the space. Deputy Halman was not present. Velazquez motioned for the case to be dismissed. The Special Magistrate GRANTED the Respondents request and dismissed the case. 11 1612 A 3 `4 September 7, 2012 CASE NO: C002397- CEVFH2O120008193 OWNER: AIRPORT, LIMO AND RV TRANSPORTATION OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW & ORDINANCES CHAPTER 142, SECTION 142- 30(a), 142- 33(c). OPERATED A MOTOR VEHICLE FOR HIRE BUSINESS UPON THE PUBLIC STREETS OF COLLIER COUNTY WITHOUT FIRST OBTAINING A LICENSE TO OPERATE FROM COLLIER COUNTY. VIOLATION ADDRESS: 590 6TH STREET NE, NAPLES Cases 8 and 9 were combined. 9. CASE NO: C002398- CEVFH2O120008200 OWNER: GARY A. VAN BUREN OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: CODE OF LAW & ORDINANCES CHAPTER 142, SECTION 142- 30(a), 142- 33(d). OPERATED A MOTOR VEHICLE FOR HIRE UPON THE PUBLIC STREETS OF THE COUNTY WITHOUT FIRST OBTAINING A VALID DRIVER ID FROM COLLIER COUNTY. VIOLATION ADDRESS: 590 6TH STREET NE, NAPLES Gary Van Buren, owner of Airport, Limo and RV Transportation was present. Investigator Crowley represented the County: Investigator Crowley testifed: • On May 19, 2012 she was on patrol at the Marco Island Marriott when she observed a vehicle dropping of patrons in a stretch limousine. • She approached the vehicle and spoke to the driver and ascertained it was Mr. Van Buren and he produced a trip sheet. • The patrons were picked up in Golden Gate Estates, Collier County with a destination of the Marco Island Marriott including a return trip. • It was subsequently determined Mr. Van Buren and Airport Limo and RV Transportation was not licensed to operate a Vehicle for Hire service in Collier County. • Based on this information the citations were issued on June 6, 2012. • Mr. Van Buren has now obtained proper licensing for himself and the Company to conduct business in Collier County. • She provided 5 photos entered as Composite Exhibit A dated 5/19/12 which identified the vehicle for hire. Mr. Van Buren testified: • As reported, he has obtained the necessary approvals to operate within the Collier County. • One of the patrons was picked up in Lee County and he has a right to continue onto the destination in Collier County. • He did not bring the Lee County partons trip sheet to today's hearing, as he was confused over the date of the citation and was under the impression it was for an incident the date of the citation, June 6, 2012, not the May 19, 2012 incident. Investigator Crowley testifed Mr. Van Buren has not produced a trip sheet for the other patron originating in Lee County, and the trip has to be a trip orignated in Lee County and non interupted to the prescribed Collier County destination. After hearing considering the evidence, the Special Magistrate found the Respondent in violation of the Ordinance and ordered him: Case #8 1. To pay a fine of $250.00, Operational Costs of $50.00 and an Administrative Fee of $5.00 for a 12 16 A3 Se Lber 7, 2012 total amount due of $305.00. Case #9 1. To pay a fine of $100.00, Operational Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $155.00. Total Amount Due: $460.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CESD20110011005 OWNER: AGUSTIN MORALES- RENTERIA AND BLANCA E. MORALES OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). NEW CONSTRUCTION OF SHED WITHOUT PERMITS. FOLIO NO: 36430680006 VIOLATION ADDRESS: 5433 29TH PLACE SW, NAPLES Blanca Morales was present. Patricia Garcia acted as interpretor Investigator Box represented the County. Ms. Garcia testified the Respondent's are requesting an Extension of Time until May 7, 2013. Investigator Box testified he did not object to the request. The Special Magistrate GRANTED the Respondent's request for an Extension of Time until March 7, 2013. Break: 11: 30am Reconvened: 11:50am V. PUBLIC HEARINGS (Continued C. Hearings 12. CASE NO: CEPM20120006351 OWNER: ABRAHAM & SWEENEY PA TR, GRANT FAMILY LAND TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). POOL WATER IS DARK GREEN IN COLOR, STAGNANT, AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 59960012749 VIOLATION ADDRESS: 15134 BROLIO LANE, NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property /Courthouse Posting: 8/21/12 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 4/25/12 Exhibit B: 1 photo dated 5/29/12 The violation remains as of September 7, 2012 13 12 A3 A September 7, 2012 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.73 incurred by Code Enforcement during the prosecution of the case on or before October 7, 2012 2 Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before September 14,20-12 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.73 16. CASE NO: CEAU20120004466 OWNER: TERESA LEE HANEY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: ACCESSORY USES AND STRUCTURES, FENCES AND WALLS, EXCLUDING SOUND WALLS, COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED, SECTION 5.03.02(F)(3). FENCE IN DISREPAIR. FOLIO NO: 62412600007 VIOLATION ADDRESS: 857 105TH AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property /Courthouse Posting: 8/21/12 Investigator Pulse presented the case. Evidence entered: Composite Exhibit A: 4 photos dated 3/20/12 Composite Exhibit 13: 2 photos dated 9/6/12. The violation remains as of September 7, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $11238 incurred in the prosecution of this case by October 7, 2012. 2 Abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit(s) and required inspections and Certificate of Occupancy /Completion by October 7, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 14 16 l Z A September 7, 2012 Total Amount Due: $112.38 18. CASE NO: CEPM20120009061 OWNER: HSBC BANK USA NA TR, ACE SECURITIES CORPORATION OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(c). HOLES IN ROOF ALLOWING WATER INTRUSION. FOLIO NO: 35980440001 VIOLATION ADDRESS: 4500 GOLDEN GATE PARKWAY, NAPLES Date of Hearing Notice by Certified Mail: 8/22/12 Date of Hearing Notice Property /Courthouse Posting: 8/21/12 Investigator Box presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 7/24/12 The violation remains as of September 7, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.20 incurred by Code Enforcement during the prosecution of the case on or before October 7, 2012. 2. Abate all violation by obtaining all required Collier County Building Permits, all required inspections and a Certificate of Completion as necessary to repair the roof as identified on or before September 14, 2012, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. Total Amount Due: $112.20 24. CASE NO: CENA20120008602 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI SECTIONS 54 -179 AND 181. LITTER ON RESIDENTIAL PROPERTY. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/20/12 Investigator Kincaid presented the case. Evidence entered: Composite Exhibit A: 3 photos dated 5/31/12 Composite Exhibit B: 7 photos dated 9/6/12 The violation remains as of September 7, 2012. IL` 1612A3 September 7, 2012 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.47 incurred in the prosecution of this case by October 7, 2012. 2. Abate the violation by removing or causing to remove all unauthorized accumulation of litter by September 14, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.47 28. CASE NO: CEPM20120006379 OWNER: DENNIS WOLFE AND ROBERTA WOLFE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(15). GREEN POOL. FOLIO NO: 36380720003 VIOLATION ADDRESS: 2500 55TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/20/12 Investigator Musse presented the case noting it is a repeat violation The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 9/6/12 Composite Exhibit B: Previously Issued Special Magistrate Order CEPM20100007875 The violation remains as of September 7, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $11220 incurred by Code Enforcement during the prosecution of the case on or before October 7, 2012. 2. Chemically treat the pool water to kill the algae and provide bi- weekly treatments to maintain clean pool water and filtration system on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before September 14, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 16 1612 AS -i September 7, 2012 S. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 C. Emergency Cases: None VII. NEW BUSINESS — (Continued B. Motion for Imposition of Fines: 3. CASE NO: CEPM20110016125 OWNER: JOHN W. RODGERS JR. OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(11) & (I 2)(i). MAIN STRUCTURE WITH A BROKEN FRONT WINDOW, GARAGE DOOR AND A COVER REMOVED FROM AN OUTSIDE ELECTRICAL BOX. FOLIO NO: 427480009 VIOLATION ADDRESS: 5580 CYNTHIA LANE, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/24/12 The Respondents were not present. Investigator Snow presented the case noting the County partially abated the violation by "boarding" and securing the structure, however violation has not been totally abated. Special Magistrate Order: Dated 3/2/12 Fine Amount: $100.00 /day Duration: 158 days Total Fine Amount: $15,800.00 Unpaid Abatement Costs: $950.00 Unpaid Operational Costs: $112.47 Total to Date: $16,862.47 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $16,862.47. Said amount to become a lien on the property with fines continuing to accrue. CASE NO: CEPM20110016621 OWNER: SABAL PALM DEVELOPMENT LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, SECTION 22- 243(3), METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS 22 -236. ROOF ON THE BUILDING IS DILAPIDATED AND COLLAPSING. FOLIO NO: 142680003 VIOLATION ADDRESS: 15450 TAMIAMI TRAIL N, NAPLES Date of Hearing Notice by Certified Mail: 8/23/12 Date of Hearing Notice Property /Courthouse Posting: 8/22/12 Supervisor Mucha represented the County and reported there are no costs due and the parcel is in compliance. He recommended any fines due be waived. 17 a —& 11 1612 eptember 7, 2012 The Special Magistrate DENIED the County's Motion for Imposition of Fines. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT MEETING DATE: October 5, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:15 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 4GBdaarretson, Special Magistrate The Minutes were approve 'by the Special Magistrate on C�'}( ` , 2 as presented , or as amended 18 12 A3 rA October 5, 2012 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRAT Naples, Florida, October 5, 2012 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Fiala q Hitter w Henning --- - Coyle ---- Cotetta ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary Iv: sc. Corres: Date:_ � $1 13 Item #: 1.9 2 "3 Copies to: 161 "L A3 October 5, 2012 Any person who decides to appeal a decision of the Special Magistrate 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. Neither Collier County nor the Special Magistrate shall be responsible for providing this record. I. CALL TO ORDER — Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:11 a.m. Reconvened: 9:30 a.m. II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda item numbers): Under Item V.B — Hearings, the following case was moved to V.0 — Motion for Continuance: • #5 - CASE NO: PU4793- CEEX20120012515 - WILLIAM J. FOTRE SR TR, ITF SUZANNE M FOTRE TR Under Item V.B — Hearings, the following cases were moved to V.A — Stipulations: • #18 -CASE NO: CEAU20120008539 - SCOTT LAMP • #13 - CASE NO: CELU20120005445 - VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA • #14 -CASE NO: CENA20120010303 - BENNETT JOHNSTON Under Item V.B — Hearings, the following cases were withdrawn: • #4 - CASE NO: PR048995- CEEX20120013437 - STEVE MORICONI • #6 - CASE NO: PU4831- CEEX20120009279 - MARBELLA LAKES OWNERS ASSOCIATION INC. • #7 - CASE NO: PU4649- CEEX20120009850 - GL HOMES OF NAPLES ASSOCIATES II LTD • #8 - CASE NO: PU4870- CEEX20120009532 - GL HOMES OF NAPLES ASSOCIATES II LTD • #9 - CASE NO: PU4535- CEEX20120008981 - GL HOMES OF NAPLES ASSOCIATES II LTD • #10 - CASE NO: DAS12682- CEEX20120011934 - CESAR TREJO • #11 - CASE NO: CESD20120008612 - EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ • #15 - CASE NO: CEPM20120007116 - GW INVESTMENTS LC • #17 - CASE NO: CEPM20120008691 - INFINITY SOUTH BAY LLC • #19 - CASE NO: CESD20120004515 - ROSEMARY A. SHUGAR AND MARK THORSON • #24 - CASE NO: CEPM20110013713 - JOHN A. MCMULLIN JR AND AMY J. MCMULLIN Under Item VI.A — Motion for Imposition of Fines, the following case was withdrawn: • #1 - CASE NO: CEPM20110003436 -KEVIN W. CARTER AND JENNIFER F. CARTER • #3 - CASE NO: CEPM20120003671 -NORMAN C. PARTINGTON The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES — September 7, 2012 2 1612 A3 �4 October 5, 2012 The minutes of the September 7, 2012 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction /Abatement of Fines None B. Motion for Continuance 5. CASE NO: PU4793- CEEX20120012515 OWNER: WILLIAM J. FOTRE SR TR, ITF SUZANNE M FOTRE TR 4/11/89 OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAW & ORD. 2005 -54, SEC. 118 -104 3(K,L) YARD WASTE, NOT PROPERLY PREPARED, OUT ON NON - SCHEDULED COLLECTION DAY. NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12, WITH RECHECK DATE SCHEDULED FOR 8/9/12, NO CHANGE IN VIOLATION, TAGGED BY WASTE MANAGEMENT. FOLIO NO: 48170240008 VIOLATION ADDRESS: 2772 BAYVIEW DRIVE, NAPLES Investigator Addison represented the County. The Respondent's representative, Dirk Tucker submitted the request in writing. Special Magistrate Garretson noted the representative did not provide proper documentation for filing a motion on the Respondent's behalf. The Special Magistrate DENIED the Respondent's Motion for Continuance. C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEAU20120008539 OWNER: SCOTT LAMP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a), FLORIDA BUILDING CODE, 2010 EDITION, CHAPTER 1, SECTIONS 105.1, 105.4.1, AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE OF DISREPAIR. FOLIO NO: 62259800002 VIOLATION ADDRESS: 5306 BROWARD STREET, NAPLES Investigator Kincaid requested the hearing. The Stipulation was entered into by the Respondent Scott Lamp on October S, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.47 incurred in the prosecution of this case by November S, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy /Completion by November 5, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 16 A 3 1 October 5, 2012 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.47 2. CASE NO: CELU20120005445 OWNER: VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 2.02.03. OUTSIDE STORAGE OF WOOD, METAL, AND OTHER CONSTRUCTION MATERIAL. FOLIO NO: 37997360004 VIOLATION ADDRESS: 3480 191H AVENUE SW, NAPLES Investigator Condomina requested the hearing. Sandra Zelaya was present, and assisted by her interpreter, Tania Antunez. The Stipulation was entered into by the Respondent Sandra Zelaya on October S, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.20 incurred in the prosecution of the case by November S, 2012. 2 Remove all unauthorized material stored outside to a permitted enclosed structure or to a site zoned for this type of storage or to a site zoned for this type of storage or to a site intended for final disposal by January 7, 2013 or a $100.00 per day fine will be imposed for each day the violation remains. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.20 CASE NO: CENA20120010303 OWNER: BENNETT JOHNSTON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54 -179. LITTER CONSISTING OF BUT NOT LIMITED TO: LADDERS, WOOD, GROCERY CART, TIRES, BUCKETS, CINDER BLOCK, ETC. FOLIO NO: 36238240004 VIOLATION ADDRESS: 5203 HUNTER BLVD, NAPLES 4 I () j ZA *) "' October 5, 2012 Investigator Musse requested the hearing. The Stipulation was entered into by the Respondent Bennett Johnston on October 5, 2012 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.29 incurred in the prosecution of the case by November 5,201Z 2 Remove all unauthorized accumulation of litter from the property and dispose in an appropriate waste disposal facility or store desired items in a completely enclosed structure by November S, 2012 or a $100.00 per day fine will be imposed for each day the violation remains. 3. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 B. Hearings 1. CASE NO: S0142623- CEEX20120006624 OWNER: RICHARD FLEISHER OFFICER: CORPORAL M.J. PAYNE VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE VIOLATION ADDRESS: SUNTRUST BANK, 801 LAUREL OAK DRIVE, NAPLES Richard Fleisher was present. Evidence entered: Exhibit A: 1 photo Exhibit B: 1 photo Exhibit C: 1 photo Exhibit D: 1 photo Corporal Payne was present. Evidence entered: Composite Exhibit A — 5 photos taken the day of the incident. Mr. Fleisher testified: • He is a member of the Naples Philharmonic and performs in the orchestra. • The Suntrust bank in question is located in close proximity to the Naples Philharmonic site. • To his knowledge, the Naples Philharmonic and Suntrust Bank have an "agreement" for the patrons and/or employees of the organization to park in the bank's parking lot, including encumbering the drive though, handicapped parking spaces, drive areas, etc. • On April 21, 2012, the evening of a performance, after 8:00pm he parked in a handicap space in the bank's parking lot. • Upon returning to his vehicle, he learned his vehicle had been ticketed for unlawfully parking in a space reserved for handicap parking. 1612 h3tober 5, 2012 • He presented Exhibits A — D, which identified vehicles parking throughout the Suntrust parking lot, in areas not designated for parking, during the evening of another event. • The Naples Philharmonic should be notified that the area will be patrolled and citations will be issued if parking violations are identified. • The Officers patrolling the area should recognize the bank is closed, and exercise discretion in applying the law in these cases. Based on his testimony, he requested the Special Magistrate to overturn issuance of the citation. Corporal Payne testified: • The officers are hired by the Naples Philharmonic on event evenings to patrol the area and enforce traffic violations and assist in traffic control (as needed). • On patrol that evening, he observed the vehicle parked in a handicap space without proper display of a "handicap placard." • Handicap parking regulations are in effect 24 hours a day, 365 days a year, with no exceptions. • Accordingly he issued the citation. • While patrolling the area, he does use discretion in issuing citations. • If a car is parked in a space which is not clearly physically or lawfully identified for "no parking" a ticket will not be issued (i.e., if the offender is parked blocking a fire hydrant, fire lane or handicap space without proper authorization, a ticket will be issued, however in instances such as "Bank Parking Only, 10 minutes maximum, a ticket will not be issued). • He provided 5 photos identifying the vehicle and parked in a handicap space without a "handicap placard" displayed. • Based on the circumstances that evening, a citation was issued. After hearing the evidence the Special Magistrate DENIED the Respondent request for dismissal of the citation and ordered him to pay a $250.00 Fine, $50.00 Operational Costs and $5.00 Administrative Fee for a total amount due of $305.00 Total Amount Due: $305.00 2. CASE NO: S0177953- CEEX20120012433 OWNER: TERESA MONTY OFFICER: DEPUTY L. KELLER VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -67 HANDICAPPED SPACE, NO VISIBLE PERMIT VIOLATION ADDRESS: 8970 FONTANA SOL WAY, NAPLES Teresa Monty was present. Evidence entered: Composite Exhibit A: 4 photos Deputy Keller was present. Ms. Monty testified: • On August 8, she entered the parking lot of the establishment and parked in a space adjacent to an area clearly marked for handicap parking. 16 1 r,. A 3, f October 5, 2012 The space she occupied had no sign in front of it, no blue striping and lacked a clearly visible "wheelchair" emblem on the pavement in the middle of a space. She did not realize the space was reserved for handicap parking. , -7 She provided photos of the space in question and the adjacent space. Based on her testimony, she requested the Special Magistrate to overturn issuance of the citation. Deputy Keller testified: • The space is intended for handicap parking and there is a "faint" impression of a "wheelchair emblem" on the pavement. • There is a sign on the building which indicates the space if for persons permitted to park in spaces identified for the handicapped. After hearing the evidence the Special Magistrate took the case UNDER ADVISEMENT in order to conduct a site visit. Break: 11: 07 a. m. Reconvened: 11:23 a.m. CASE NO: PR048951- CEEX20120012785 OWNER: DANIEL DIAZ OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW & ORD., SEC. 130 -66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: DANFORD STREET, WITHIN ONE MILE OF BAYVIEW LAUNCH, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Ranger Maunz was present. The Respondent was not present. Evidence Entered: Composite Exhibit A: 4 photos. Ranger Maunz testified on the day of the incident (August 18, 2012) he observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. Finding the Notice of Hearing was properly served, the Special Magistrate upheld issuance fo the citation and ordered the Respondent to pay a $30.00 Fine, 50.00 Operational Costs and a $5.00 Adminstrative Fee for a total amount due of $85.00 by November S, 2012. Total Amount Due: $85.00 CASE NO: PU4793- CEEX20120012515 OWNER: WILLIAM J. FOTRE SR TR, ITF SUZANNE M FOTRE TR 4/11/89 OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAW & ORD. 2005 -54, SEC. 118 -104 3(K,L) YARD WASTE, NOT PROPERLY PREPARED, OUT ON NON - SCHEDULED COLLECTION DAY. NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12, WITH RECHECK DATE SCHEDULED FOR 8/9/12, NO CHANGE IN VIOLATION, TAGGED BY WASTE MANAGEMENT. FOLIO NO: 48170240008 VIOLATION ADDRESS: 2772 BAYVIEW DRIVE, NAPLES 16 12 A3 4 October 5, 2012 Date of Hearing Notice by Certified Mail: 9/20/12 Investigator Addison represented the County The Respondent was not present. Investigator Addison reported the first Notice of Violation issued on June 15, 2012 was abated, however there was a repeat violation reported on July 30, 2012 with citation issued on August 14, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to pay a $100.00 Fine, Operational Costs of $50.00, and an Administrative Fee of $5.00 for a total amount due of $1 55.00 by November 5, 2012. Total Amount Due: $155.00 12. CASE NO: CEROW20120004592 OWNER: DANIEL J. BARRY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, SECTION 110 -46 AND SECTION 110- 31(a). CULVERT PIPE IN THE ENCLOSED SWALE RUSTED THROUGH AND IN NEED OF REPAIR/REPLACEMENT. FOLIO NO: 62580280003 VIOLATION ADDRESS: 635 104TH AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/19/12 Investigator Pulse presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 3/26/12 Exhibit 13: 1 photo dated 3/26/12 Exhibit C: 1 photo dated 6/1/12 Exhibit D: 1 photo dated 6/14/12 The violation remains as of October 4, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of the case by November 5,201Z 2. Abate all violations by obtaining all required Collier County Permit(s), required inspections and Certificate of Completion necessary to replace the culvert by November 5, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 1 2A3 October 5, 2012 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.3 8 16. CASE NO: CEPM20120009545 OWNER: JACK FLOYD AND MURIEL FLOYD OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(1) THROUGH (20), AND SECTION 22 -242. UNSECURE DWELLING IN NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS, INTERIOR WALLS, ELECTRICAL SYSTEM, DOORS, WINDOWS, AND OTHER AREAS THROUGHOUT DWELLING. FOLIO NO: 759560008 VIOLATION ADDRESS: 11466 LAERTES LANE, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/18/12 Investigator Condomina presented the case. The Respondents were not present. Evidence entered: Exhibit A: 1 photo dated 8/7/12 The violation remains as of October 4, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.82 incurred in the prosecution of the case by November 5, 2012. 2. Abate all violations by obtaining all required Collier County Demolition Permit(s) and required inspections and Certificate of Completion by October 12, 2012 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.82 20. CASE NO: CEAU20120011090 OWNER: SILVIA DERRICK OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04 -41, AS AMENDED, SECTION 5.03.02 (F)(3). SECTIONS OF STOCKADE FENCE FALLING DOWN ON THE PROPERTY. FOLIO NO: 62704240007 9 1612 3 VIOLATION ADDRESS: 616 92ND AVENUE N, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/20/12 Investigator Ford presented the case. The Respondent was not present. Evidence entered: Exhibit A: Exhibit B: Exhibit C: 1 photo dated July 24, 2012 1 photo dated August 8, 2012 1 photo dated October 4, 2012 The violation remains as of October 4, 2012. October 5, 2012 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $112.38 incurred in the prosecution of the case by November S, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Completion by November S, 2012 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 21. CASE NO: CEPM20120007449 OWNER: MATTHEW D. WILLIAMS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22- 231(12)(1). BROKEN WINDOWS THROUGHOUT THE DUPLEX. FOLIO NO: 29782320005 VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/18/12 Investigator Giannone presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 4 photos dated 10/4/12 The violation remains as of October 4, 2012. 10 161 ,- A - October 5, 2012 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: L Pay the Operational Costs of $112.29 incurred by Code Enforcement during the prosecution of the case on or before November 5, 2012. 2. Obtain all required Collier County Building Permits, inspections and a Certificate of Completion to restore the windows /doors to a permitted condition on or before October 12, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or, obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before October 12, 2012 and obtain all required Collier County Building Permits inspections and Certificates of Completion /Occupancy to permit the structure by April 5, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. Total Amount Due: $112.29 22. CASE NO: CENA20120007767 OWNER: MATTHEW D. WILLIAMS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTIONS 54 -179, 54 -181, AND 54- 185(a). LITTER CONSISTING OF BUT NOT LIMITED TO: PET CAGES, WOOD, PLASTIC BUCKETS, PVC PIPING, SINK, BED MATTRESS, AND BROKEN FURNITURE. ALSO WEEDS OVER 18 INCHES. FOLIO NO: 29782320005 VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/18/12 Investigator Giannone presented the case. Evidence entered: Composite Exhibit A: 4 photos dated 10/4/12 The violation remains as of October 5, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of $112.29 incurred in the prosecution of this case by November 5, 2012. 2. Abate the violation by removing all weeds in excess of 18 inches by and removing all accumulation of litter on the property by October 12, 2012 or a fine of $50.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate subsequent Stipulation or Order of the Special Magistrate. 11 16 1 2A3 I October 5, 2012 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 23. CASE NO: CEPM20120011608 OWNER: BETTY FREDERICK EST, AND KAREN L. DONNADIO EST OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, 22- 231(15). UNMAINTAINED SWIMMING POOL. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45TH STREET SW, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/24/12 Investigator Box presented the case. The Respondent Representative was not present. Evidence entered: Composite Exhibit A: 2 photos dated 8/2/12 The violation remains as of October 5, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of $112.38 incurred by Code Enforcement during the prosecution of the case on or before November 5, 2012. 2. Chemically treat the pool water to kill the algae and provide bi weekly treatments to maintain clean pool water and filtration system on or before October 12, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or, 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before October 12, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.38 12 1612A3 4 October 5, 2012 C. Emergency Cases: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CEROW20120000549 OWNER: ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES, ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110- 31(a). VEGETATION IN COUNTY RIGHT OF WAY. FOLIO NO: 36110760000 VIOLATION ADDRESS: 4998 23RD COURT SW, NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Date of Hearing Notice Property /Courthouse Posting: 9/24/12 The Respondents were not present. Investigator Musse presented the case noting the violation has been abated by the County. Abatement Date: 7/16/12 Fine Amount: $100.00 /day Duration: 7/2/12 — 7/16/12 (15 days) Total Fine Amount: $1500.00 Unpaid Abatement Costs: $2,550.00 Unpaid Operational Costs: $112.20 Total to Date: $4,162.20 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $4,162.20. Said amount to become a lien on the property. 4. CASE NO: CESD20110012635 OWNER: ROCKPORT NAPLES LLC ET AL OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B) (1)(a). EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT FIRST OBTAINING REQUIRED PERMITS. FOLIO NO: 391600009 VIOLATION ADDRESS: 3807 TAMIAMI TRAIL E, NAPLES Investigator Snow reported the violation has been abated The Special Magistrate DENIED the County's Motion for Imposition of Fines. CASE NO: CEPM20110017378 OWNER: ERNESTO FLORES AND MARIA FLORES OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE VI, SECTION 22- 243(1)(2)(a)(b)(c). PROPERTY THAT WAS VACANT, ABANDONED, AND UNSECURED. FOLIO NO: 73180680209 VIOLATION ADDRESS: 618 CLIFTON STREET, IMMOKALEE Date of Hearing Notice by Certified Mail: 9/12/12 Date of Hearing Notice Property /Courthouse Posting: 9/21/12 13 16 12 A3 October 5, 2012 The Respondents were not present. Supervisor Perez presented the case noting the violation has been partially abated as the County has secured the structure. Fine Amount: $250.00 /day Duration: 6/9/12 — 10/5/12 (119days) Total Fine Amount: $29,750.00 Unpaid Abatement Costs: $1,910.00 Unpaid Operational Costs: $112.12 Total to Date: $31,772.12 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $31,772.12. Said amount to become a lien on the property. CASE NO: CEPM20110008324 OWNER: ENCARNACION GARZA AND NANCY O. GARZA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDING AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 242(b) AND 22- 231(12)(C) . HOUSE IN NEED OF SOME EXTERIOR ROOF REPAIRS, PROPERTY HAS BEEN BOARDED WITHOUT A CURRENT BOARDING CERTIFICATE. FOLIO NO: 52650680006 VIOLATION ADDRESS: 218 N 9TH STREET, IMMOKALEE Supervisor Perez reported the violation has been abated The Special Magistrate DENIED the County's Motion for Imposition of Fines. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEPM20100018647 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(1). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND NOT PROPERLY FITTED WITHIN ITS FRAME, NOT PROVIDED WITH LOCKABLE HARDWARE, NOT WEATHER -TIGHT AND WEATHERPROOF, AND NOT MAINTAINED IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT CRACKS OR HOLES. FOLIO NO: 65070800000 VIOLATION ADDRESS: 616 PALMETTO AVENUE, IMMOKALEE Ms. Baker reported the County was withdrawing the request. B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 14 1612A3 October 5, 2012 The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT MEETING DATE: November 2, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:01 PM. COLLIER COUNTY SPECIAL MAGISTRATE 4rdaZarretson, Special Magistrate The Minutes we approved by the Special Magistrate on �(� -T I� , as presented 15 1612 A4 14 September 6, 2012 TRANSCRIPT OF THE MEETING OF THE IT7 V W 33 COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 6, 2012 BY : ....................... 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 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Cu /XIC7uirazi ABSENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney's Office Tom Eastman, School Board Representative 4 Fiala Hiller Henning Coyle ,r Coletta Misc. Corres: Mark P. Strain Brad Schiffer Melissa Ahern Karen Homiak Diane Ebert Barry Klein William Vonier Paul Midney Phillip Brougham 11"L-t 1G ' Igto 4 i I V� Z � Date: Item 0: \ k.cs '2-\6-V--1 Page 1 of 36 Copies to' ember 6, 2012 1612 CHAIRMAN STRAIN: Okay. Good morning, everyone. Welcome to the September 6th meeting of the Collier County Planning Commission. If you'll all please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Will the secretary please do the roll call. COMMISSIONER HOMIAK: Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER HOMIAK: Mr. Vonier is absent. Mr. Schiffer? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER HOMIAK: Mr. Midney is probably just not here yet, right? CHAIRMAN STRAIN: Right. COMMISSIONER HOMIAK: But he's not here now. Ms. Ahern? COMMISSIONER AHERN: Here. COMMISSIONER HOMIAK: Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER HOMIAK: Ms. Homiak is here. Ms. Ebert? COMMISSIONER EBERT: Here. COMMISSIONER HOMIAK: Mr. Klein? COMMISSIONER KLEIN: Here. COMMISSIONER HOMIAK: And Mr. Brougham is absent. Is he supposed to be absent? Well, he's not here. CHAIRMAN STRAIN: I remember a lot of people had expressed absence requests last meeting, so we'll just assume they have been, and we'll go forward. I don't think anybody's making a habit of missing our meetings. They're too exciting. Addenda to the agenda. Does anybody have any changes to the agenda? Ray, everything okay? MR. BELLOWS: I have no changes. CHAIRMAN STRAIN: Okay. Planning Commission absences. Anybody who is here today know if they will not be here at the next meeting in September, which is the 16th? COMMISSIONER EBERT: Twentieth. CHAIRMAN STRAIN: Oh, no; I'm looking at August, Pm sorry. Twentieth, you're right. COMMISSIONER KLEIN: I will not be here. CHAIRMAN STRAIN: Okay. COMMISSIONER KLEIN: I'll be flying across the Atlantic, but I won't be able to make it. CHAIRMAN STRAIN: Well, that's no excuse. COMMISSIONER HOMIAK: You'd think you could fly a little faster. CHAIRMAN STRAIN: Anybody else? Okay. Well, hopefully with those that are missing today, some more will be here, we'll still have a quorum. Next item up is the approval for the minutes of August 22, 2012. They were all sent to us electronically. Are there any changes or corrections? (No response.) CHAIRMAN STRAIN: No. Is there a motion, Karen? COMMISSIONER HOMIAK: Motion to approve. COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Motion made by Karen, seconded by Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. Page 2 of 36 A4 e tember 6 2012 1 1 b 12 P COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. BCC report and recaps. Ray, there wasn't any meeting, was there? MR. BELLOWS: That's correct, no meeting. CHAIRMAN STRAIN: Okay. Chairman's report. Well, everything is moving as it should, so -- consent- agenda items, I don't -- we don't have any, so we'll move right into advertised public hearing. ** *The first item up is a continuance from the last meeting. It's DBE- PL20 1 1 0000644, the Helsel boat -dock extension. It's located on Isle of Capri. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Disclosures on the part of the Planning Commission. (No response.) CHAIRMAN STRAIN: Okay. It's the applicant's presentation. Chris? MR. THOEMKE: All right. We, since the last meeting, worked out an agreement with the neighbor's attorney and representative, and they have a signed agreement now. You have a draft of the agreement. We actually have signed copies of it, which I have given to Mike already and can provide you as well. And -- there you go. CHAIRMAN STRAIN: Push the bottom down there. There you go. It will pop up in a minute. MR. THOEMKE: hi essence, what the neighbor and our client agreed to was the riparian line as you see it depicted on this aerial photo. It's 39 degrees off of there. What that line does is allows us to meet all the setback requirements required by the county and allows her plenty of room to put her dock in. And, like I said, the agreement you have there has been signed, notarized, and I believe we've resolved everything that you asked us to do from the last time. CHAIRMAN STRAIN: Okay. And I think it's a vast improvement, so thank you. Anybody have any comments or questions? (No response.) CHAIRMAN STRAIN: Is there a staff report? See how easy that was, Chris? MR. SAWYER: Yes. For the record, Mike Sawyer, project manager for the petition. I do need to point out that -- I apologize, but the title and the resolution actually are not correct. The actual extension needs to be a request for an additional 19 feet instead of 14 feet for a total protrusion of 39 feet instead of 34 feet. The dimensions were taken off of the revised layout except we took the end of the boat instead of the actual motor, and it needs to include the motor. CHAIRMAN STRAIN: Okay. MR. SAWYER: It doesn't affect the layout; it doesn't affect anything on the diagram that we've got. It's just I made the error of not catching that with the title. CHAIRMAN STRAIN: Okay. And I don't see that as a deal breaker from at least this one individual's perspective. So -- but my concern is from an advertising perspective. Jeff, do you know if that's a significant enough issue? MR. KLATZKOW: No. CHAIRMAN STRAIN: Good. Thank you. Anybody have any questions of staff on this issue? (No response.) CHARMAN STRAIN: Okay. Is there -- any members of the public wish to speak on this item? Page 3 of 36 1612 ie (No response.) CHAIRMAN STRAIN: Hearing none, we'll close the public hearing and look for -- seek a motion. Anybody? COMMISSIONER SCHIFFER: I'll do it. CHAIRMAN STRAIN: Okay. Brad? COMMISSIONER SCHIFFER: I move we forward DBE- -- well, we don't forward. I move we approve the Consent Agenda BDE- PL201100006444 (sic) as being -- representing the hearing. CHAIRMAN STRAIN: Okay. One correction. It wasn't consent. It was on regular advertised public hearing. It was a continued item. COMMISSIONER SCHIFFER: Oh, sorry. Then I move for approval on this. CHAIRMAN STRAIN: Okay. COMMISSIONER EBERT: And I'll second. CHAIRMAN STRAIN: Okay. Motion made by Brad, seconded by Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. Thank you. MR. THOEMKE: Thank you. CHAIRMAN STRAIN: Tell your applicant he didn't have to fly down for this one. MR. THOEMKE: Yeah, he'll be happy about that one. Thank you, everybody. CHAIRMAN STRAIN: Thank you. Now, I'm sure that Ben Nelson's in the audience hoping the next one goes just as quickly. ** *Next item up is BD- PL20120000026. All those wishing to testify on behalf of this item, please rise and be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Disclosures on the part of the Planning Commission? (No response.) CHAIRMAN STRAIN: Okay. Well, hearing none we'll go right to the applicant's presentation. MR. NELSON: Good morning, Commissioners. CHAIRMAN STRAIN: Good morning. MR. NELSON: And this morning we're here for a -- it's a -- actually there's an existing dock there that's 36 feet long. It's been there for many years. We're looking to add 10 feet to it and a boat dock. So there's -- actually it's a boat -dock extension of 26 feet, which would be what it would be about. It's consistent with other ones in the area. It's been approved by your staff and recommended by your staff. And if you have any questions, I'd be sure glad to answer them. CHAIRMAN STRAIN: Thank you. Any questions on the part of the Planning Commission? COMMISSIONER SCHIFFER: Just one. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: This is a dock for two boats, correct? MR. NELSON: Yes, basically. There's only one lift, but then the other side would just be for mooring of a small boat. COMMISSIONER SCHIFFER: Who will own the boats then? How does the -- MR. NELSON: The owner. Page 4 of 36 r 1 4 kber�4,2012 p COMMISSIONER SCHIFFER: Okay. One guy? ' MR. NELSON: Yep. COMMISSIONER SCHIFFER: Okay. MR. NELSON: That guy right there, Don True (sic), yeah. COMMISSIONER SCHIFFER: Okay, thank you. THE COURT REPORTER: Could I get your name, please? MR. NELSON: You're quite welcome. I beg your pardon. THE COURT REPORTER: Could I get your name, please? MR. NELSON: Oh, I apologize. I should know better now, right. For the record, Ben Nelson. CHAIRMAN STRAIN: Okay. Anybody else have any questions of the applicant? (No response.) CHAIRMAN STRAIN: Ben, it looks like it's going to be pretty easy. Is there a staff report? MR. REISCHL: Thank you, Mr. Chairman. Fred Reischl with planning and zoning. As the petitioner said, it's an extension from the existing 36 to 46 feet. It meets five out of five primary criteria; four out of six secondary; one is not applicable; the other can't be met by a boat -dock lot. I did receive one call from a neighbor. I explained the project to him. He had no objection. And staff recommends approval. CHAIRMAN STRAIN: Thank you. Anybody have questions of staff? Because I've just got a couple. It's not about the application so much as it is about your report. On Page 5, top of the page, environmental evaluation, is this something new that Nick's dreamed up? It says, "Surface water and environmental planning staff." MR. REISCHL: That's their new department name. CHAIRMAN STRAIN: Oh, okay. So how many more people did we hire for that new surface -water section? MR. REISCHL: I think it's just reshuffled. CHAIRMAN STRAIN: Oh, okay. I haven't heard that before. And since it came before us, it would seem like we might have wanted to hear about it. In the attach -up you had a CCP resolution that was copied from October 27, 1987. If you'll -- well, then that was where it started. Then there was a backup to that resolution, 99 -236. And it's that one that I'm trying to understand about. If you could go to that one. It's the last resolution of the packet of resolutions you provided. And, by the way, this is nothing to take away from the applicant's position. I want clarification from staff on some paperwork is all. Did you find it? 99 -36; it will be right up on top. MR. REISCHL: Okay. CHAIRMAN STRAIN: Okay. Now, behind that in our packet are findings of fact. Could you turn to the first one of those. The findings of fact say a conditional -use petition for, and it says CU99 -04. How does that relate to 99 -236? MR. REISCHL: One is the petition number; the other is the resolution number. So when we present the petition to the Planning Commission, or in this case the -- yes, in this case, the Planning Commission, it was identified as Conditional Use 99 -04. Once the board approves it, then they -- the chairman approves -- signs a resolution, and the resolution is numbered consecutively with the year first. CHAIRMAN STRAIN: Okay. So the language that is contained within CU99 -04 is identical to the language in 99 -236. MR. REISCHL: It should be, yes. CHAIRMAN STRAIN: Okay. Would you -- I mean, it's not going to affect today's hearing, but would you check that and then get back with me on that? MR. REISCHL: I will. CHAIRMAN STRAIN: Because it's a little hard to track conditional uses in our system. We don't have a long list of them like we have PUDs countywide. So we have to do it through resolutions. So I just Page 5 of 36 September 6, T[I� want to make sure that, for the proper backup for this application, it's in the file and it's correct. That's all. MR. REISCHL: Will do. This is the conditional use that permitted boat docks on those small lots. CHAIRMAN STRAIN: Boat -dock lots, yep. Okay. Thank you. Is there any further questions? (No response.) CHAIRMAN STRAIN: Anybody in the public wish to speak on this item? (No response.) CHAIRMAN STRAIN: Okay. Hearing none, we'll close the public hearing. Is there a motion? COMMISSIONER SCHIFFER: I'll make one. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: I move we forward with a -- whoop. I move we recommend approval of BD- PL20120000026. CHAIRMAN STRAIN: There's five zeros, then a 26. And a second? COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Diane seconded. Discussions? MR. REISCHL: Can I have one correction? You're not recommending approval. You are approving. CHAIRMAN STRAIN: He did say that. He corrected it. COMMISSIONER SCHIFFER: I started off recommending, but you're right. CHAIRMAN STRAIN: Any comments? The only thing is -- see if we're as efficient today as the Bonita Springs City Council is. All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. Ben, thank you. It's good seeing you again. MR. NELSON: It's good seeing you. And you are way more efficient. Thank you very much. CHAIRMAN STRAIN: We won't tell anybody that. MR. NELSON: Thank you. CHAIRMAN STRAIN: Okay. That brings us to a quick ending of our advertised public hearings. And we will now go into old business which are -- basically the continuation of the Land Development Code amendment saga. And, Caroline, if you were designing a perpetual job for yourself, you've done it. So let's get into that. And what I'd like to do first is find out the majority of the public; I'd like to respond to the public's needs. So there are two controversial items, it seems. One is the storage containers. How many are here for the storage containers? One, two. MS. ELLIS: I know more are coming, at least one other person coming from a different community. CHAIRMAN STRAIN: Okay. How many are here for the mobile -home overlay in Immokalee? Three. And, Jeremy, you're here for the mangrove issue, right? Okay. Normally, then we would take the most busy one first. The people with the mobile homes -- just nod your heads if it's affirmative -- is everybody from your contingent here right now? No. Okay. I know not everybody's here from storage containers. So rather than jump into something without everybody here, let's go into the other ones first, and we'll work our way into these. It won't be much longer. Page 6 of 36 1612 kAember'6,2012 MS. CILEK: Sure. CHAIRMAN STRAIN: That way we have the benefit of -- everybody that wants to come can be here, so -- okay. So pick something else, and let's go into that Caroline. MS. CILEK: Well, let's just go to No. 2 on the agenda and keep it simple. The next amendment to be discussed would be a very brand new amendment, and that is 10.02.04, submittal requirements for plats, and Mr. Casalanguida will be discussing this amendment. CHAIRMAN STRAIN: Nick, before you go off on your long, lengthy discussion of this very complicated issue, when we start our cycles for the LDCs -- and I notice we have two coming up today that are now for the first time, how do we throw things in during the process? I mean, are we supposed to have all this, kind of, organized in the beginning that way when we announce we're going to do Cycle 2 so that the public sees everything in Cycle 2? Because we're just tossing things in in the middle now, and I'm just wondering how that meets the intent of the process. MR. CASALANGUIDA: For the record, good morning, Mr. Chairman, Planning Commission members, Nick Casalanguida. That's exactly how it's supposed to lay out, but as you go through the process, people bring up points. While they're reviewing the code, they say, can you take care of this as well, too? I get with Caroline and say, Caroline, is this something we can put in; it's for the benefit of the public. They brought it to our attention. This is one of those amendments, and I'll explain it to you. I may be able to, kind of, shed some light of how it popped up. CHAIRMAN STRAIN: Okay. But before we get into it, I want to make sure we're legally sufficient to discuss it. Was this advertised, then, separately than the bulk of the Cycle 2 amendments? Did we have to go back out and readvertise these individual ones that are popping in inadvertently as we go along? MS. CIL.EK: This amendment was advertised for today. CHAIRMAN STRAIN: Okay. What about the mobile home overlay one that -- MS. CILEK: Yes, that amendment was also advertised for today. CHAIRMAN STRAIN: That will save my questions at that one, too. Okay. Nick, go ahead. MR. CASALANGUIDA: Very good. Mr. Chairman, this came up with one of the new developers that came in that said, you know, why can we only submit one plat with an SDP review concurrently? And I met with staff and said, you know, this was put in during the boom. It was kind of a check and balance to say, look, if you're going to submit a plat and then you're going to submit site development plans while the plat's under review, it's too much work for us to kind of match those two at the same time. And so, meeting with the builders for the Sabal Bay, I said, understand if it's at your risk and we put it up front, that if you're submitting that plat and the SDP, if the plat changes which forces the SDP to change, you'll have to resubmit the SDP. And they said, we understand that. That's a risk we can handle. So in talking to staff, I said, isn't it in our best interest to provide good service and keep things moving along that we allow them to submit several SDPs with the plat as long as they understand that if the plat changes, they'll have to resubmit the SDP? And everybody said, yes, we're not at that point. We're only getting two or three SDPs a month. If it becomes a problem, we could always go back to someone else. And, again, this is one of those, I think, when brought forward, it should go in the admin code because it's not really a regulatory function. It's more of a procedural function; how many do we receive and when do we receive them. But right now we don't have an admin code that can take care of that. So I'd like to propose this change to the commission and then, when we do the admin code, put it as a procedural code or requirement that's in there. CHAIRMAN STRAIN: Okay. Anybody have any questions? Honestly, I -- why did we even restrict it in the first place? Because -- I mean, I read this. It seems to indicate that we just didn't have manpower to do them concurrently, but that isn't a good reason. I don't see what it hurts; if someone wants to put one or 200 through, it's doesn't -- it's their risk, so I'm not sure why we would have restricted it to begin with. Page 7 of 36 41b? 6, 2012 MR. CASALANGUIDA: I think, in talking to staff, what was going on was the SDPs and plats were changing concurrently, so as they're reviewing one SDP, getting ready to sign off, the plat's getting revised, which triggers the SDP to be revised again. And one staff member expressed to me, we had just approved the SDP. So what we've said is, this is what we'll do, is we'll review these SDPs and hold them in abeyance for final approval until the plat's done, but at least they can be concurrent. And as long as the applicant knows that when they submit the SDP, if the plat changes, they may have to resubmit a full SDP, and they said, we understand that. CHAIRMAN STRAIN: But out of fairness to the taxpayers then, do we have a mechanism so that if someone submits an SDP ahead of the plat or concurrently with the plat, say they do 20 of them, but the plat changes and they've got to go back and staffs got to rereview 20 of them because they already finished the review because it was submitted concurrently. The -- would that be considered a second review so we would have fees to cover some of the review costs? MR. CASALANGUIDA: Yes. They would pay their fees. CHAIRMAN STRAIN: They would pay their fees. Even though they didn't get issued an SDP, they'd have to pay second review fees based on the SDP being basically rejected because the plat was no longer consistent? MR. CASALANGUIDA: Exactly, Mr. Chairman. That's exactly what would happen. CHAIRMAN STRAIN: Good. Anybody have any other questions? Is there a motion to recommend approval? COMMISSIONER SCHIFFER: I'll make a motion that we approve this amendment to LDC Section 10.2.4. CHAIRMAN STRAIN: Okay. That's a recommended approval to the BCC? COMMISSIONER SCHIFFER: Yes. COMMISSIONER AHERN: Second. CHAIRMAN STRAIN: Seconded by Melissa. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 6 -0. We're moving right along. Caroline -- MS. CILEK: It's a good way to start the day. CHAIRMAN STRAIN: -- see, this is a really good -- it's a good sign, isn't it? MS. CILEK: All right. Well, then let's jump down to Number 3, which is 3.05.02E, exemptions from requirements of vegetation protection, preservation, a/k/a, the mangrove amendment. CHAIRMAN STRAIN: And we have one public speaker, at least, on this one, so that's fine. Let's start with staff giving us an update of where they're at. MR. LENBERGER: Good morning. For the record, Stephen Lenberger, natural resources department. This amendment was before you earlier in the year. And since it has come here, we've had inquiries from stakeholders regarding legalities and what exactly is the county allowed to do under the state Mangrove Trimming and Protection Act. So what we did is we eventually talked to Jeff about it. And he's here today if you wish to ask questions. But a literal reading of the state statutes states that basically the state has jurisdiction over Page 8 of 36 161ZA4 4 September 6, 2012 mangrove trimming and alteration. And unless local government, county, requests delegation, it's totally regulated by the state. We have no say in it. So we have amended the language on Page -- well, it starts on Page 3 under the -- on the bottom of Page 3 is the exemptions from requirements for vegetation protection and preservation. And if you flip the page over you'll see that the language is stricken out regarding mangroves. And the language that was added says, the mangrove trimming and alteration that is exclusively governed by the state pursuant to the Mangrove Trimming and Preservation Act, and then we cited the sections of the act. So that's under the exemptions. It's totally regulated by the state. The county won't issue a permit for that; we can't, according to state law. If you go further down the page, Line 34 I believe, it says 3.05.05, criteria for removal of protected vegetation. These are the criteria which staff can issue vegetation removal permits or clearing plans, and the section we amended was G, which is the section we can issue permits for mangrove removal. And since we -- it is a jurisdictional state, we crossed out the language, because it's totally regulated by the state. So if anybody wants to trim mangroves or alter mangroves, they have to go to the state. It's not a county -- it's not the county's jurisdiction. CHAIRMAN STRAIN: Questions from the Planning Commission? I've got one. And it actually is the -- I think -- and I was talking to Jeremy yesterday about this, so it was part of his -- I'll take part of his thunder to maybe get the issue on -- answered early on. If we have a native - vegetation requirement in our code and if someone gets their zoning approved, because they've set aside as part of the requirements for that zoning some native - vegetation requirements and those areas they set aside happen to contain mangroves, are you saying that the state, then, has jurisdiction over what we had set aside for a -- for a basis for zoning and native vegetation and that we may have set it aside under the premise it is pristine mangroves but yet they can go in and get that cleared in contrast to what our native - vegetation set -aside was? MR. LENBERGER: A couple issues here. One is the permit for alteration and trimming is strictly regulated by the state. The intent of the Mangrove Trimming and Preservation Act is to not allow that in conservation areas except for -- and if you turn to Page 2 of the amendment -- and I believe it would be the third paragraph -- it says, legislative intent. It says, the intent of the legislature is no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on land set aside for conservation or preservation or mitigation except where necessary to protect the public health, safety, and welfare or to enhance public use of or access to conservation areas in accordance with approved management plans. So the state -- that's the intent of the legislature. And so, basically -- and the act also states -- well, in addition, let me collect my thoughts here. Well, I'll pass. CHAIRMAN STRAIN: Well, in your reading of that legislative intent, when it refers to land set aside for conservation or preservation, are they indicating pursuant to the standards of the statutes or pursuant to local ordinances like Collier County's? Because there are a couple different layers of conservation lands. MR. LENBERGER: Well, I'll let Jeff talk to the layers regarding the trimming and alteration. I will say this about the native - vegetation retention requirement. It is required by the Growth Management Plan, and you have to meet the minimum amount; for example, 25 percent on subdivisions over a certain size threshold. You can't go below that. So if someone were to permit for, let's say, uses in a preserve, such as a boardwalk, and that native - vegetation retention would go down, they would still have to meet the minimum. They'd have to do some sort of mitigation on site to make sure they don't fall below the minimum. But the permitting for the boardwalk, as far as mangrove removal, would be under the jurisdiction of the state. CHAIRMAN STRAIN: Most every permit that I've ever read involving either the Corps or DEP, if the applicants want to have auxiliary or accessory structures running through a preserve to enhance the public's access, they're usually allowed. And I've not seen where they've taken away on the square footage or the amount of the preserve, because they're usually elevated. But if we were to leave -- in 3.05.05, if we were to leave in G, wouldn't that give us the protection Page 9 of 36 16 A4 "% September 6, 2012 we're needing, meaning that if they want to do some vegetation, trimming, or protection in Collier County designated conservation areas or preservation areas, they would have to come in not only with their DEP and Florida permit pursuant to FAC, but they'd also have to abide by our rules or they wouldn't be meeting the intent of G. And I'm just wondering, is G necessarily a take -out when we may have a dual jurisdiction issue in regards to what we require for conservation areas. MR. KLATZKOW: Mr. Chairman, it's my opinion you're preempted. CHAIRMAN STRAIN: On everything? MR. KLATZKOW: It's my opinion that the current rules are uninforceable to begin with and that we continue these rules or promulgate new ones at our own peril. I don't think you can force them. I think the state's pretty clear that you've got a choice as a county. Either defer to the state, all right, or go to the state and ask them to delegate the authority to you, in which case you can have a permitting process. We do not have that delegation, and my conversations with staff indicate that we do not want that delegation. So that what you're asking for can be done, but we're going to have to get that delegated to us by the state. CHAIRMAN STRAIN: Okay. But I'm asking I think maybe a different twist to the question. If you've got an applicant coming before us for a zoning application and they want to -- they want the zoning and we, as a board, or the other board, decides to approve that zoning, they voluntarily meet the requirements of our code in order to get the zoning. And one of those requirements is they give up certain native vegetation. It would seem to me that they've first stepped in the position of volunteering to defer from the criteria of the state's mangrove trimming to our conservation preservation areas, and that's within that area that then we have jurisdiction. Do you know -- MR. KLATZKOW: But what you're saying is that they're going to give you a conservation permit -- they're going to give you a conservation easement over that area, correct? CHAIRMAN STRAIN: Right. MR. KLATZKOW: And what the state's saying, that the conservation areas they control as far as the trimming and alteration of mangroves. So once they've done that, that's -- once they've put that into conservation at that point in time, if they want to do anything with the mangroves, they've got to go through the state. What you're asking for is a duplicative layer of regulation, and what the state's telling you is, if you want to do that, come to us and get yourself the right to delegate it. And if that's -- at this point in time it's my understanding that our staff does not want that responsibility. CHAIRMAN STRAIN: Okay. I'm -- I just -- I'm concerned then that we will be providing zoning approvals or recommendations on a basis that may not be controllable by us, is what it boils down to. MR. KLATZKOW: Well, we don't control everything. I mean, we're a subdivision of the State of Florida. CHAIRMAN STRAIN: Right. MR. KLATZKOW: And, you know, we're part of the overall state, and the state's -- what the state's telling us here is that, guys, when it comes to mangroves, it's our rules. It's a statewide issue. It's not a local issue. CHAIRMAN STRAIN: Okay. MR. KLATZKOW: You can make it a local issue, but you've got to ask the state for the delegation. CHAIRMAN STRAIN: What's it take to do that; a lot? MR. LENBERGER: There's a procedure to request. If you -- in the beginning of the amendment on the first page under mangrove protection rule near the bottom half, No. 2 talks about delegation. It says, the department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation. If the local government meets the requirements of this section to receive delegation, a local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove regulatory program. And it continues on. Page 10 of 36 1612 September 6, 2012 A I CHAIRMAN STRAIN: Okay. Well, that really is a BCC issue, because it becomes a budget issue. But maybe as we get finished up with this we have some recommendation that can involve -- and bring that in. Okay. Anybody else have any questions of staff or anybody? (No response.) CHAIRMAN STRAIN: Okay. Are there any public speakers? Jeremy, do you want to do a better job than I tried to do? MR. FRANTZ: I'm not sure that I'll do a better job, but I'll give it a shot. For the record, Jeremy Frantz representing the Conservancy of Southwest Florida. I guess I'll just be echoing some of the things that you said. While the county might not have the authority to regulate mangrove trimming permits, we have seen the native - vegetation retention requirements which, in some cases, may include mangroves as a separate process, as you said, as a zoning process. And so we interpreted this as a separate issue outside of the permitting process. And in that case, we do believe that the county can and should be able to determine appropriate management practices and guidelines for that vegetation, whether or not the DEP would elect to permit that activity. As far as the maintenance of mangroves is concerned, trimming really serves no biological function, and the trees don't benefit whatsoever from any trimming that -- even if it's done by a professional, it might not kill the tree, there's no benefit served to the tree. The existing language that's in G is fairly restrictive, and we understand the need to create the consistency with state law regarding the permitting of mangrove trimming, but we don't want to see the language lost completely and the LDC to inadvertently become silent on the appropriate treatment of mangroves in those native - vegetation retention areas. I had not thought of necessarily keeping G where it is. I thought maybe that kind of language referring to how mangroves will be treated in those preserves might belong in preserve standards somewhere. But I mean, I think we already know the attorney's opinion, so -- CHAIRMAN STRAIN: Well -- and I think the attorney's opinion carries a lot of weight. Obviously, he's the expert in the law. And with that opinion, it's kind of hard to say we should do something inconsistent with that. But I certainly would suggest that we -- as part of the recommendation on this issue, that we ask the board to consider looking at a limited local delegation for mangrove trimming only and set aside native - vegetation areas as required by our code. And in those areas, since it is so limited, it might be easier to demonstrate that we have sufficient resources and procedures for the adequate administration and enforcement of that action. So I would suggest when this is up for motion we consider that. That might be an alternative that we could afford, since it would be minimal, and then it wouldn't be across the board, every mangrove issue in Collier County. MR. LENBERGER: For the record, Stephen Lenberger. I'm not sure you can request a limited delegation. CHAIRMAN STRAIN: Right. MR. LENBERGER: That's one issue. The other issue is you're talking mangrove trimming within preserves. CHAIRMAN STRAIN: Right. And I think, because the question hasn't been asked, what does it hurt to ask it? And if it can be done efficiently and economically without much impact to staff -- I mean, we just had an acknowledgment that you guys have got so much time on your hands, you can do all of these unlimited numbers of SDPs concurrently. So I'm sure we can fit in a little native protection, so -- anything else, Jeremy? MR. FRANTZ: No. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Is there a motion or any -- or any members of the public wish to -- further wishing to speak on this item? Page 11 of 36 16 1 AA teke 6 2012 (No response.) CHAIRMAN STRAIN: Okay. Is there a motion from any members of the Planning Commission? COMMISSIONER SCHIFFER: I'll do it. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: I move we forward with a recommendation of approval of the changes to 3.05.02 and -- as presented, and also, Mark, I think that's a good idea what you proposed. Is that something we should attach to the -- COMMISSIONER EBERT: Yes. COMMISSIONER SCHIFFER: Okay. And then Mark's recommendation. CHAIRMAN STRAIN: And that is to seek limited delegation if it's possible. MR. LENBERGER: For trimming within preserves. CHAIRMAN STRAIN: Right. Is there a second? COMMISSIONER EBERT: I'll second. COMMISSIONER KLEIN: (Raises hand.) CHAIRMAN STRAIN: Diane seconded. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. Thank you. Okay. Well, we've got less people here than we had when we started, so now I know all your people aren't here. So let's move on to the other -- well, we only have one more left before -- or two more left, so let's go to those. Caroline, I think it's No. 5. MS. CILEK: Great, yes. Number 5 is 10.02.07 C. Lb, and this was reviewed at the last Planning Commission meeting. And a mistake was found in the earlier version that was about to go to the board, so we've unstruck this section, which was on Page 3 of the amendment and little b. That's all we did. We did some cleanup as well, but -- some bolding and some relettering of the following provisions, but -- CHAIRMAN STRAIN: Okay. So the only thing you did was take the VII and make it a little b? MS. CILEK: Yes. Through the process -- CHAIRMAN STRAIN: Couldn't you call that a scrivener's error? MS. CILEK: Well, we hadn't actually -- we had it approved through the Planning Commission, but we had to take it to the board. So we've been, you know, fixing the little tweaks here and there that we found in the amendments. And this was one of those that had some provisions under -- below it, right, so C and D that we had to reletter. CHAIRMAN STRAIN: Okay. Anybody have any -- that "b" is a real issue. MS. CILEK: There's no real change here. It's the unstricken language. CHAIRMAN STRAIN: Okay. It there any questions from the Planning Commission? Motion? Anybody? COMMISSIONER SCHIFFER: I'll do it. And thanks for bringing it back. Even though it's minor, I think it's appropriate to protect us. I move we recommend approval of the revisions to LDC Section 10.02.7. Page 12 of 36 16 12A4Septeier 6, 2012 CHAIRMAN STRAIN: Is there a second? COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Made by Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. We're now onto No. 6, which is design standards, I believe, 4.05.02. MS. CILEK: Correct. CHAIRMAN STRAIN: Then we will be going into the -- wow, now there's one and one. We're getting down to nobody in this audience. MS. CILEK: I can visit the lobby area, if I need to, to pull people back in. CHAIRMAN STRAIN: Okay. MS. CILEK: On this amendment -- you also reviewed this at the last hearing. And we spoke with the County Attorney's Office and have since removed some of those provisions that were recommended for removal by the Planning Commission, so they're gone. And that was a little fix, and it required the signature of the engineer to sign off that the grass parking was not a public health, safety hazard. So what we're doing is we're keeping "b," which still provides a level of security for the county. CHAIRMAN STRAIN: Okay. Anybody have any questions? MS. CILEK: I think I provided a hint. CHAIRMAN STRAIN: Okay. If there's no questions, anybody in the public on this one? Nope. Then is there a motion, Brad? COMMISSIONER SCHIFFER: I'll do it. Recommend approval -- and we've worked hard on this. This one's landed in a good place. I recommend approval of LDC Section 4.05.02 and 4.05.04. COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Okay. Motion made and second. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: The motion carries 6 -0. Now, we have two left. Let's just do the hands thing with the audience. Who's here for storage containers? One, two. And who's here for mobile homes? We'll take the mobile homes first. And that will be No. 4, 1.08.02 is the definition. No, I'm sorry. Number 1, 2.03.07. MS. CILEK: It's first in your packet. Page 13 of 36 16 1 2ptember N4 6, 2012 CHAIRMAN STRAIN: Yep. Good morning, Nick, again. MR. CASALANGUIDA: Good morning, sir. How are you? CHAIRMAN STRAIN: Good. It's yours. MR. CASALANGUIDA: Okay, very good. Thank you. Planning Commission members, I think this goes back to a discussion we had with the board regarding the mobile home study that staff had done in looking into the existing requirements under the Land Development Code for the Immokalee Mobile Home Overlay and direction from the board to work with the existing mobile home park owners and try and come up with something that would be amicable or at least review this language and see what was in there that could be changed or tweaked to be fair, transparent, reasonable both public service versus public trust. So what we've done is had an extensive group of meetings with the mobile home park owners to get their feedback, sent a copy of this to the Immokalee CRA. And I'd like to propose this as a workshop, depending on how well this goes in terms of questions. I think we're at the point we'd like to get feedback from the Planning Commission while having the mobile home park owners here so they can express their concerns and things that are going on. So if it's the pleasure of you, Mr. Chairman, and the Planning Commission, I'd like to just go through the amendment with you and have you ask questions, and then just kind of workshop this through. CHAIRMAN STRAIN: Okay. And this is -- won't be a workshop for official purposes, because then Terri would have to leave. So we'll just continue it as discussion, but we're not going to make any motion on it today. Is that the conclusion that you're getting to? MR. CASALANGUIDA: I would say it all depends on where you get to in terms of questions and comments. If we get through this today and you've addressed everything, then I would say take the motion. If you feel it needs to come back, then we'll go there. CHAIRMAN STRAIN: Well, my questions haven't been addressed, and I don't think you can today MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: -- so we will have to anyway. Okay. Do you want to -- questions from the Planning Commission now, and we'll just start and get right into it. COMMISSIONER SCHIFFER: Yeah. MR. CASALANGUIDA: Very good. CHAIRMAN STRAIN: Anybody? Brad? COMMISSIONER SCHIFFER: No, let's go. CHAIRMAN STRAIN: Okay. Anybody have any questions of Nick? (No response.) CHAIRMAN STRAIN: Okay. Let's start with Page 2 in the staff report, "Application fees for a rezone and comprehensive plan amendment are as follows." It's my understanding that these would be applicable if someone found themselves nonconforming but wanted to be conforming through the GMP Comprehensive Plan process again -- MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: -- okay, and the only reason they're nonconforming is because we changed the GMP Comprehensive Plan process. So we make them nonconforming, then we charge them to be conforming again; is that what this does? MR. CASALANGUIDA: Well, I don't know that that's the case. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: I think going through some of the history, you know, there was an argument who changed what terms of land use. The fact is that, you know, it has to be modified. There's a cost that's incurred both in staff time and public's time and advertising, and we're trying to balance that out, I think. I mean, I don't know that government changed some of these land uses, and I wasn't here then, so -- CHAIRMAN STRAIN: Well, I do. I mean, I've got history going back to'89. You can see the Page 14 of 36 16 12 A4 September 6, 2012 GMPs coming from'89 till now. In fact, the current Immokalee Master Plan changes the mobile home uses from those that are consistent today to ones that would be nonconforming. And I'm just wondering, then, if that happens to those people that become conforming again instead of legal nonconforming --just to be conforming they'd have to come back and do a Comp Plan because the county changed the Comp Plan to make them nonconforming to begin with; then they've got to pay to have it brought back to where they are today? MR. CASALANGUIDA: I always have a hard time with the words "conforming," "nonconforming," and "legal." I think there's only three categories: Conforming, nonconforming, and illegal. I think if you change the land use and they've been there, they become nonconforming. CHAIRMAN STRAIN: Right. MR. CASALANGUIDA: I think they don't have to do anything. By the fact of being nonconforming, they could go forward. I believe we have a couple mobile home parks, one or two that we're looking into, that are not -- that don't have the proper zoning right now. So that would be allowed to go. We have one mobile home park that has a problem, apparently, with the Comp Plan. So -- CHAIRMAN STRAIN: Which one -- is that being resolved by this action? MR. CASALANGUIDA: No, sir. CHAIRMAN STRAIN: Well, which one is that? Which one is inconsistent with the Comp Plan? MR. CASALANGUIDA: I believe the Blocker's property is inconsistent with the Comp Plan. CHAIRMAN STRAIN: If a Comp Plan is changed, like we're proposing to change the Immokalee overlay, the people that gain by the change, they're not nonconforming; they just get the benefit of the new uses that come aboard based on the new Comp Plan; is that correct? MR. CASALANGUIDA: Yes, sir. But, Mr. Chairman, I'm here really to talk about an LDC amendment that will be post that. You know, I'm getting into the Comp Plan discussions and the Immokalee CHAIRMAN STRAIN: I think it's relevant, though, Nick, because you're not incorporating all the mobile home parks in this amendment. You're specifically excluding some because you believe one in particular and maybe two are not part -- not consistent with the current Comprehensive Plan. MR. CASALANGUIDA: I'll be clear, Mr. Chairman. I have my personal opinions, which I'm not going to vet at this -- CHAIRMAN STRAIN: I'm not asking for your personal. MR. CASALANGUIDA: What I'm telling you is right now the board's made a decision that it's nonconforming. They've looked at what's been done based on staffs interpretation. I'm not going to get into that. If I could help a situation through the LDC, I would. CHAIRMAN STRAIN: Okay. But you said staffs interpretation is what the board used as a basis for their -- MR. CASALANGUIDA: That's right, sir. CHAIRMAN STRAIN: -- their position on some of these properties. But staff s interpretation was based on, I assume, their review of the code. Currently, the Immokalee Master Plan allows a CCI use in the area of the Blockers in particular. If you were to look at uses under CCI, it incorporates all C 1 through C5 and industrial and business parks, not just C4 to C5 and heavy industrial. The land plan change that's going to happen to Immokalee, if it does happen, modifies CCL It actually reduces the uses from C1 to C5 to just C4 and C5, then light industrial. Now, that is a significant change, but what it does -- in Policy 1.5.2 of the Immokalee Master Plan it clearly says that transient housing and migrant housing are allowed in all commercial uses, and it specifically says subject to the requirements of the C4 standards. So based on that and based on CCI being allowed, C1 through C5, currently and your statement that basically if you changed the Comp Plan the property owners get to benefit from those changes, how is it that we're going after the Blockers in particular and can't include them in this process? Because they then wouldn't be nonconforming with our Comprehensive Plan? MR. CASALANGUIDA: Mr. Chairman, with all due respect, I'm not going to get into this Page 15 of 36 4 A 1612 4eptemiber 6, 2012 discussion, because there's a lawsuit in place with the Blockers. I've been tasked to help the Immokalee mobile home park owners with an LDC amendment. And the questions that you're asking me got me a little uncomfortable, because that's not what I'm prepared to discuss today. They're relevant and they're important to the folks that are here, and I agree with you. If you'd like to have a sidebar discussion about that, I'd be happy to do that. But I'm here to talk about the LDC amendment. The task I have in front of me is, what can I do to be fair to the people who own these mobile home parks come forward within an LDC amendment that provides them an opportunity -- and it's a "may," not a "shall." We're changing the -- from "shall" to "may" -- to allow them to pull building permits and come into compliance the best way they can. And we've spent a lot of time with these folks trying to listen to their concerns and bring this forward. I respect where you're going and what you're trying to say. I just don't know if I'm ready to talk about that today. CHAIRMAN STRAIN: Well, this board made a recommendation on the Immokalee Master Plan to clean up all the issues with the mobile homes in Immokalee. That didn't go forward. But now you're coming back and you're trying to clean up some of the issues, and there's selective issues being -- selective mobile home parks being removed. That's why I believe this is part of this amendment discussion is because you're not including everyone, and your reasons for not including them have not been proven. In fact, I have found that from a comprehensive viewpoint I don't see how you're right, and I was hoping you could tell me. Because you tried real hard in the end of 2010 to tell the BCC, so Pm not sure why you couldn't tell us. But -- maybe you didn't get prepared for that today. Maybe next time around we can discuss it again. MR. CASALANGUIDA: If you'd like staff to look at what the Immokalee mobile home study brought forward and what they based their opinion on, I certainly can have staff prepared to do that. That's a fair question to have. But for the purpose of this, if I could address some of those issues and if I was directed to do so by the board, I would. So I just want to make sure that people understand, we've gone to a great bit of effort to work with these folks to give them an opportunity to really craft this amendment with staff to give them something they could work with. CHAIRMAN STRAIN: But see, if you included all the mobile homes into this category, I think you'd be doing a better service because you'd allow the flexibility of the SIP being "may" or "shall," you'd provide for a settlement agreement to be negotiated with the BCC, which is really what's needed and what this board had tried to offer through the amendments to the previous Immokalee Urban Overlay. But without them in here, you haven't solved all the problems. And now you have a better attempt at solving them by figuring out a way to include them in this than to exclude them, and I don't understand why you couldn't do that. MR. CASALANGUIDA: Well -- and we'll take direction from this commission as well. If you can give us language that you'd recommend to be included, we'll carry that forward to the board. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: I mean, that's -- we're open to doing that. CHAIRMAN STRAIN: I think by the next -- MR. KLATZKOW: But you still have to be consistent with your Comp Plan. CHAIRMAN STRAIN: And I believe they are, and I -- that's -- MR. KLATZKOW: Well, I understand what you believe, Mr. Chairman, but, honest to God, staff initiated this action, Code Enforcement Board made a ruling, went up to the Circuit Court. The Circuit Court affirmed that ruling. I mean, as a matter of law, that issue's been decided as far as the inconsistency with the Comp Plan goes. We took a measure to the Board of County Commissioners to fix that. Board of County Commissioners elected in their legislative capacity not to make that change. And, you know, I understand what you're saying, and I am very sympathetic myself, you know, to the issue. But at the end of the day, it is what it is. CHAIRMAN STRAIN: Well --and I think we'll just agree to disagree on this one, and I'll curtail Page 16 of 36 e4pember 6 2012 161 2A4 P , my discussion on the issue since it's going nowhere. But I think the purpose of all the actions we do and amendments ought to be to resolve issues, all of them, if we can. And, you know, if at some point you feel there's an opportunity to look closer at maybe this Comprehensive Plan issue to resolve part of it, I mean, I'd certainly be willing to discuss it, because I'd like to understand it better. MR. CASALANGUIDA: Very good. CHAIRMAN STRAIN: If I'm not going down the right path, then someone needs to certainly show me. But I've looked hard, and I couldn't figure out -- I couldn't figure out where it's coming from; that's why I couldn't figure out why it shouldn't be included in this amendment. So with that I'd turn to Page 7 of 10.02.05. And under E you crossed out some language that says, prior to the approval of the SIP, the county building inspector will identify all mobile homes not meeting minimum housing code standards. On Page 4 under new double i, basically, after the approved SIP are complete -- after the requirements for the approved SIP are completed and the building permit has been obtained for each unit, which then signifies they would have inspections, my concern here is, we lead everybody down the rosy path, say here, get the SIP, but we're not going to tell you if your buildings are legal until after you get it. Well, then they're really in trouble. So this inspection prior to the approval of the SIP was probably a good thing if they voluntarily wanted to do that because then they would know if they're going in the direction that's going to be fruitful for them or not. MR. CASALANGUIDA: Good point. And I think -- for clarification, I think it's not staffs intent to do a building inspection with the SIP. What the -- the intent of the SIP is to show the location, the setback, the dimensional standards, the site improvements requirements. The conformance with building standards -- and with a mobile home, let's be clear, we're only looking at three things: The tie -down, the plumbing, and the electrical. So that would come at the building permit stage. Some of the discussions we've had with the mobile home parks owners is, are you inspecting these for building code? No, we're not. That's not -- we're inspecting them under the SIP process for dimensional standards and development standards, at that level. If you come in and you've got a building -- a mobile home park that -- at the time it was put in, and if one of your -- if your engineer will certify that at the time it met the existing building codes or codes at that time, we leave that alone. So we're trying to separate those two. But when you come in for the building permit to replace one, that's when the existing standards have to be met. And for the purposes of a building permit, there are three, which is tie -down, electrical, plumbing, and then, obviously, if they have an air- conditioning system, an outside mechanical, that has to be looked at as well, too. CHAIRMAN STRAIN: Okay. So in the old Page 7, prior to the approval of the SIP, that building inspection was for the mobile homes and was for their meeting of the minimum housing code standards. In the new language, that building permit issuance, then, is not for the same thing? MR. CASALANGUIDA: That -- there is no inspection of the units as they exist. The building permit issuance would be when we inspect those minimum standards. CHAIRMAN STRAIN: Can you clarify that in this language then? MR. CASALANGUIDA: Absolutely. CHAIRMAN STRAIN: Because what I'm concerned about, this says, when a building permit has been obtained for each unit. So it almost appears as though they get the SIP, then they've got to go back in and ask for a building permit, which then triggers all the inspections and COs. And so each unit, then, would be at risk until it goes through that process. I'm not saying that's bad or good, but I think that the timing of it ought to be before applicant spends a ton of money on an SIP that, really, will end up doing them no good because none of their buildings meet the codes that they're inspected by. MR. CASALANGUIDA: So we want to be clear, Caroline, we're going to make sure that we elaborate that the building inspections gets done as part of the building permit, not as part of the SIP; is that Page 17 of 36 �� 16 12 A Septem er 6, 2012 where we're -- CHAIRMAN STRAIN: No, just the opposite. The building -- before a person gets an SIP, as the old language said, they ought to know where they stand. And I'm worried that you're going to get a lot of people come in for SIP -- not a lot; however many there are -- they're going to go through the process, which is not cheap. It's expensive. And then it's all done, they've got all these improvements, but then they find out that they've got all these improvements on mobile homes that will never pass our inspections. So now on top of that they've got to replace them all with more expensive units. And they need to know that before it gets started under a voluntarily basis. MR. CASALANGUIDA: Well, I think that will conflict with what -- some of the understanding we've have with these folks is. And let's discuss this, because that's the point of this meeting is to make sure we vet this out and they're hearing the same thing that I'm understanding and what you're saying. It is our intent that when they submit these SIPS -- and from discussions with the mobile home park owners -- that the SIP would be for dimensional standards, the dust resurfaced, whatever -- the requirements that are listed in here, that entitles them, as per the section on Page 3, the approved SIP shall become the official record acknowledging the legal use of the property and convey all the rights of the conforming mobile home park, including the ability to replace mobile home units with the approved building permit. So the SIP gets approved. At that point in time, the homeowner -- the mobile home park owner says, I'd like to replace three units. We will go out, and they'll pull a building permit for those three units. We would do the building inspection on those three units. CHAIRMAN STRAIN: Okay. Well, that makes sense, but that's not how I think it reads. The way I read it, they would have to go through a process on all the units, whether they're -- MR. CASALANGUIDA: No. CHAIRMAN STRAIN: -- new or existing. And if you could just clarify that in the language, I think that would solve the issue that I understand -- MR. CASALANGUIDA: Very good. CHAIRMAN STRAIN: -- by the reading of it. Anybody else? Brad? COMMISSIONER SCHIFFER: Well, no. I agree with that. I mean, Nick, could some of these mobile homes have permits already? MR. CASALANGUIDA: Some will have permits already. COMMISSIONER SCHIFFER: Right. I mean, so it's two issues. One is the site plan. MR. CASALANGUIDA: Right. COMMISSIONER SCHIFFER: And one is in, unit by unit, bringing that up to required minimum standards. MR. CASALANGUIDA: Right. And understand. I'm glad you're asking that question for the purpose of the mobile home park owners. You always run into that problem. And I don't want to get into a debate about code and anonymous phone calls. But if someone calls in a unit and says the unit doesn't meet the building code right now, then we have to sit and meet with the mobile home park owner and say, okay, I've got a complaint. Did it have a permit? When was the permit done? What were the building standards at that time? If we can't find that -- but an engineer will certify that it met the building standards at the time they think it was put there, then that gets to be a little more complicated. But now I'm introducing a code issue into an LDC amendment. I just want to make sure it's clear. We're not going to look at this as part of the SIP process. But there are two outside complaints that can trigger an inspection. One is the anonymous call for lack of a building permit, which we'd have to look at, and two would be if a renter says that the conditions of the mobile home park are deplorable inside, we need, you know, the housing and human services type inspection internally. Those are done countywide under the same rules. So they're not being treated any different. COMMISSIONER SCHIFFER: Right. MR. CASALANGUIDA: Okay. COMMISSIONER SCHIFFER: And while on this same paragraph and everything, there's an expiration. It says that the SIP will last for three years. Why would an approved SIP sunset? Why wouldn't Page 18 of 36 1612 NcAZkber1.,.2012 you be able to -- and the concern I have is in the fourth year, can't they count on, you know, being able to keep the park exactly as it was in the SIP? MR. CASALANGUIDA: Well, you're talking about it expiring or time to complete? And there's a couple different things. You're allowed two two -year extensions under the current code under 10.02.03 B.4. And I'll recite some of these numbers wrong. But you can come in and get a two -year extension and a two -year extension. And the discussion I had outside with some of the mobile home park owners is, you're most likely -- and we're going to have to clarify this, Caroline, as well, too, is a phasing plan if you have it as well, too, because I think, depending on the size of the mobile home park -- I'll give you just round numbers. It's got 30 units, 15 on each side of a road. And if they want to come and say, well, look, we want to pull the SIP, and we want to break it up into thirds and say we'll do the first third and do the building permits in the first, you know, year or two, as long as they start the process and are consistent with it, they can do that. And I think we need to -- we probably need to put that in this LDC amendment as well, too, because that was a concern they had. We want to pull the building permit. We want to get the CO. And I said, well, I can't issue the CO unless you've completed the SIP improvements, but maybe if we specify that it can be phased, we can go back and forth on that, and as long as you identify it on the SIP. COMMISSIONER SCHIFFER: The concern -- I mean, there's wording here that says, the SIP shall remain in force for three years. I mean, is it the intent that you make the improvements to the SIP or bring it up to the SIP in three years; is that what you're trying to say? MR. CASALANGUIDA: No, no. It's -- the permit itself is good for three years. Once you begin -- once you begin work, you jump to another section of the code that gives you so much time to complete the work. COMMISSIONER SCHIFFER: Okay. MR. CASALANGUIDA: So if the person comes in and pulls the SIP, it gets approved on January 1, 2010, they've got till January 1, 2013, to begin work. COMMISSIONER SCHIFFER: Okay. MR. CASALANGUIDA: And then they can -- they can seek two extensions for two years each. So there's plenty of time in the process to go forward and do the work. COMMISSIONER SCHIFFER: Okay. I mean, the wording -- it may be me, but it does seem that, you know, the SIP sunsets. And what you're saying, not unless -- if you did nothing, the SIP would sunset in three years? MR. CASALANGUIDA: We can be clear in our explanation when we update this what the sunset -- and it's consistent with all your permit plans that you have in our building permits or site development plans. They all expire if you don't do anything. COMMISSIONER SCHIFFER: Right, okay. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Let's go to Page 5. Under E, for landscaping requirements, are as follows: A 10- foot -wide landscape buffer with one single hedge row and trees spaced 30 feet on center along property lines abutting the right -of -way. The 10- foot -wide landscape buffer, since they have setbacks from right -of -ways of 20 feet now, is that 10 feet in addition to the setback, since landscape buffers technically are separate tracts, or are the -- can landscape buffer be included in setback? MR. CASALANGUIDA: You know, Pll ask Mike to talk about that, but my -- you know, based on the understanding of these mobile home parks, I would not want to include the setback from the buffer. But I'll have Mike explain that. I would say the buffer's included in that. CHAIRMAN STRAIN: Well, then we just need to make it clear. MR. CASALANGUIDA: Yeah. MR. SAWYER: For the record, Mike Sawyer, project manager. When it comes to buffers, when you've got plats done on properties, they are generally done as a separate tract, or possibly even an easement. In a case where we've got these types of applications coming in all of the time, all of those buffers are Page 19 of 36 1612 SeptAb46, 2010 included within the setbacks. You don't have them in addition to those setbacks. Those setbacks are determined from the perimeter of the site itself for the building, and it does not include an additional area for the buffer. CHAIRMAN STRAIN: Okay. But you said unless they're -- is there a difference when they're platted? Because some of -- most of Immokalee, a lot of it was platted in 1951. I went back and looked at the original plats. So if you've looked at some of those, you don't see landscape buffers on there. So does that mean if it's platted, the landscape buffer is still included within the setback as well? MR. SAWYER: When I was -- I apologize. When I was talking about platting, when you wind up with somebody coming in and actually platting and doing a sub - division. CHAIRMAN STRAIN: For the first time? MR. SAWYER: Correct. CHAIRMAN STRAIN: Okay. Because you've got a lot of existing old subdivisions already there that didn't take this into consideration. MR. SAWYER: Correct, because they -- you know, they're actually just, you know, platting very large areas at that time. When somebody's coming in now with our current regulations, you're required to provide those perimeter buffers for your projects with PPLs, final plats, and they are generally done either as tracts or as easements. In this case, neither of those would apply because you've already got the land that's already platted. They're not doing a subdivision, generally speaking, on these. CHAIRMAN STRAIN: Can we say that in this -- can we add that language to this El? MR. SAWYER: I would see no problem with that at all. CHAIRMAN STRAIN: Just a clarification? MR. SAWYER: You could easily add something that would basically say that those buffers can be included within the setback limits. CHAIRMAN STRAIN: Exactly, okay. MR. SAWYER: As a suggestion. CHAIRMAN STRAIN: Under F2, nonconforming mobile home parks, the second part of it says, due to existing site constraints or other factors -- first of all, nonconforming mobile home parks that are unable to meet the design and dimensional sections of 4.02.33 A through E, due to existing constraints or other factors, may have an SIP approved by the Board of County Commissioners. What is the process to put an SIP through the BCC? I didn't know -- the BCC doesn't routinely, I believe, review SIPs. Now, they do review settlement agreements, because that's directly with them. So wouldn't we want it as an SIP in conjunction with a settlement agreement so we can look at an overall global fix to whatever the problems are, which might go beyond SIP requirements? MR. CASALANGUIDA: We wrestled with that and that's where I think there's a good discussion item. I talked to the county attorney, and we talked about what the intent of the older code was that said settlement agreement. I think it was -- as an agreement, it's a promise between two parties. So with this we tried to avoid it becoming, you know, getting a formal agreement other than to say, if you put down why they couldn't meet it and staff would say we support it, take it to the board and have them approve it. That was the intent. Now, if you want to recommend that we do it by settlement agreement -- CHAIRMAN STRAIN: Well, isn't the settlement agreement kind of an understood process? I mean, basically it's with the board. It's a direct agreement between the attorneys for the applicant and the county attorney who sets it up and presents it to the board, I would assume. But we've done settlement agreements before, but I don't -- have we ever taken SIPS before the board before? MR. CASALANGUIDA: Well, you're going to be taking one soon because it references a settlement. The only one that can approve the settlement agreement is the Board of County Commissioners. CHAIRMAN STRAIN: So it's in conjunction with the settlement agreement, which is where I was going to begin with. MR. CASALANGUIDA: Correct. That's one that's coming up on the next meeting that we're Page 20 of 36 A4 i 1 6 I September 6, 2012 working on right now, because their current code says that. Our question, and staffs discussion internally has been, do we want to make it that complicated? This -- I don't want to say this is an abbreviated deviation or variance process but, in essence, it is. You're basically saying, I can't conform. These are my reasons why. And rather than it be subjective by the staff, it just be by the board and saying, okay, we're hearing what you're saying. It's under public comment, because it's publicly advertised. CHAIRMAN STRAIN: Why don't we provide the option that we shall have an SIP, and then -- I know this ain't the right words, but I'm trying to just say and/or as the need may arise for a settlement agreement. So that you could -- if someone wants to go and do a comprehensive fix that goes beyond the range of an SIP, it all gets done at once, but they have the option to do that, or they could go just with the SIP. MR. CASALANGUIDA: I don't have an objection with that. I mean, that -- I look at Jeff and say, you know -- MR. KLATZKOW: It's a policy issue. CHAIRMAN STRAIN: Okay. MR. KLATZKOW: All right. So I'm okay with however you want to go with this; pure policy issue. It's just -- CHAIRMAN STRAIN: It wouldn't hurt -- it doesn't hurt, so why don't we send it up that way, and if they want to change it by policy, they can change it, but at least they're getting the benefit of all the possibilities that could arise. MR. CASALANGUIDA: I think we'll have to do a little work just describing the settlement agreement, but we can do that. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: And I don't have any other questions for now. Does anybody else? Brad? COMMISSIONER SCHIFFER: I just have one. Nick, do -- and by the wording when they say mobile homes or mobile home lots, you don't have to put a mobile home on a platted lot; is that correct? MR. CASALANGUIDA: No, it can be -- it's like a multi - family lot. COMMISSIONER SCHIFFER: Okay. And then the density on a non - platted arrangement, how is that determined; by whatever you can fit on there? MR. CASALANGUIDA: Your land use. Your underlying zoning will tell you what the density is. COMMISSIONER SCHIFFER: Okay. And that would hold true, then, I guess, with the lots. You could plat it any way you want, but you can't increase the density beyond the -- MR. CASALANGUIDA: That's correct. COMMISSIONER SCHIFFER: -- underlying use? MR. CASALANGUIDA: That's correct, sir. COMMISSIONER SCHIFFER: Okay. Just to -- for -- a question on the permitting process. These are considered still motor vehicles in this state, correct? MR. CASALANGUIDA: That's correct. COMMISSIONER SCHIFFER: And so the only thing you're doing is you're parking a motor vehicle, which has standards, I mean, but it's nothing to do with Collier County. And then, like you say, you're tying it down, you're plugging it into water, utilities, and that's it. MR. CASALANGUIDA: And unless they penetrate the vehicle, then it gets a little more complicated, so -- but you're right, if it's just a motor vehicle being put down, it's electrical, plumbing, tie -down, and then any mechanical structures that they want to use, you know, like an ancillary air - conditioning system. That's how we look at it. COMMISSIONER SCHIFFER: And some of them might have outside accessory buildings, accessory structures, too. MR. CASALANGUIDA: Correct. COMMISSIONER SCHIFFER: And they would be governed by the building code. MR. CASALANGUIDA: That's right. COMMISSIONER SCHIFFER: Okay. Thank you. Page 21 of 36 1 612 4►ber 12 MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Okay. Anyone else? (No response.) CHAIRMAN STRAIN: Okay. What we'll do is hear public speakers. We'll start with those that are registered, then I'll open it up to anybody that wants to speak on the issue. Ray or Caroline, if you want to call for the first registered public speakers, if there are any. MS. CILEK: Sure. Mr. Davenport. ROBERT DAVENPORT: Good morning. For the record, my name is Robert Davenport. I'd like to make a couple of statements, and then I'll go into what we need to talk about. The one thing I hear all the time is the Blocker case. This is not a Blocker case. This is a Jerry Blocker case. And it's a very serious issue because you're putting a lot of people into the court case that's not there. And I don't have a fight in the battle, but I do have a -- I've had it in my business where my son done something and I got accused of it. So I think that staff needs to be very careful when they use the term " Blocker," okay. Nick Casalanguida has worked with the staff according to what he thought the directions were. The lawsuit has been excluded all the way through. That's been a fact. That's been very obvious to us; the lawsuit was excluded. The other thing that I want to talk about is the 2000 initiative, which this came out of, I felt like was an attempt to get grants for Arrowhead and low- income housing. We've been overrun with low- income housing in Immokalee. The mobile home park people have become the victim of low- income housing, a better word, or subsidized housing. At this point we have 380 more units that's going to come on the market of low- income housing and subsidized housing. It's basically going to put some of us out of business. It's hard for me to pay my taxes and then be put out of business. That's one issue. Now, I want to go back and speak to you -- I've spoke to the County Commission about this. In the mobile home park that I own, I bought every permit that they required. Collier County staff allowed me to buy those permits illegally. The code says it had to be platted in a VR to put the mobile homes in. They allowed me to separate it out into 60 -foot by 100 -foot lots, 6,000 square feet, and then they required me to come back and go through the SIP process, which I felt like that I got double dipped on two parks. The staff has worked to get this resolved, but I was not aware of the bigger issue of the Comprehensive Plan. In my situation, and only my situation, I didn't have a comprehensive, because mine was in the right zoning. CHAIRMAN STRAIN: Which zoning is that, sir? ROBERT DAVENPORT: Mine's in mobile home in VR. CHAIRMAN STRAIN: Okay. Thank you. ROBERT DAVENPORT: All of my properties were. But I had a mobile home park in a mobile home district -- mobile home rental park district that they required me to do an SIP. In an attempt to fix this, I think the staff for -- in my case and my son's case, are going to be pretty well. But I would suggest to you that you put this off until the new administration takes over. The one thing that you talked about the mobile homes and the permitting, prior to 1982 -- mobile homes went in and out without permits prior to 1982. In that area collier County required Lee County Electric to have a CO to turn it on. Prior to that, it was not required. And that's a big issue. Jackie Williams -- he's a general contractor and he was on the Planning Commission back when Immokalee had one, and that was one of the discussions we've had. So a lot of these mobile homes, you're not going to fmd a permit. Some of the mobile homes back then had one meter but for all of it. Most of us have converted over to where we're going to have individual meters. And in the process of the mobile homes coming and going, it appeared to me that the staff, prior to Nick Casalanguida getting involved in it, took it as every mobile home was a new building permit. And, you know, you've got to have a tie -down permit. But they stopped us from working. Our goal working on this amendment -- and my goal is to be able to continue to stay in business. Thank you. Page 22 of 36 1612 ACeptelber 6, 2012 CHAIRMAN STRAIN: Thank you, sir. Next speaker, Caroline? MS. CILEK: Mr. Randy Johns. MR. JOHNS: Good morning. For the record, Randy Johns. I think Mr. Coyle said it best. We take a picture to allow these people to stay where they're at. We need to deal with people that were there prior to 1991. We've got to pick a date. I heard him saying today that the, you know, SIP, once it gets approved, then they'll come out and do an inspection. But if your neighbor's mad at you and he calls in and says you've got a problem, code enforcement comes out, they're going to cite you. Now you've got to deal with something that's been there for 20 years. I think you need to address that. I don't think that once this SIP gets approved and you pick a date, that anything prior to that date was legally there or permitted -- you should have an avenue for those people to be able to stay without having to go -- be under the pressure of a code enforcement case coming against them. I don't know how we fix that, but I think if we could show that we were there or they were there before 1991, I think they should be allowed to stay. So that's kind of what I -- everybody else already said everything else. CHAIRMAN STRAIN: Thank you. And I think that's kind of where I was trying to suggest that we look at settlement agreements, because they can take a snapshot and either accept everything that's in that snapshot as it is going forward or say what things they're objecting to, have those fixed, and the balance of it accepted as-is, and that might be the simplest avenue to include in some of this language as something that happens; then I think you'd be assured you can't go back. Once the settlement agreement's done, it's done. And if it takes a snapshot to bring it up to time and say, here's what we've got. What don't you like about it? What can we negotiate as the settlement and how do we get there? That's what it's all about. That may be the solution, but we'll have to wait and see what comes back and chew on this again. Are there any other speakers that are registered? MS. CIL,EK: Yes, Mr. Max Griffin. MR. GRIFFIN: Hello. My name is Max Griffin, and I just want to stay in business. And I think people deserve a choice that -- some people want to put us out of business and make everybody go to Crestview or Habitat for Humanity where there's a long waiting list. We offer a choice. And not everybody wants to go to these government agencies. And we've been here a long time. One park's been there for 40 years, and I need to be able to replace units as they wear out. I just want to stay in business. It's already getting tough enough as -is. Immokalee's shrinking. They've added all this -- they come in about -- in 2006 and they wanted to add Crestview and all these other places. They got'em. And I guess they're filled up now. But I think there's still a place for us, and we deserve to stay in business. CHAIRMAN STRAIN: Thank you, sir. Is there anybody else registered? MS. CIL,EK: No. CHAIRMAN STRAIN: Is there anybody who's not registered who would like to speak? I bet you're one of them. Come on up. MR. CRUZ: First I'd like to thank you -all for doing what you do, or some of us would have to do it and we would be really bad at it. Jim Cruz, representing Tara Park. Got my nephew back there who's going to run it one day. He's the whole lineage for this outfit. We've got a trailer park my father purchased. He was a grocer, and he purchased our mobile home park in 1974. We have 97 units, I believe. Winn Dixie came to town, put the independent grocers out of business. So it was good. He bought a little rental property along. We've sold everything we've got because it's just so competitive. I can compete with anything but free, okay. The government, they've got their place. We've got our place. We try to give a product. We're in the mobile home; we're not in the labor camp business. Our folks Page 23 of 36 September mber 6, 2012 161Z all own their mobile homes. We don't have any rental units in the park. Everybody owns their own. County came through about 10 or 12, 15 years ago now maybe and said we could no longer have travel trailers, which we were allowed. So the only place that's allowed legally in Immokalee is Ski at Lake Trafford Marina, which is mentioned in some of the paperwork as a small travel trailer park next to the marina, but he was the only legal. And the reason we lost ours or agreed with the county to lose ours is because we didn't want to build public restrooms for the problems that go with having public restrooms in a mobile home park. So we let that part of our business slide. We only had maybe seven or eight travel trailer spaces. We came down here when -- Miss Anne Goodknight was a County Commissioner. Along about 1991 the staff was going to change our zoning from mobile home rental park, which we are, to mixed residential, I believe. Somebody could research it. And we came down and said, we've been a mobile home park, we're zoned mobile home park, we look like a mobile home park, can't we just be a mobile home park? And she said, well, yeah, I think you can. So that didn't happen. But looking back on everything that happened, if they would have changed our zoning, then we'd have been way out of whack with what they're wanting to do now, but we're luckily zoned mobile home rental park, I believe, MHR whatever. So they came through with the SIP thing and said that we had to move out a lot of units, our people -- some of the trailers were junk. And we said, well, we don't own them, the people do, and they hit us pretty hard back in 2000. And we were resistant to it. Everybody knows we need some improvement. We need some plans. We need to do things. But Immokalee was one of those areas where you kind of lived with what you had and you thought it was supposed to be there. And like I say, they built a lot of stuff. We haven't had anybody walk in our park in several years looking for a lot, because you can't get a new mobile home financed. With all the foreclosures that are on the market, why would you want a trailer when you can get a house? We're a steppingstone, and most of us realize that. You go to a labor camp, you live there a few years, maybe you move into my mobile home, own your trailer, improve a little bit, raise your kids, send them to school, then you get a house. And it's a cycle. And that's what -- most of us are familiar with the cycle. Now, Naples, I don't know what your cycle is. I don't really come down here that much. You've got some beautiful places. But in Immokalee, where most of us are stuck making our living, we just want to survive. And we thought we were legal. Somebody changed us or something. Now we're illegal. It's going to cost us a fortune to comply. Why do we comply? What incentive, other than you're going to close us down, or this county attorney guy's going to get after us with fines and lawsuits and take the property, eminent domain, you know. Now we're a threat to the community because something's unsafe. And, like I say, nothing's perfect out there, but we're just trying to get along. And I thank you for what you're doing up there. Have a good day. Thank you. CHAIRMAN STRAIN: Thank you, sir. Any other member of the public wish to speak on the mobile home issue? Yes, sir. Come on up. JEFF DAVENPORT: For the record, I'm Jeff Davenport. I have a J &B Rentals and a G &J Rentals in Immokalee. In my instance, also, none of the trailers I own. They're all for other people that own them. And one thing we do a little different, when people come and buy my trailer and live in my spot, they don't have a -- we don't do credit checks. You know, these are young families -- a lot of times younger families in my parks who -- they can get and live and own their place for 8- or $10,000 and pay a $300 monthly fee up to -- some of mine are 250 to 300. 1 mow their property, maintain their dwellings, keeping them up, pay their taxes. They can budget themselves, and they have something that's their own. And I have older units that I bought; these trailer parks are older. And I would love -- they would love to replace trailers in there, and sometimes I'll give them -- find a nice trailer, and I could set it up, and they could pay me back, but to improve my park. I lived in Immokalee all my life. I love Immokalee. And even the Blockers who -- people criticize Page 24 of 36 612A 4sp i 1 tember 6, 2012 them. They pay more taxes in Immokalee than anybody I know, all the properties they own. And he lives in Immokalee and grew up with me, and we love Immokalee. We're offering a different standard of living that younger people can afford. And to lose my deal -- luckily, I have another job. This is a -- something I use for my retirement. This is what I'm planning on to use for extra income. But, truthfully, I'm barely making it by paying payments and in having to do a lot of extra improvements. Of course, in the landscape part of it, I can do that for free; that's my real business. But pavement and stuff is real expensive to do. And if we could just work to make it where everybody can get by -- because you're really talking of making a little bit of money extra a month by the time you pay fees and insurance and to maintain it. It's definitely hard to compete against free. And when you have government coming in and trying to put everybody in government housing and take away for the people who pay to be there and to fight the government is awful hard. And, like I say, just give us a chance to survive and raise our kids in a town that we love. Thank you. CHAIRMAN STRAIN: Thank you. Is there anybody else that would like to speak on this issue? (No response.) CHAIRMAN STRAIN: Okay. Well, first of all I appreciate the public speakers that came up. You opened up a lot of discussion that we probably may not have understood before, at least I haven't. I would hope that the next round of reviews of this document go to you and that you would respond to them specifically by that time. We understand -- I understand now, I think we all do, your general concerns based on what you spoke here about today. But when this amendment goes through the process -- it was put forth by staff to help; supposedly not hinder. The only people that really know if it helps are you guys. I understand what you said about raising costs, but if --this is a "may" instead of a "shall." You can jump into this system, or you don't have to. I'd like to ask each of you to carefully look at the next round of language that comes through and either come to the meeting or send a note to staff that will be copied then to all of us, as to what actual language is problematic for your mobile home park so we can try to resolve it to make sure it's not problematic. And that would be the best thing you could to do make sure this language goes forward correctly. The overall intent, from what I understand, is to provide more time to come into compliance and to make it easier to come into compliance for those that want to. That's why the mandatory has gone to a voluntary. If we're wrong or that doesn't read right and you guys see it differently, you need to tell us. I expressed, and I know Brad and all of us expressed some concerns about the language that was here today. We're going to have more. But yours is the most important, so please try to get back to us by the next reading of this, which -- I can't tell you when it will be because staffs got to rewrite some things and then come back with it. Mr. Davenport, you wanted to finish up with something? ROBERT DAVENPORT: I'd like to make one comment. CHAIRMAN STRAIN: Sure. ROBERT DAVENPORT: In regards to the permits and the requiring of permits when we do an SIP -- and they were talking about the engineer. And I just happened to be talking to someone that it cost him between 2- and $3,000 to have an engineer to certify his building to be livable, and that's one of the big issues. The units were there, have been there, and I just want to clarify it, because the units themselves can be safe but not pretty; safe, but not pretty. There's a big difference in being pretty and safe. You can have a plywood wall or plywood floor. It can be safe, but it's maybe not real pretty. So I just wanted to clarify that, because Collier County, prior to '88 -- I know I was looking for a building permit in 1988 to '89, and I couldn't find it. And one of the problem in our mobile home parks, the tenants -- in my case where I don't own any of the units. The only way I'll own a unit is I'll buy it, rehab it, and sell it. But in my case the mobile home parks back in the'80s and early'90s, they pulled all the building Page 25 of 36 161zK 4 eptember 6, 2012 permits. So if we don't have a real -- if the park owners don't have a real good record of who moved in there that month -- when it was set there, we're going to have trouble fmding building permits. And if you have trouble finding building permits and have to pay 2- to $3,000 for it to be engineered, that's a big issue. CHAIRMAN STRAIN: Thank you, sir. Okay. I think we've provided some more direction to staff. Caroline, are you comfortable with what you've heard today as far as what you've got to do with this document next? MS. CILEK: Yes. I believe I have sufficient direction. CHAIRMAN STRAIN: Okay. Is everybody here fine? COMMISSIONER SCHIFFER: Yeah, it's good. CHAIRMAN STRAIN: Okay, thank you. And we have one item left, but we also have to take a break for the court reporter. We'll take a short one, though. We'll come back at 10:35, and we'll finish up with storage containers. (A brief recess was had.) CHAIRMAN STRAIN: Okay. Welcome back from the break. We left off with one thing to discuss, and that's the storage containers. I think it would be appropriate to make those of you that are here waiting for this patiently -- why we're here today. The Planning Commission has spent, as you know, one or two meetings -- or I don't know how many -- trying to gell up language to be sent to your organizations for review. We could do that 10 more meetings, and we probably wouldn't get it right. And what our goal today is, hopefully say, okay, this is -- may not be perfect, but it's good enough to send to you guys to take to your membership and say yea or nay or we want to make these changes or we want to do this. In talking with Nick, the suggestion was that we send you two alternatives. One is -- basically, the current code prohibits storage containers. And so one alternative would be to memorialize that prohibition and make it a little cleaner in the code, because right now part of that's relying upon two interpretations by staff, which are not as legal as being said distinctly in the code. But, in essence, the code has already prohibited those. The second one is send you an alternative for your organizations to review that says here's a way it could be done if you want it done, and either come back saying one of those is acceptable or not or changes to either one of them. That's the scenario that we see coming out. And you have plenty of time to do this in. We believe that your meetings could be September or October. That's fine. There's no real rush on this to -- whenever it's probably vetted, we'll get back with it. But I think that's kind of where we're going today. So I don't -- hopefully we can, after today, just pass it on to you and wait for you guys to get back to US. And, by the way, I did get a call from Commissioner Hiller, and she had talked to some of her constituents, and there is a concern of these in some of their area such as Pine Ridge, which is similar zoning. And so I wanted to make sure staffs aware that there is a Pine Ridge Civic Association, and it's very important that when this document goes out for review, they get it as well, because everybody needs to understand who it affects across the county. If it comes back, we have different input from different parts of the county. Well, maybe there would be a way to look at that, then, too. But, anyway, that's kind of what the synopsis is for today's scenario. And, Nick, this is another one that you'd like to get into, so -- MR. CASALANGUIDA: Oh, no. I think you've laid it all out, Mr. Chairman. I think it's a good opportunity right now to have it clarified in the code if it's disallowed and then some criteria if you want to allow it and then let's take our time with staff, attend some of these meetings, take notes from what your feedback is, and then bring it back forward to this commission. So we're on the same page. You've elaborated it perfectly. CHAIRMAN STRAIN: Okay. I do have some comments about the documents that were sent to us, but I'll defer to my other members of the Planning Commission first. Does anybody have any issues? Page 26 of 36 10 e LI. September 6,2012 A COMMISSIONER SCHIFFER: I do,Mark. CHAIRMAN STRAIN: Go ahead,Brad. COMMISSIONER SCHIFFER: Do you want to go page by page or-- CHAIRMAN STRAIN: We've done that so many times; let's just take it all at once. COMMISSIONER SCHIFFER: Number one is, in the definitions we do list some definitions,but-- and I know that it says not included,but most of these are kind of clean products. I mean,we're able in the agricultural districts to store anything,yard equipment,anything. So I get somehow concerned when you have a list that somebody could interpret why that list has certain things. Do you think there's any confusion that a guy could put one in the backyard and put his lawnmower in it,or do you think that's covered by that list or covered by the"but not limited to"? MS.CILEK: Right. I think that--you know, I looked at a lot of definitions all across the country, and we pulled out the best parts of those to compile this definition. And we really thought that these would be the biggest key items that would be something that they would include inside the storage container,and "equipment"really gets the lawnmower. COMMISSIONER SCHIFFER: Okay. So we're all right. MS.CILEK: Household equipment. COMMISSIONER SCHIFFER: Next page, 8B,and let's have this conversation;B4. We've said-- we've discussed here that in all the districts,based upon an architectural engineering drawing,a design professional can put a storage container so long as he meets the setbacks and everything for a structure. Do you think this prohibits that or-- MS.CILEK: Well,he would have to come in and prove that he has bypassed our definition from where I look at the code. So if he came in and he said--you know,he defined it as a portable storage container, it met our definition,then no,this would prohibit that. But if he added a window or an awning,he moved past that,then the code is silent to that,and he could put it in a residential and paint it pink. COMMISSIONER SCHIFFER: Okay. So if I--as an architect I could--let's say I want to design a guesthouse. I could go put two storage containers in the-- MS.CILEK: Yep. COMMISSIONER SCHIFFER: --as an accessory building,weld them together-- MS.CILEK: Yeah,you've totally bypassed our definition. COMMISSIONER SCHIFFER: --and cut a hole between them,put a kitchen in it,and-- COMMISSIONER HOMIAK: Oh,it sounds nice,too. MS. CILEK: You've created a dwelling unit.You know,at that point we're not regulating that through this. COMMISSIONER SCHIFFER: But I think the thing we're missing--and maybe we should save this conversation with the building official--is that if I'm doing that,I'm taking responsibility for the design of the steel work. Now,obviously, it's going to be very strong,it's going to ultimately pass a rational engineering analysis. But what you're saying is there's nothing to prevent that now in all of our zoning districts? MS.CILEK: I mean,well, specifically because we don't have a definition that prohibits them in residential. Currently,yes,an engineer/architect could certify and have one,especially as a dwelling unit. I mean,that would be separate--it would be a separate part of the code. COMMISSIONER SCHIFFER: Okay. And one thing you said that maybe--you said during that process I could not use the word"portable storage container." I would use welded steel wall,roof,or what, you know. MS. CILEK: I would make that recommendation. I mean,if you put that in your,you know, application,then you're identifying it that it's as defined here,and then it would meet our definition,and then you'd be in an odd position,and it would be a zoning violation. You wouldn't be a building-code violation. You'd be a zoning code. COMMISSIONER SCHIFFER: Okay. But,Nick,do you want us--because,I mean,I don't think we should let that get through the gate. MS.CILEK: I mean, it's-- Page 27 of 36 16 September 6,2012 MR.CASALANGUIDA: Yeah,that's the problem. I mean,you hit the nail right on the head,Mr. Schiffer, is that if you as an architect design an ugly building that looks like a storage container,we'd permit it, I mean, if it meets the building code. Really,you could permit a structure as a box with steel outsides. And if you as a designer said this meets the Florida Building Code, it can look exactly like a storage container,you get to build it. I can't prohibit that under the Florida Building Code. COMMISSIONER SCHIFFER: Okay. All right. I mean-- CHAIRMAN STRAIN: While we're on that,Brad--but just for the same thing,you can design anything. An architect can come in with the ugliest design in the world. If it meets the building code,it's allowed to be built. MR. CASALANGUIDA: True. CHAIRMAN STRAIN: So it's not a storage-container thing. I mean,we're focusing on storage containers because that's the part of the discussion. But for an architect to come in and try to modify a storage container economically to make it a dwelling unit would be economically unfeasible. So the likelihood of that happening isn't as--isn't any different than the likelihood of an ugly building being built and expecting to have some kind of sale for it afterwards. That's not practical. MR.CASALANGUIDA: You're right. The deal with the storage structure or the storage container is he could certify it as an architect/engineer and say it meets the definition of a structure of the building code by doing certain things. Now,your code defines it here. As Caroline said,you're making it a lot harder by putting this definition in there. If you were to prohibit these,you know,he'd have to start putting in a window and start-- you know,do certain things that takes it away from this definition. CHAIRMAN STRAIN: Well,you could put a kitchen,plumbing, stacks,roof COMMISSIONER SCHIFFER: But where does it say he has to alter the thing? I mean--if I showed up and I said it's a storage building and it's in a single-family lot,and I design a nice footing for it,a nice little landing on the outside so the guy can wheel his equipment in,and we-- MR.CASALANGUIDA: We would get into an argument about the zoning codes,and we'd probably have the zoning director meet with the county attorney and say,you're trying to circumvent the zoning code with your definition of a structure where these things are considered portable storage containers, and you're using a structural permit to try and bypass that. We'd have to work that out. Point being is, Brad,you brought this up. If someone really wants to do this,they can probably get to the point of doing it by--and the two options that we're going to present with the community is,one not to allow them and one to allow them with standards. By defining it as clearly as Caroline's done, it just makes it really hard to get--to pass that test. But you're right, if someone really wants to do it,they can get a good argument with the building official and probably win. COMMISSIONER SCHIFFER: And,obviously,you know, in the architecture magazines there's, you know, Starbucks that are made out of piles of these things and all kinds of stuff,and that happens.And I understand that as being taken as the one time. I'm just afraid that,you know,people can abuse that and,essentially,provide--put storage containers in all zoning districts,and I don't think that's fair. But we can move on. One thing,the--and it would be in C where we got into the--your break line. And I remember--I think Mark made the suggestion that he didn't want the container to be outside the side plane. And I think you've drawn front planes and call them side planes. CHAIRMAN STRAIN: Correct. MS.CILEK: Okay. I honestly tried my best to interpret what the discussion was. But if there is a tweak to the sentence,please fill me in. CHAIRMAN STRAIN: Well,it's just--I've already written it up. You can just--you draw the-- you run the line the length,they go back behind the building so that-- MS. CILEK: Not the front,the side. CHAIRMAN STRAIN: --the purpose is if they're going to be allowed,they've got to go behind the building. And you can't see them from either side if you're standing on the side. They have to be directly Page 28 of 36 1 6 � 4eteml4r 6,2012 A behind the side plane of the building. MS.CILEK: So the rear of the building? MR.BELLOWS: Yeah. COMMISSIONER SCHIFFER: Well-- CHAIRMAN STRAIN: Go ahead,Brad. COMMISSIONER SCHIFFER: Yeah. You're almost there,just that you drew the side plane across the front of the building. If you would draw those lines down the side of the building,hence the side plane-- MS.CILEK: Oh,okay,so it creates more of a box. COMMISSIONER SCHIFFER: --then you would get the intent of what Mark--and I think that's a good regulation. MS.CILEK: Well,we will modify our diagram. COMMISSIONER SCHIFFER: Yeah. It's--actually,the wording's correct,the diagrams. MS.CILEK: I'll work on that. COMMISSIONER EBERT: You need an architect to draw it out. COMMISSIONER SCHIFFER: Staff interpretation of the wording is the problem. MS.CILEK: Okay,cool. COMMISSIONER SCHIFFER: Let me see. Okay.Let's go down to 8F, Page, 8 bottom,f.e. There's an exception that--if the container's not visible from the property line. The concern is how would somebody come in for a building permit and you know that it's not visible? How would they prove that to the review process? MS.CILEK: I think that burden would be placed on them to say that their lot is so big,or they can illustrate that the shrubs or trees that are existing-- COMMISSIONER SCHIFFER: And the density is such that-- MS.CILEK: Sure. COMMISSIONER SCHIFFER: Okay. So the photograph or something you can--they can prove that-- MS.CILEK: They would need to prove it. COMMISSIONER SCHIFFER: Okay. Second and last thing is--maybe the last thing. Yeah,no, not quite. Two at the bottom of the page there. The last sentence that's not yellow that follows, I just want to make sure that it's clear that it's the containers that are 200 feet. So the way it's worded,containers in zoning districts that are located more than 200 feet could be interpreted that the district is located, so could you change that to just be"in zoning districts,containers that are located more than 200 feet"? MS.CILEK: Okay. COMMISSIONER SCHIFFER: Just to--so that the noun/verb works best,and there's no confusion that it's the container that's the distance. And then on 10I, I still would--think that would be better worded"industrial structures that are 400 feet or less,"rather than"less than 400 feet,"because you have it"less than," "more than." So some poor guy with a 400 feet one is in limbo. MS.CILEK: Can you repeat the phrase again for me? COMMISSIONER SCHIFFER: Just put"400 feet or less" instead of"less than 400 feet." It's just the bullying logic is such you would create a no-man's zone. MS.CILEK: Okay. COMMISSIONER SCHIFFER: That's it. Thank you. CHAIRMAN STRAIN: Okay. Anybody else? And Brad got the issue I was--the side plane issue; that was the one I was wanting to correct. Are there members of the public that would like to speak? Because,remember,this is going back to you right after today. So come on up,one--do we have registered speakers or-- MS.CILEK: We do. May I introduce our alternative amendment as well? CHAIRMAN STRAIN: Oh, sure,we just--go right ahead. MS.CILEK: Okay, great. So I passed out a--just a front-and-back sheet that identifies the Page 29 of 36 1612 September 6,2012 alternative to this amendment. Now,this has not been vetted through the County Attorney's Office yet. We discussed this. Ifs become more of a policy decision,so we'll continue to work with them to make sure that all of this language is valid and would be legally sufficient. But it's pretty straightforward and follows the staff clarifications that are currently providing the regulations. And it just walks through very simply that portable storage containers are prohibited in all zoning districts except for five situations: Bonified agricultural use;they can be used as permanent accessory structures in industrial and commercial zoning districts pursuant to Section 4.02.12,which is the outdoor storage criterion in the code;they are allowed at a construction site pursuant to 5.04.03,which requires that there's a building permit for the site;that they're allowed as part of a special event for temporary use;and also for moving in residential districts,and that is a time of 30 days,and there can be exceptions for extenuating circumstances. We kept C,which would be the size. There are lots of different sizes for containers,but this is one of the larger,the 320 square feet,and that's sufficient for that--for the purposes. CHAIRMAN STRAIN: Okay. MS.CILEK: Any questions on the pretty-- CHAIRMAN STRAIN: Well,that's basically the status-quo position. MS.CILEK: It is, it is. MR.BELLOWS: Correct. CHAIRMAN STRAIN: Okay. Thank you. Now,do we have any registered public speakers first? MS.CILEK: Brad. COMMISSIONER SCHIFFER: Let me just ask the question. CHAIRMAN STRAIN: Oh,I'm sorry, Brad. COMMISSIONER SCHIFFER: You know,No.AS is a good thing. Do you think you should also pull that into the other one? MS. CILEK: In what--if it's permanent-- COMMISSIONER SCHIFFER: In limitations and use or someplace,because that is good. That does allow people in residential zoning to have-- MS. CILEK: You mean in regards to allowing them in residential for temporary? COMMISSIONER SCHIFFER: Yeah,maybe that could be B5 or something. MS.CILEK: And the code's a little silent on that outside of the staff clarification. So currently you could still use those for moving,I'm sure. This just codifies it,makes it really clear. COMMISSIONER SCHIFFER: Okay. So you don't think it's a good idea to maybe make it E5 of the other one? MS.CILEK: Well, if you put B4--look at B4,the second part of the sentence is that they may be allowed as a temporary structure. So we're saying that you can use them for temporary reasons, like moving. COMMISSIONER SCHIFFER: Oh,I thought you had to tie that to a construction permit. MS.CILEK: Well,there's more types than that. But for moving purposes,I mean,we can add the exception. I don't know if it's necessary. COMMISSIONER SCHIFFER: I'll check it to see,but that's fine. If you say it's covered in the-- 5.04,that's fine. MS.CILEK: Okay. COMMISSIONER SCHIFFER: Point 3. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Ray,do we have any public speakers,registered public speakers,then we'll go into nonregistered public speakers. Do you just want to call them out? MS.CILEK: Yes,Mr.Gaddy. MR.GADDY: Good morning. Peter Gaddy on behalf of the Golden Gate Estates Area Civic Association. First of all,on the ordinance itself,there was a question raised about cyclone fences. There was also Page 30 of 36 1. 6 I 2 September 6,2012 a question raised about the height of the fences. The containers are 8 feet high. The fencing requirement that's in here is only 6 feet high. That really doesn't,you know-- CHAIRMAN STRAIN: I just think if you guys don't think it's the-- if yo decide that they should-- the alternative is the way to go,when you come back to us with recommendationstor language changes, include that in your recommendation. I think that would be the best way to handle anything that you want to do from here forward;otherwise,this thing's going to be delayed,and we'll never get it to you,so-- MR.GADDY: Okay. The one remaining concern I have is if--if this ordinance is approved or if it's not approved,the alternative is accepted,what are--what is the legal status of existing permitted storage containers? For years now the county has been issuing these permits. Will this thing show up here?Yeah. This is a sample of a permit that has been issued. They're issued as tied-down storage container,no electric. It says "container for shed." So apparently for years the building department has been treating these storage containers similar to sheds. One of the problems, I understand,from talking to some of the staff members is we don't know how many permits have been issued. If these container--my question is is if these containers should be prohibited,what will their status be and will they have to be removed? CHAIRMAN STRAIN: Well,I think that's a legal response,and it might be on a case-by-case basis. But I would hope that by the time this is sent to you,maybe that could be sent to you as a response to your question in the package and how they would be handled if they are already there. But it's up to you,Jeff. MR.KLATZKOW: No. It shouldn't be on an individual basis. What it should be is a policy decision by the board. You could make them illegal if you want. I would suggest then some period of time, whether it's five years or seven years,that people would have to dispose of them,and then they would go away. MR.GADDY: Okay. CHAIRMAN STRAIN: We've done that before in other zoning matters. We've given a period of time for some signage that was inappropriate and even a district where we were changing the zoning from multi--from duplexes to commercial. So maybe that is an alternative that can be looked at,Peter. MR. GADDY: Okay. One other issue that's likely to come up is if the ordinance were to be approved as currently written,there's some containers out there that are larger than 400 square feet,and that raises another issue. MR.KLATZKOW: The same response. I mean,as part of their community's review,that issue can come back with a recommendation,again,that there be a period of time where people could keep them,but after that they'd have to get rid of them. I don't know what the useful life for one of these pod storage areas is,but that's generally what they're looked at. CHAIRMAN STRAIN: I think they're centuries. MR.KLATZKOW: Well,that's-- CHAIRMAN STRAIN: I think,Peter,what it says is the door is really open to the various civic groups that are going to get this request. We're looking for your input. It can be anything,and I think that's where you need to start from, and we'll work down from there. And at the next meeting, if you-all come together in some general consensus,it will sure help us make a recommendation to the Board of County Commissioners. If you don't,then we'll just have a bunch of different ideas. MR.GADDY: Okay. And I guess the same would go for containers on nonconforming lots,on Band-Aid lots. Okay. Answer's my questions. Thank you. CHAIRMAN STRAIN: Thank you,Peter. Are there any other registered speakers,Caroline? MS.CILEK: Yes,Ms. Kim Ellis. MS.ELLIS: Thank you. And I,too,appreciate everything that you guys are doing,especially giving us the time to bring this to our respective associations. Page 31 of 36 ' N -) } �t September 6,2012 But before we get there--I didn't see the alternative. I'm going to look--no, I've got it now. I was handed it today when I came in. But I think you have my email address,don't you?Because I'm getting everything from Peter and Mark as it is. MS.CILEK: Yeah,and this was introduced today. MS.ELLIS: Okay. CHAIRMAN STRAIN: That's Mark Teaters,by the way,not Mark Strain. MS.ELLIS: Right. Mark Teaters is forwarding everything to me,and I thought I gave you my email address last time I was here. MS.CILEK: Most certainly,yep. MS.ELLIS: Okay. I just want to say again that from what I can find out none of these containers were ever permitted legally or correctly. They were mistakenly permitted is--from what I can find out. Okay. It shows--from what I can see,from what I've been able to find out,they were never allowed. It seems logical to me that if we allow them in any way, shape,or form, it's just going to open a huge can of worms,maybe create some jobs for code enforcement because you're going to have to hire more code enforcement officers, in my opinion. The one permit that I was able to see was a tie-down permit,and it was issued temporary. It was a temporary permit. I haven't been able to find any other permits or get access to any other permits. I don't know what kind of system you have where you have a whole bunch of different kinds of permits for different purposes grouped together and you can't go through them to pick out permits that were specifically for this type of a container,but it seems that we should be able to see a couple--at least a couple and see how they were permitted.The one that we've been able to see,again,was a tie-down permit,and it was a temporary permit. Now we're--in this new amendment it says that they will be issued as a structural permit.That's, like,a huge difference to me because of the reasons that Mr. Schiffer-- COMMISSIONER SCHIFFER: Yes. MS.ELLIS: --spoke of. If you give somebody a structural permit on one of these,they're going to start cutting out windows and putting in A/C and everything else and,you know,eventually meet at the zoning code. I don't know how many of you have driven down Everglades Boulevard,but if you've seen that dome house;nobody's ever going to buy it and live in it again. It's been vacant for years,and it's an eyesore. Again,my perspective on this is I live in Golden Gate Estates. We are trying to better our community every day,and this is just going to trash the neighborhood. I know you don't want to hear it again and that we have time to bring it to our community, and I'm going to do that,but--so I just wanted to make a couple of important points,and I'll stick to that. I can't see where they've ever been allowed. I don't think they should be allowed. I think now allowing them is just going to open up a whole can big can of worms. They were mistakenly permitted,and let's not just,you know,make good of the mistake by allowing everybody to have what we've already mistakenly given some. Okay. Don't allow it. You know-- I'll skip all this because I'll take it to the Golden Gate--homeowners'association of Golden Gate Estates. Again,the screening that Peter brought up in the amendment. It only allows for 6 feet,that the storage units are. And you keep mentioning them as storage containers when actually they're shipping containers. And when people ship products in them,they're stored on a dock for a very short period of time, and then they're emptied. So I think we should refer to them as what they are,and they're a shipping container. That's what they're specifically used for. They're not used to store things in,which is what we want to use them for,and we want people to be able to hold onto these shipping containers for an extended period of time that just doesn't make sense. They have a useful life,and when the people can get ahold of them is once that useful life has expired. So it doesn't make sense to allow them as a permanent structure when they've already--you know, their natural life for what they were designed for has already expired. That's just not a good idea. CHAIRMAN STRAIN: I think by defining them for the use that we're having problems with is the Page 32 of 36 A 1612 September 6,2012 right approach,because if we define them as shipping containers and no one's using them for shipping,then we wouldn't have any way of going after them. So by defining them for the use that they're being used-- MS. ELLIS: Okay. CHAIRMAN STRAIN: --today in Golden Gate Estates, it makes them available for a regulation. MS.ELLIS: Okay. And,again, I did get to look at this alternative briefly,as I was only given it today just a few minutes ago,and my concern is portable storage containers shall be prohibited in all zoning districts except as follows,and then you mentioned the industrial and commercial where,really,this type of thing belongs,and you don't have the Estates zoning in there except for the first number one,containers shall be allowed in conjunction with a bonified agricultural use provided they meet all required setbacks. Does that mean they would be allowed in estates zoning? MS.CILEK: If you look at A,the very first sentence in the whole section,portable storage containers shall be prohibited in all zoning districts except for as provided below. So that all--zoning districts includes the Estates. MS.ELLIS: Right. MS.CILEK: If the Estates--if a parcel in the Estates did have a bonified agricultural use that they, you know,had one from the-- MS.ELLIS: The bonified agricultural use,I mean--so is lawn mowing a bonified agricultural use? MS.CILEK: No. It is tax exemption certificate. MS.ELLIS: Okay. So they have to have-- MS.CILEK: They have to go through a process. MS.ELLIS: --that tax exempt certificate and have their property being used for agricultural use. Okay,okay. So I'll look at the alternative and take that back to my association and see what they have to say about it. But I'm still to the mindset that this was never allowed,and it doesn't do anything to beautify,benefit,or help our community in any way. It just drags it down and makes it--it's a derogatory impact. It's a negative impact on our community. We're trying to make the--I mean,the Estates is already the stepchild of Collier County. I've lived there for 27 years,and we--it's the truth,okay. I've spoken to people here that are like,oh,well,it was out in the Estates and,you know,I didn't consider that. Well,we're--we live there because it's a wholesome place to raise kids,and there are a lot of fun things you can do out there that you can't do in the city,but that doesn't mean that we don't want to be respected by our neighbors or anybody that thinks they can get away with anything that they shouldn't be able to get away with. Sorry for taking so much of your time. CHAIRMAN STRAIN: That's quite all right. We're here to listen. Do we have any other speakers registered? MS.CILEK: Yes,we do. We have one more.Ms.Krista-- MS.GOEDE: Goede. MS.CILEK: --Goede. CHAIRMAN STRAIN: Thank you. MS.GOEDE: Hello,thank you. My name is Krista Goede,and I live off of Bur Oaks Lane,which is off of Oaks Boulevard,which is--we currently call ourselves the Oaks Estates,but we are part of the Golden Gate Estates. And I lived in communities and associations for 10 years while I've lived in Naples,and we just built this home off of the Estates three years ago. And we, like a lot of people, lived in communities and didn't want to have all of those rules. And there's--I see the benefit of living in the Estates and being able to do things that we can't do in the communities or in the city,but I think that this is taking it too far. This is definitely not something that I would want in my neighborhood. It's not something that I would want to have to look at. I,personally, live in a two-story home. And if the guy next to me puts one of these in,I'm going to look out my window and I'm going to look at it. It doesn't matter how tall his fence is. This is not something that is appropriate for residential zoning,and that is my opinion. Page 33 of 36 16 :2'012 Septe ber I understand the conditional uses for commercial/industrial. That is where this type of thing belongs. This is just--it should continue as it is as prohibited in the Estates. These,as Kim said,have basically outlived their usefulness. By the time they've gotten to the point where they're going to be sold as a storage container,they're going to be rusty,they're going to be ugly. They're not something that should be in the Estates or any of these residential areas. That's what companies that build sheds that are eye appealing and meet certain codes are for. That's why these companies exist. And I've looked over the amendment to the--to continuing as it is for prohibiting them,and I agree with prohibiting them wholeheartedly. I notice that there are some exemptions. I would just,on a couple of these--and I know that we can bring this back when this is presented to us. But some of these I do worry because there are not timelines attached to them like how long they can be allowed at a construction site. I've seen construction sites in Collier County go on for years and years and years. So I think that there should be timelines attached to some of these where it at least needs to be hauled off if there's a pause,or they don't need to be brought in until,you know,there's actually a structure going up or things of value being kept on the lot. I just worry about some of these things being abused if there are not timelines put on them. And that's it. CHAIRMAN STRAIN: Okay. MS.GOEDE: Thank you. CHAIRMAN STRAIN: Thank you. We'll look forward to your input from the organizations. Anybody else? COMMISSIONER SCHIFFER: I have a further question-- CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: --of Caroline,and it kind of reminded me,is that these steel things --and even in our definition you say"some wood." So I don't think the intent of that is the guy that takes a wood shipping crate and makes it into one,correct? MS.CILEK: It's wood floor. COMMISSIONER SCI-IIFFER: Okay. Well,and that's the question is,has anybody studied what these floors are? Because most of these have wood floors,and what kind of chemical treatment would you put on the wood floor of something that's going to travel the world through--I mean,God knows what kind of chemicals are preserving that wood. Do you think that's something we could find out or-- MS.CILEK: Actually,I've spoken to Mr. Gaddy about this issue, so I'll let him-- CHAIRMAN STRAIN: Just out of curiosity,do we restrict the use of any particular kinds of wood on any residential site in Collier County? MS.CILEK: Not--I don't know. CHAIRMAN STRAIN: So whether it's in a storage container, in a garage, in a house, in a floor or a patio or a deck,whatever wood's sellable they can use in Collier County. MS.CILEK: I don't have-- COMMISSIONER SCHIFFER: Except for preservatives. There's limitations on that. CHAIRMAN STRAIN: Well, I mean, I can go into Home Depot and buy the highest CCA treated wood I want to possibly buy and stick it in my house if I want to,or on a back deck or something. So I don't know of any codes against wood. But I understand the concern. I just wonder how you stop it if there's no provision that says you can't have this kind of wood. That's where the issue comes in. COMMISSIONER SCHIFFER: Well,there is standards in building codes of woods that you can't-- I mean,preservatives you cannot use. So,Peter,are these safe? MR.GADDY: It's kind of hard to get Creosote nowadays. But they come untreated. COMMISSIONER SCHIFFER: Perfectly untreated? MR.GADDY: Perfectly untreated. They're oak;they're untreated. Now,there are companies that do refurbish these containers. When they purchase used containers, they sand blast them, and they put a coat of primer paint on them,and they also treat the wooden floor. What they treat it with,I have no idea,but it's supposed to be a preservative. Page 34 of 36 September 6 2012 1 161 Se p , COMMISSIONER SCHIFFER: Okay. MR. GADDY: So there are preservatives that are put on there that-- COMMISSIONER SCHIFFER: Well,I'm not worried about after the fact. But if you're saying containers sitting on the docks of Madagascar is pure oak, I'm not--don't find that believable. But if that's the reality,that's the reality. MR.GADDY: That's what I've been told. CHAIRMAN STRAIN: Okay. Is there anything else on this particular topic? (No response.) CHAIRMAN STRAIN: Okay. Hearing nothing,that take us to the end of our old business,and there's no new business listed. Go ahead. MS.CILEK: Can we continue the conversation for the Immokalee LDC amendment? CHAIRMAN STRAIN: Can we continue them? Well,I'm assuming anything that you've still got left to write is going to be continued. But you want us to specific--okay. When we get to the--well,when we get to the adjournment,we'll adjourn with the exception that we'll be continuing the Immokalee mobile home amendment? So with that,I don't think there's anything else on our agenda. Is there a motion to adjourn subject to the continuation of the Immokalee mobile home amendment. COMMISSIONER KLEIN: (Raises hand.) COMMISSIONER AHERN: So moved. CHAIRMAN STRAIN: I think Barry had his hand up first,so we'll do Barry, seconded by Melissa. All in favor,signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Opposed? (No response.) CHAIRMAN STRAIN: We're out of here. Thank you-all. MS. CILEK: Do we need a specific date for the continuation? CHAIRMAN STRAIN: The longer the better. MS.CILEK: I mean,legally, I think we need a date,because I don't want to readvertise. So can we CHAIRMAN STRAIN: Well,we just adjourned the meeting,but go ahead. Now,do we need to take the Immokalee mobile home-- MR.KLATZKOW: Well,don't you readvertise this along with a bunch of other stuff? MS.CILEK: No,we continue the LDC amendment-- MR.KLATZKOW: This is the last LDC amendment you're doing? MS. CILEK: Yep,the Immokalee one. MR.KLATZKOW: Do you know what date you're bringing it back? MS.CILEK: I would suggest the first meeting in October,which is the-- CHAIRMAN STRAIN: Fourth. MS.CILEK: That is-- CHAIRMAN STRAIN: You want to continue the Immokalee mobile home issue to the 4th of October? MS.CILEK: Yes. CHAIRMAN STRAIN: Okay. Let's re-open the--re--unadjourn the Planning Commission meeting.There is a motion to adjourn with the exception that we will continue the Immokalee mobile home amendment until the--no later than the October 4th Planning Commission meeting. Page 35 of 36 161 Z September 6,2012 MR.KLATZKOW: Well,no,you need a date certain. CHAIRMAN STRAIN: Okay. The October 4th Planning Commission meeting. MS.CILEK: That would be nice. CHAIRMAN STRAIN: Barry,do you accept that? COMMISSIONER KLEIN: (Nods head.) CHAIRMAN STRAIN: Okay. Melissa? COMMISSIONER AHERN: Second. CHAIRMAN STRAIN: Okay. All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Okay. We now are again adjourned. MS.CILEK: Thank you. ******* There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 11:12 a.m. COLLIER COUNTY PLANNING COMMISSION NIAL , STRAIN,€ AIRMAN ATTEST DWIGHT E.BROCK,CLERK These minutes approved by the Board on /0)-a t l ixbi 7 ,as presented 7 or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 36 of 36 1612 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 20, 2012 A4Septem(er 2 0, 2012 i BY: ....................... 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 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Mark P. Strain Brad Schiffer Melissa Ahern Karen Homiak Diane Ebert Phillip Brougham ABSENT: William Vonier Paul Midney Barry Klein Raymond V. Bellows, Zoning Manager Heidi Ashton - Cicko, County Attorney's Office Fiala Hiller Henning Cot Colelette Page 1 of 28 Misc. Corres: Date: \$1 Item 2 s,=i y Nk 6 ItZ4er20,2012 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the Thursday, September 20th meeting of the Collier County Planning Commission. If you'll all please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. Will the secretary please do the roll call. COMMISSIONER HOMIAK: Mr. Eastman is absent. Mr. Vonier is absent. Brad? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER HOMIAK: Mr. Schiffer. CHAIRMAN STRAIN: That's okay. We know him as Brad. COMMISSIONER HOMIAK: Mr. Midney is absent. Ms. Ahern? COMMISSIONER AHERN: Here. COMMISSIONER HOMIAK: Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER HOMIAK: Ms. Homiak is here. Ms. Ebert? COMMISSIONER EBERT: Here. Mr. Klein is absent. And Mr. Brougham? COMMISSIONER BROUGHAM: Present. CHAIRMAN STRAIN: Okay. The first item up is the addenda to the agenda. And as all of you should have seen in some of the emails, the first item up is a master plan change to the Golden Gate Area Master Plan. After some discussion with the Golden Gate City civic association, it was discovered they had not seen a final draft, and so they had requested that this be postponed until they could. I had asked the agent if -- agent's rep, Mr. Yovanovich, if they would mind, and he agreed at our -- at my request, which I would hope would reflect what the Planning Commission would approve, this would not come back to us till November 1, 2012, so our November 1 st meeting is when we'd hear the Number 9A, which is PL- 20110000769/CPSS2012 -2. If that is satisfactory to this board, would someone make a motion to continue that to November 1 st? COMMISSIONER SCHIFFER: So moved. COMMISSIONER HOMIAK: Second. COMMISSIONER BROUGHAM: Second. CHAIRMAN STRAIN: Made by Mr. Schiffer, seconded by Mr. Brougham. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN. STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: The motion carries 6 -0, and that is at the request of the Planning Commission. The other item that is noticeably absent from our calendar -- and it's the first mistake Caroline's made. She's not on today's agenda. Page 2 of 28 to�c A4 I September 20, 2012 What happened, Ray? We're used to seeing her with something every day now for weeks on end. So kind of a -- we're not -- we're not done. We still had things to come back, right? MR. BELLOWS: Yeah. I believe she's got something scheduled. I don't know if it's the next meeting or not, but I think she's preparing for a board hearing, to take some of the items to the board. CHAIRMAN STRAIN: Okay. Well, that's fine. I just noticed she also has had something on an agenda, so -- the next item is Planning Commission absences, and we have a meeting on next Friday. Does anybody know if they're not going to be able to make that next meeting? (No response.) CHAIRMAN STRAIN: Okay. Because that is the Annual Update and Inventory Report; the acronym is AUIR. We review it once every year, and next Friday's our day, so you -all should have received a three -ring binder with all the information in it. Yes, sir. COMMISSIONER BROUGHAM: I note that -- somewhere I read that there's a potential continuance reserved as well on Monday, if necessary? CHAIRMAN STRAIN: Yeah, if necessary. In the years past, we've done a joint review with the Productivity Committee when we are at a more expansive time in our county, and the AUIR review got really involved. I don't expect that to happen, so we should be able to finish up Friday and hopefully not need that extra day. Then the next regular meeting, I think, is October 4th, first Thursday in October. Does anybody know if they're not going to make it to that meeting? (No response.) CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: If I'm not reappointed, I won't be here. CHAIRMAN STRAIN: Well, we hope you do get reappointed, because we certainly use your expertise a lot on this board. So hopefully that will work for you, Brad. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Okay. Approval of minutes. The August 16th packet was sent to us electronically. Does anybody have any corrections to those minutes? (No response.) CHAIRMAN STRAIN: If not, is there a motion to approve? COMMISSIONER BROUGHAM: Motion to approve the minutes as drafted. COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Made by Mr. Brougham, seconded by Ms. Homiak. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: The motion carries 6 -0. Ray, do we have any recaps? MR. BELLOWS: Yes. I'm just -- almost got it pulled up on the screen. The board approved conditional use for Ichthyo Park on their summary agenda. CHAIRMAN STRAIN: Okay. That's it. Chairman's report; nothing new. We're just going to march through today's meeting and continue on. Page 3 of 28 16 1 N4 2 September 20, 2012 Consent agenda items. There are none. * * *So we'll move into our only advertised public hearing that remains. That would be 9B. That is PUDZ- A- PL20120000303. It's a revision to the -- or amendment to the Mirasol RPUD. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Any disclosures from the Planning Commission? COMMISSIONER HOMIAK: I spoke to Mr. Yovanovich. CHAIRMAN STRAIN: Okay. COMMISSIONER BROUGHAM: As did I. CHAIRMAN STRAIN: And so did I. COMMISSIONER EBERT: I just spoke with staff and with Nicole. CHAIRMAN STRAIN: And I also talked to Nicole, too, so that's it. And now we'll hear the light version of Mr. Yovanovich. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich on behalf of the petitioner in this matter. With me today is Tony Scuteri (phonetic) from Taylor Morrison, Don Malarcik, and Dennis Gilkey. They are the group that is under contract to purchase the property. Ron Waldrop with Waldrop Engineering can answer any engineering related questions. Alexis Crespo with Waldrop Engineering can answer any planning related questions that I can't answer. Tim Hall is here with -- from Turrell Hall, who can answer any environmental permitting related questions. And, finally, we have Jim Banks with GMB, transportation engineering, who can answer any transportation questions that I can't answer. Today's petition is a request to amend the Mirasol PUD. I have put on the visualizer an outline of the Mirasol PUD. The location is on Immokalee Road just to the west of 951. We -- Broken Back Road is actually the road to the east of our property that someday may become 951, if it's ever extended to the north. As I mentioned briefly, there's a new developer that includes Taylor Morrison, Dennis Gilkey, and Don Malarcik, Dennis Gilkey for the property. We're making some what I think are relatively minor changes to the PUD that I will take you through, and then we'll be available to answer any questions. Are we comfortable? We're good? Okay. MR. BELLOWS: Just want to put it north. MR. YOVANOVICH: Anyway, the aerial that is up there for you now in yellow is the existing PUD boundaries. And in -- I think that's orange -- is what are the proposed PUD boundaries. We're essentially adding 90 acres to the PUD, 80 of which are in the urban area and 10 of which are in the rural mixed -use district. All -- basically, that is why we're increasing the density from the currently approved 799 units for the project to 1,121 units. It's -- the additional acreage that we're adding results in those 322 units. If we wanted to maximize the eligible density under the Comprehensive Plan, we could ask for 1,946 units. Staff says I could ask for 1,947 units, so I must have rounded down, which is not like me, but I'll -- we could ask for much more than we're actually asking for. The project size increases from 1,543 acres to 1,638 acres, but the actual project footprint is reduced. What we're doing is we're adding these acres, which will basically be preserve acreage, and we're also eliminating one of the golf courses and adding the golf course acreage to, basically, preserve in a non - developable area. So the project shrinks from 809 acres to 709 acres. So there's a decrease in impact as a result of what we're doing, and that results from discussions that we had with various environmental groups. It's referenced in your staff report; that kind of resulted from permitting, core permitting, and Water Management District permitting. So it was an agreement reached, and we're going forward to implement that agreement by amending the PUD and, ultimately, the permits. Page 4 of 28 16('2A 4eptembelr 20 2012 So I will put up the new master plan for you to review. Let's see if I get the direction right. And if you need me to, I could put the old one up for you to be able to see side by side. But if you basically look on the western boundary, you'll see a lot more preserve than was previously on this project and you will see a long -- what we refer to as a long narrow lake that will actually take water from the northern portion of the project into the canal along Immokalee Road. And we previously had a chain of lakes to do that, but we're going through this meandering flowway, if you will. From a development standards standpoint, Kay did a very thorough job of explaining the differences. Essentially, the uses that were previously approved are staying in the PUD. With the development standards table, the only real change -- and I'll go through some subsequent changes that resulted from discussions that I had with some of you. But the only real change that we had originally asked for was a setback related to the single - family type uses. We wanted to be able to go down to a 5 -foot setback for the lots that are less than 70 feet in width. And this has been something that's been approved in, I believe it was, Tuscany Reserve and a few other PUDs that have come through recently where we've reduced the side setback to 5 feet for the smaller lots within a project. And it fits product type that's out there and the market likes, and it also helps us further implement the agreements we made to reduce the building or -- yeah, the footprint for the development. We've asked for some, I will call them, standard or routine deviations to be added to the PUD. All of those deviations have received staff support. We are -- one of the deviations they asked us on the models, to reduce the request for model units from 60 to 40. We're agreeable to reducing that from 60 to 40 and provide for the accounting that staff has requested. There's some confusion. If you will go with me to the ordinance and the PUD document attached to it, on Page 1 of Exhibit A, under Paragraph B, accessory uses and structures, Item No. 4 refers to clubhouse or recreation centers for residents and guests, and we also have an Item 8 that refers to the golf course complex. Those are very different uses, and there was confusion by using that word "clubhouse" in Item No. 4 that perhaps we would be allowed to use the development standards table. In Table 1 we'd be able to use the column called "clubhouse and recreation buildings." So we think the way to fix this is to eliminate Item No. 4, because Item No. 3 directly above that is common area recreation facilities, and that's really what was intended. We will have the golf course complex which will be the major amenity for the community. There will be neighborhoods throughout this project; condominium projects, subdivisions. They may also have a smaller recreational common area facility to serve just those smaller neighborhoods. Those would be governed by the accessory-use standards under those individual types of uses. So if it's in a single- family detached community, those smaller common -area facilities would have to meet the accessory- structure standards that are in the table, not the clubhouse recreation building standards. That would only apply to the golf course complex that's identified on the master plan. So we would propose eliminating Item No. 4 under the accessory-use structures to hopefully address that confusion that I think staff had, and I know that some of you -- some of the people I spoke to from the Planning Commission had regarding, what do you mean by these satellite clubhouses. Can they be 75 feet tall was the question that was generally posed to me. And my response was, no, it can't be, so we need to find a way to make that clear. I mentioned we're fine with the 40 models. There's -- and since we're in the development standard section, let's go to the development standards table on Page 4 of 19 of the PUD that's in your staff report. Under the multifamily dwelling uses, there's a sideyard setback of 10 feet. And I was asked, well, you know, you can go to an actual height of 65 feet. Do you really plan to put a 65- foot -tall building right, you know, within 10 feet of the boundary line? And the individual I spoke to said that just seems a little extreme. So we would propose changing the side setback to be one -half the building height. I think that's been a generally accepted standard for sideyard setbacks for multifamily dwellings. Likewise, that would apply under the accessory use portion of the -- I believe that would apply for the accessory uses as well. Continuing on through the PUD document, if you go to Page 10 of 19, those are the notes on the master plan. Page 5 of 28 16 V N4 '14 September 20, 2012 And we need to make a couple of clarifications. As you can see on the master plan, we've identified where the golf complex will be. It's in this area right here. The question that was posed to me was, can you relocate that golf course complex anywhere within the project without having to come back through the process? And I think we had the same concern on a recently approved project. It may have been Naples Reserve or Hacienda Lakes. I don't remember which one it was recently. But we added a note or a limitation on that it can be located -- relocated consistent with the requirements of the Land Development Code. So we were not intending to ask for any deviation from those standards. So if we could add a note similar to what we've done on a recently adopted project, we would be -- if we did move it, it would be subject to the standards in the Land Development Code as to whether or not we would need to come back to this board or the Board of County Commissioners or whether it would be determined at the staff level. Also, on that, under the special notes where it refers to -- if after exotic removal, the preserve vegetation fails to meet minimum code buffer standards, additional planting materials may be required, we've been changing that word from "may" to "shall," and we'll need to make that change as well on this document. Going -- continuing on through the PUD, when you get to Page 14 of 19, Deviation No. 8, that's where there's the reference to 60 model homes. We would need to change that reference to 40 model homes. Moving on to Page 16 of 19. Under development commitment transportation B 1, we had previously had approved a predetermined amount of $45,000 per acre. There's some question as to whether or not there's a requirement that you have an appraisal before you predetermine a price. We have agreed to revise that language to basically provide that we will convey that property to the county at an agreed -upon appraisal amount. And then I have one other transportation commitment that I'll deal with at the end, because it's going to -- it's kind of hot off the presses. It was raised within the last couple of days, and we've reached an agreement on some language with transportation. But I want to address something that's a little less complex before we get to that. There's been a question regarding timing of, basically, the project amenities. And in this particular project, the project amenity is going to be a golf course and a pro shop and locker room serving the golf course. That will be the amenity that, basically, the community will be provided, and then individual subdivisions will get what the individual subdivisions would get. The intent is, and the commitment is, is to provide the golf course and a temporary club -- temporary locker room and pro shop complex by the 100th CO, and then the permanent pro shop and locker room facility by the 500th CO. I got that right, Tony, right? Okay. COMMISSIONER EBERT: Can you say that again, please, Rich? MR. YOVANOVICH: Okay. We would do golf course and the temporary locker room and pro shop by the 100th CO and then the permanent locker room and pro shop CO by the 500th CO. COMMISSIONER BROUGHAM: When you say 5 -, Rich, is that completed? MR. YOVANOVICH: Yeah. Yes, CO. You mean -- yeah, the complex. Yes, the building will be completed by the 500th CO of our project, yes. COMMISSIONER BROUGHAM: Okay, I understand. MR. YOVANOVICH: Okay. I think those are the relatively easy ones. Now, I'm going to hand out, and I know -- I don't think Heidi's had a chance to see this at all. But I'll explain the concept, and hopefully the words are consistent with the concept. And I recognize there may need to be some wordsmithing between now and the consent hearing on this. But the concept is this: As you can see on -- well, on the master plan, we have an entrance on our eastern portion of the project that will, basically, connect to Broken Back Road and, eventually, 951 if it's extended. Broken Back Road ends -- will end at a certain point, and we will extend that to our eastern entrance. We would need to do a collector or -- two -lane collector road to meet county road requirements to get to our eastern entrance. That's a site - related improvement. So we have agreed that we will construct that site - related improvement at our expense to our eastern entrance. If the county wants something bigger, if they want an arterial standard or they want something else above and Page 6 of 28 161 A4 4 September 20, 2012 beyond what the LDC says a collector road is, we will build it for the county, and in exchange we'll get road impact fee credits for the upgrades. So that's what this language is intended to say -- it was written by an engineer and I think it does say that. So but that's the intent. I know we spoke to Mr. Jarvi this morning. I know he's comfortable with the language we've proposed. I know you're seeing it for the first time, and Heidi's seeing it for the first time. But that's the concept. And if we need to make some tweaks to it between now and the consent agenda, we'll be happy to work with staff and with Heidi to make sure it implements the intent of what we've written here. With that, I think that is the summary of all the changes we're requesting. We've had many, many, many public hearings on the Mirasol project. So I think most of you may have been actually on the Planning Commission when we went through it the last time. Some of you weren't, but I know some of you were watching it. So if I need to go more detailed, I'm happy to go into any details you need. But with that, that concludes my summary of what we're requesting. CHAIRMAN STRAIN: Okay. Phil? COMMISSIONER BROUGHAM: Just a couple follow -ons, Rich, regarding the clubhouses. During our conversation the other day, you had referenced that at this point your developer is considering this to be developed as an inclusive golf -- what's the word, the phraseology? MR. YOVANOVICH: Bundled golf community. COMMISSIONER BROUGHAM: -- bundled golf community, and you're going to have 1,121 units proposed, and if you figure there's one -and -a -half golfers per unit, potentially, et cetera, et cetera, my concern would center around the size of the temporary clubhouse at 100 and/or at 500. "Temporary" can mean different things to different people. Can you just explain more of what's proposed for that kind of a facility? MR. YOVANOVICH: Well, we're actually going to -- obviously, the -- let me take a step back. Usually, when you're talking about amenities that go to a project, they're really not zoning -level type decisions. Those are marketing decisions that the developer will make and figure out what's best, the timing that's best, and then they'll market that to people who are interested in the project. Recognizing that there is some concern from the Planning Commission as to making sure that the developer follows through on these marketing conditions, the last few projects have agreed to include provisions relating to those types of commitments. The developer will size the temporary facilities as they determine is appropriate to satisfy the pace of building and make sure that -- if he doesn't size them appropriately, people aren't going to buy in the community. So I hesitate to commit what exactly that facility is going to be square - footage -wise, what its going to include, but the concept of you have a developer who really needs to make sure that that facility helps him sell units. COMMISSIONER BROUGHAM: Yeah, exactly, exactly. MR. YOVANOVICH: It will obviously be something that is appropriate to help sell the community. And in this particular case, you know, you have an idea who the developer is, and that developer has done a good job. So I'm not trying to be -- avoid the question. I'm trying to -- COMMISSIONER BROUGHAM: It's not code, and I certainly agree with that. So okay, I understand your answer. What -- jumping completely out of those traces, you're going to put a buffer along Immokalee Road, correct? MR. YOVANOVICH: Yes. COMMISSIONER BROUGHAM: There was some concern expressed by email by a resident across Immokalee Road, I believe, as to, are you going to clear out all those trees and we're going to be sitting there looking at construction activities without any buffering? Can you address that as to when that buffer would go in or -- MR. YOVANOVICH: The answer to that question is that that is the area that we will be clearing as the first phase of our project. And we will -- unfortunately, it's the way it is. It is what it is. COMMISSIONER BROUGHAM: You're going to clear it out to build that? MR. YOVANOVICH: At some point you're going to have to clear it to build that, and that is an area we will be clearing to do the development, and eventually there will be -- the development will be in that area and -- COMMISSIONER BROUGHAM: And, at some point, you're going to put in the buffer? Page 7 of 28 16 1 ZN4 4 September 20, 2012 MR. YOVANOVICH: Correct. COMMISSIONER BROUGHAM: Just one more, and I think I'm done. You and I had talked about the phasing of the project in terms of where you're going to begin construction and how that construction is potentially going to evolve throughout the development. The golf course, as I understand it, is going to be one of the first items to be constructed; is that correct? MR. YOVANOVICH: Yes, it is. The golf course is going to be one of the first items -- areas to be constructed. What -- I put the master plan back up there, because we have -- we basically have a spine road, a main road, and I hope that this will address your concern is that the way the main road will be set up, projects will go off of the main road. So in doing so, if you look, basically, at the end, you're not going to see every truck go by your house because you're going to be an offshoot from the main road. So you will see development occurring, obviously, in your neighborhood as that neighborhood builds out, but you won't be in a situation where if you're at the end of the project, you're going to be bothered by trucks going by your home every day. So the way it's set up is you've got the main road and neighborhoods that come off of it. So any impact that you have from construction - related traffic will be related to your subdivision, your condominium project, but not the entirety of the development. COMMISSIONER BROUGHAM: Okay. I'm done. CHAIRMAN STRAIN: Okay. Anybody else? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Brad. COMMISSIONER SCHIFFER: Rich, just a quick thing. Just running through the PUD, you've taken out the equestrian club, yet we still have equestrian trails in the passive recreation. Where are the horses coming from? In other words, is that for people who live outside the project or -- MR. YOVANOVICH: That should have also come out. COMMISSIONER SCHIFFER: Okay. The multifamily, the setbacks, still a little concerned. Obviously, you changed the sideyard to be one -half the building height. And down at the distance between principal structures, that's still 20 feet. Is that something you will need? MR. YOVANOVICH: We can change that to one -half the sum of the building heights. COMMISSIONER SCHIFFER: Okay. MR. YOVANOVICH: And I, actually, wrote that, and I forgot to point that out. I apologize. COMMISSIONER SCHIFFER: You have to be careful, because in the building code you're getting into areas where -- MR. YOVANOVICH: Right. COMMISSIONER SCHIFFER: -- your fire rating, your access is going to really make the building expensive if you want to do that. MR. YOVANOVICH: I understand. COMMISSIONER SCHIFFER: Just a quick question, but I'll ask Ray, but you can listen. Ray, when you have an accessory building with a zero setback, isn't that essentially part of the principal building? I mean, can you still consider yourself an accessory? MR. BELLOWS: A zero from the property line or track line? COMMISSIONER SCHIFFER: Yeah. One of the things they're doing is they're removing the 10 -feet distance for the accessory buildings. And I'm sure I know what it was. It was -- at one time they wanted out - buildings that could be side by side. But, you know, the distance between accessory structures on the same lot, wouldn't that be -- aren't they attached then if they're at zero, and aren't they -- MR. BELLOWS: Well, if I understand the question correctly, yeah, they -- CHAIRMAN STRAIN: Well, the one below it -- Brad may address that. Distance between accessory and principal structures on the same lot is five -- COMMISSIONER SCHIFFER: Yeah, that's the one I should be looking at. Page 8 of 28 September 20, 2012 CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Anyway, the line above that also, though, Ray, doesn't that really -- I mean, if you have an accessory building connected to the structures, they're part of the structure. I mean, unless there's an advantage I could see calling the use of that an accessory. CHAIRMAN STRAIN: Wouldn't it be like a garage that's attached to the main building, then that's -- is that garage, in the case of a townhouse, accessory or principal? I think that's what -- COMMISSIONER SCHIFFER: It would be part of the principal building. You can always attach it. MR. YOVANOVICH: And that's a standard that carries over. That was previously approved, so we haven't changed that. COMMISSIONER SCHIFFER: But you're not gaining -- in other words, if we wipe the whole line out, you have the exact same abilities in construction. It made sense when you had 10 feet. It doesn't make sense when it's all zeroed. MR. YOVANOVICH: Okay. Well, I think we're fine at putting it back in at zero or 10. COMMISSIONER SCHIFFER: Okay. Well, then it makes sense, or take the whole thing out, and just -- when you attach it to the principal building, it's part of the principal building. MR. BELLOWS: Yes, I agree. COMMISSIONER SCHIFFER: Correct? Okay. CHAIRMAN STRAIN: So wait, how did we decide to handle those two lines, accessory on the same lot and accessory and principal on the same lot? COMMISSIONER SCHIFFER: I'm not sure where you're up to with the product. Do you see what I'm saying, Rich, because if you are going to push the garages up against the house like Mark described, it's part of the principal building; no problem. But there's no reason for a setback or us to fix the dimension. MR. YOVANOVICH: I get it on single - family. I'm not sure on multifamily if you have these garages that are out in -- you know, not under the structure, but kind of out in front. And they may be touching the principal structure. I don't know that that is -- CHAIRMAN STRAIN: But your solution just to say zero or 10 works. MR. YOVANOVICH: Right. That's what I'm saying is -- CHAIRMAN STRAIN: That's what I'm saying. Is that how we decided to leave those two lines? MR. YOVANOVICH: I would like the zero or 10 to stay in. I don't want to go right to 10, because the interpretation may be on that particular one how we've done it, it's -- that -- you know, it's touching. It's considered an accessory structure versus part of the principal. COMMISSIONER SCHIFFER: So you can put the 10 back, and that's a minimum dimension. MR. YOVANOVICH: Yes. COMMISSIONER SCHIFFER: On accessory structures, again, we have the height, the zoned and actual, to be the same as the principal structure. On multifamily, why would you need accessory buildings to be that tall? I mean -- MR. YOVANOVICH: What do we need? I mean, again, we weren't really changing standard there. I mean, it -- CHAIRMAN STRAIN: But you're not going to do more than a single -story accessory structure, so why don't you just peg the height? You're not going to do a 65- or 75 -foot height? MR. YOVANOVICH: No, I understand that. I just want to make sure --I'm trying to think about what a screen -- how high we might need for that -- if it's a screen enclosure or something like that. I just -- I didn't want to go too low. COMMISSIONER SCHIFFER: If you made it the same as townhouses, that would be, I think -- make sense, the 35 and 45. MR. YOVANOVICH: Okay. We'll make that change. COMMISSIONER SCHIFFER: And I think the concern I had, I could picture a 65- foot -high screen enclosure, which wouldn't be -- maybe not that good. On this page, the only last question is, the minimum floor area; is that per building, or is that per unit? Page 9 of 28 Yr �1 1612 N4 September 20, 2012 MR. YOVANOVICH: I'm sorry. I was -- my head was going somewhere on the accessory-use thing. COMMISSIONER SCHIFFER: The big screen. On Page 4, the minimum floor area, is that per unit or per building? MR. YOVANOVICH: That's for units. Are you talking about where it says "floor area minimum" -- COMMISSIONER SCHIFFER: Yes. MR. YOVANOVICH: -- "1,000 square feet "? COMMISSIONER SCHIFFER: Yes. MR. YOVANOVICH: That's for units. COMMISSIONER SCHIFFER: Okay. Can we add that then? MR. YOVANOVICH: Sure. COMMISSIONER SCHIFFER: Because, otherwise, it could be per building. I guess the only question is the flag lights what -- or flag lots. Is the only definition for flag lot going to be this drawing? MR. YOVANOVICH: I think these are examples. I can't swear to it, but is there a definition in the Land Development Code for flag lots? COMMISSIONER SCHIFFER: I think it's a drawing. MR. YOVANOVICH: In the code -- I don't recall. Yeah. This is just simply, you know, to give you an example of what a flag lot would look like. COMMISSIONER SCHIFFER: Okay. So there is no definition, just that picture, and staff will work from that? MR. YOVANOVICH: And, again, it's a carryover from what was previously there. COMMISSIONER SCHIFFER: Okay. MR. YOVANOVICH: I didn't spend a whole lot of time focusing back on those standards. COMMISSIONER SCHIFFER: The cul -de -sac deviation, why do we constantly need that? Because the 1,000 foot in the code does have a good reason. MR. YOVANOVICH: Right, but we also have the limitations in there that we have to have appropriate -- if it goes longer, we still have to meet the fire code. If there are portions of the cul -de -sac where we have bump -out areas for the vehicle to turn around, we provide for that, so -- COMMISSIONER SCHIFFER: But at a greater distance? MR. YOVANOVICH: Correct. But, again, the fire department's going to have the ultimate say on whether or not they accept how we do the cul -de -sac. COMMISSIONER SCHIFFER: But, unfortunately, cul -de -sac lengths aren't in the fire code. How they do it is in the fire code. But, in other words, so you -- again, 1,200,1 think, is a gift; the 1,600, why are you increasing that? MR. YOVANOVICH: Well, honestly, I think you're talking about the layout of project, how do we lay this out to address all of the concerns that we're addressing with the community, and I mean the community being the environmental community. You're also trying to make sure you're -- you want a product that people like. I don't think -- I think most people really don't -- I think most people prefer to live on a cul -de -sac versus living on a street that's a through street. So I appreciate that the code has this limitation on cul -de -sacs, but I don't think it took into consideration the real world when you're marketing projects. Now, the concern was -- is not making the fire truck drive too far before it had an ability to turn around. COMMISSIONER SCHIFFER: That's the only concern. MR. YOVANOVICH: So we have now -- we've become more sophisticated as time has gone along to include, if you have a long cul -de -sac, an ability to have the bump -out, you know, a mini cul -de -sac turnaround for the fire trucks to turn around. So I hope we've addressed the concern of the fire truck driving too far and having to turn around while, at the same time, addressing the concern of what the residents really want where they live. COMMISSIONER SCHIFFER: And this deviation is written well, discussed -- its the ability to turn a vehicle around. It's not the charming life at the end of the cul -de -sac, because if you want that, you can have a much Page 10 of 28 A4 1612 September 20, 2012 longer cul -de -sac, but you just have to have the ability to turn it around at certain distances. MR. YOVANOVICH: Right. COMMISSIONER SCHIFFER: And the way you've written Deviation 2 certainly describes the ability to have T -turns and everything else. It doesn't have to be a cul -de -sac. So while I'm with you, it is fun to live at the end of one, it's a really long one to get there, is my concern. So do we have to increase that? Can we keep it at 1,200? 1 mean, I'm not sure what you mean -- MR. YOVANOVICH: We asked for the 1,600 because we want the 1,600 as part of our development standards. COMMISSIONER SCHIFFER: But what do you gain from that? I mean, you could have 1,000 -- or, you know, a 5,000 -foot cul -de -sac, but just along the way you've got to be able to turn a vehicle around. MR. YOVANOVICH: Correct. So what -- so what's the harm with having the cul -de -sac the way we've got it written? Maybe I m missing the concern. CHAIRMAN STRAIN: Instead of looking at why you're needing it, why shouldn't he have it? I think that's probably -- what's wrong with it? What does it hurt? COMMISSIONER SCHIFFER: Yeah. And I think -- I guess maybe I'm trapped on the word "cul -de- sac," too. In other words, I don't think you need a cul -de -sac every 1,600 feet. I think you need a turnaround. So do you think this is written to give that? In other words, when we use the distance for cul -de -sac -- MR. YOVANOVICH: What we're saying, if we have a cul -de -sac that's less than 1,600 linear feet, we have one turnaround at the end. MR. YOVANOVICH: If we go beyond that, at the different intervals, we'll have another ability for the vehicle to turn around. So if we exceed that number, we'll have the ability to turn around. If we go to 5,000 feet -- and let's just do 4,800, because I can do that in my head -- we would have three, okay. Five thousand would get a little confusing for me, so -- CHAIRMAN STRAIN: Well, that's good. You did that one real well. MR. YOVANOVICH: But that's working on my division and multiplication tables. COMMISSIONER SCHIFFER: But what you're saying is you're moving -- the deviation's well written. The problem I'm having is you have the same number in both spots. I mean, I don't care how long it takes you to get to that charming little cul -de -sac as long as people can turn around, theoretically, based on the Land Development Code, every 1,000 feet along the way. So if you look at your Deviation 2, the way it's written, can we change that second number or leave it at 1,200? CHAIRMAN STRAIN: Just -- before you answer that, though, are these going to have medians, these internal roads? I mean, I don't imagine at the width you're talking about. MR. YOVANOVICH: No. CHAIRMAN STRAIN: So somebody, to turn around, could pull into any driveway and back out, right? COMMISSIONER SCHIFFER: Well, you can't count a driveway because it could have a car in it. MR. YOVANOVICH: Are we talking about for -- if I live at end of the -- if someone's coming to visit me and I live at the end of the street and they realize they went down the wrong street and they need to do a U -turn, is it for the car or is it for the fire truck we're talking about? COMMISSIONER SCHIFFER: It's actually for the guy responding to a heart attack. I don't care about how long your friend gets lost. It's the -- I want the fire department to be able to turn around and get out of there. MR. YOVANOVICH: And I could tell you that the fire staff hasn't objected to this request. COMMISSIONER SCHIFFER: I mean, I've had conversations with them, and they've supported -- remember, because I'm always here fighting over the 1,000 feet. I've never had any of them tell me and actually have answered positive that it is a worthy cause. It's just not in their code; that's why they can't. MR. YOVANOVICH: Well, then they need to put it in their code, because at this point we think we've addressed the concern of the emergency vehicle turning around that I would -- I would think that the fire department or county EMS or whomever who thinks that it absolutely ought to be 1,000 feet or ought to be 1,200 feet and thou Page 11 of 28 4' is 16 1 Ze tembe p r 20, 2012 shalt not have a turnaround further than there, they need to get involved in the process of designing these codes. And we haven't had any concerns about a 1,600 feet. If I had a 1,600 -foot cul -de -sac, I would have to have a turnaround at 1,200 and then another one 400 feet later. COMMISSIONER SCHIFFER: No. That's not what this is saying. MR. YOVANOVICH: Well -- it isn't? COMMISSIONER SCHIFFER: If you have a 1,600 -foot cul -de -sac, it will satisfy the turnaround. MR. YOVANOVICH: Where do I get to the end? COMMISSIONER SCHIFFER: Pardon me? MR. YOVANOVICH: How do I turn around at the end? COMMISSIONER SCHIFFER: The cul -de -sacs, you would turn around. MR. YOVANOVICH: But if we moved it back to 1,200 and I did one that was 1,600 feet long, I would have a turnaround at 1,200, and then at the end I would have another one 400 feet later. So that doesn't make any sense, so the 16 -- the 1,600 feet hasn't met, to my knowledge, any objections from county EMS or any of the fire departments, and we think it makes sense. And since there's been no objections -- we still are subject to fire department review at the end of the day anyway. COMMISSIONER SCHIFFER: Well, but if they don't have it in the code, they can't make you do it. The -- why do we have it in the Land Development Code, then? Let's take it out of there. Why do we have the silly requirement? What did the people before us think about when they wrote that requirement? Obviously, fire and everybody must have been involved in that. Ray, why do we have a 1,000 -foot requirement? MR. BELLOWS: Well, I am the older guy here, so I -- CHAIRMAN STRAIN: No, no. MR. BELLOWS: My recollection is that there was a concern, as you're expressing, of long cul -de -sacs and emergency service to those long cul -de -sacs. I think over time the LDC was amended to address that by requiring some kind of turnaround at a certain distance. This has been a normal deviation request for many PUDs, especially one that covers two sections or two- and -a -half sections of land. You're going to have longer cul -de -sacs serving a project of this size. But it -- I don't know how the number was derived other than I believe it was in coordination with the fire department and emergency services. CHAIRMAN STRAIN: Ray, wasn't, also, part of the thought that you have -- if you have a long cul -de -sac, you've got a dead -end pipe for water, and the bacteriological cleansing of that pipe is problematic with a dead -end pipe. So they wanted to limit the number of dead -end pipes of any length, and they -- but since then they've come up with those hydro guards that do self - flushing of the pipes which allow the chlorine to get through the lines and, you know, kill the bacteria. So I think that -- if I recall, that was part of the reasoning for the length, too. MR. BELLOWS: Yeah. I recall that issue, too, but there -- my understanding was there were other ways to address that. now CHAIRMAN STRAIN: Yeah. That have come onboard since the code was initiated. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Yes, so that -- so that item might be resolved. And I think it's down to your item COMMISSIONER SCHIFFER: Well, if that was in there and that was the reason they went to a 1,000, that means something. But, anyway, from my discussion with fire, and at the state level, too, I would like to see that left at 1,200. And, Rich, you know, a lot of product, a lot of communities are enjoying, you know, the cul -de -sacs, the breaking the roads up and everything like that. I mean, if you had a -- you know, an unlimited length, you know, your development's not going to look as good. MR. YOVANOVICH: There's nothing prohibiting us from doing it more frequently than 1,600. COMMISSIONER SCHIFFER: Right. MR. YOVANOVICH: Right now we've looked at 1,600. My experience with the multiple fire districts is Page 12 of 28 161 eA4 September 20, 2012 they've never been shy in expressing a concern about a project, so -- and I don't mean that in any disrespect to them. They are very assertive in expressing a concern, and they will express a concern if they have a problem with this. COMMISSIONER SCHIFFER: But here's the problem. When I ask them, they support it. When you ask them, I guess they don't. And I do. I asked them as recently as yesterday morning. So -- I mean, they say it's in there for a reason. I mean, I -- it's not a deal breaker for me. MR. YOVANOVICH: Well, I'd just as soon we leave it in, and we can end up doing something less. COMMISSIONER SCHIFFER: I would wish you would come and say, you know, we designed the streets with the -- you know, with the set up with the product we're using, 1,600 feet fits in perfect, but I'm not getting that answer either. MR. YOVANOVICH: Well, that is the answer. We have -- we have laid this project out in pretty good detail. Now, obviously, the reason you don't have it in front of you is, you know, this is what we want to do, but market could change things. But these standards are based upon a detailed, laid -out project. COMMISSIONER SCHIFFER: Okay. Pll back off. Maybe you and I can have a conference call with the fire department together sometime. MR. YOVANOVICH: Okay. COMMISSIONER SCHIFFER: And my only other question is kind of just a curiosity one is -- the outparcel Section 10 is that one outparcel up at the north, correct? MR. YOVANOVICH: Yes. COMMISSIONER SCHIFFER: And so what would happen there? This has nothing to do with your project. But you would be giving them a right -of -way. And what would they be doing, going through the preserve with a road or -- MR. YOVANOVICH: They'll have -- right now -- we'll provide them the ability to design, permit, and construct an access to their piece, because right now they're landlocked. COMMISSIONER SCHIFFER: Yeah. MR. YOVANOVICH: And it has been since the project was -- yes, since'02. UNIDENTIFIED SPEAKER: Not for a lack of effort either. MR. YOVANOVICH: And I remember that. COMMISSIONER SCHIFFER: And, again, that was just out of curiosity. I'm done. Thank you. MR. YOVANOVICH: So we provided for him, that person -- if it's a him or her, I don't know at this point -- to get access to their property. CHAIRMAN STRAIN: Okay. Anybody else? COMMISSIONER EBERT: Yes, yes. CHAIRMAN STRAIN: Go ahead, Diane. COMMISSIONER EBERT: Rich, this 20 feet that you're taking the townhouse down to, that is scary. And I know you want to use this other lot phase. I am kind of familiar with this project, being its been on the books for many, many years. And I understand -- in fact, I kind of feel sorry for the developer, because it's like, after you got done with the environmentalists, you just took everything --because you're now 100 acres less. You just took everything and said, that's it. We're just going to scrunch everything right in there. And I don't see any -- other than your master plan here, which is pretty loose -- to me it's -- I can't see all the planning here. And unless you -- unless I can really see what the planning is -- and I know you don't have to show it. But to me it was, okay, we can't do it this way. We're shrinking everything. So we're going to make a 20- foot -wide lot for a townhouse. And I know you call it now a tag lot. I've never heard of a tag lot. MR. YOVANOVICH: No, no, no. A townhome is a row home, okay. So when we're referring to 20 feet, we're talking about the actual unit will be 20 feet wide, not the lot. But they're sold as individual lots when you do it as a townhome versus a multifamily product. So you have a narrow townhome type -- not -- yeah, townhome, but kind of row home is what you would see up north. So that's the type of product we're talking about here for the townhome. And there's product out there that Page 13 of 28 1 612pteber0, 4 2012 fits in this and is very popular with buyers to have these -- this narrow multi -story townhouse similar to what you would find up north and throughout Florida now. But, I mean, it's like a row house in the cities and other communities, and that's what we're doing, and it's a 20- foot -wide wall -to -wall is what we're referring to. COMMISSIONER EBERT: Well, but in here you're saying that you're using it on No. 7. You've got the little asterisk there. And that's the -- kind of the tag lot for the townhouse and, yet, 20 feet is -- I just can't believe that you would take 20 feet and consider that a lot. And I understand they are connected. I do understand that. MR. YOVANOVICH: But that's the way the -- in order to sell -- let's take -- first of all, let's just take Note 7 out and the reference to that okay. But does that address the issue? CHAIRMAN STRAIN: Wait a minute. Whoa, whoa. Take seven out of what, all of the -- it appears on almost every single -- MR. YOVANOVICH: Just on the townhouses, okay. CHAIRMAN STRAIN: Okay. Just on the -- all of the locations on the townhouse? There's one, two, three, four of them, or just one location? I mean, if you're going to do something, we need to make it clear for the record so we get it stipulated right. MR. YOVANOVICH: Okay. I'm told flag lots do not apply to townhomes. So wherever the flag lot footnote pertains to townhomes it comes out. Now, regarding the lot size, is these -- this product is three, four, five, however many units in a row, you convey to them in a fee - simple interest, and interest included in that fee - simple interest is the ground below the unit. Unlike a multifamily product -- condo product where you're buying air, you're not buying the ground; a townhome you do. So in order to do that, we have to call it a lot, and we define it as such, and you -- we convey it as such. It's Lot 1 of an individual project. So that's what we're doing. And it looks like multifamily, if you will, but it is treated as a single- family use for purposes of a conveyance purposes. That's all we're doing. If this were a multifamily building, I could have a -- individual units could be 20 feet wide. It doesn't look any differently to you and I from the road. It's simply a legal conveyance issue. COMMISSIONER EBERT: How many townhomes are planned for this PUD? MR. YOVANOVICH: Again, what we're starting to get into here on a lot of this stuff is you're asking me to design my product -- my project here at the podium. And if -- it's a market -- it's going to be market driven. The point I have on that is, is these standards are not unusual standards. This is all with -- internal to the Mirasol project. If this is not a product that people do not want to buy, it will not be built. You don't build it and hope they come. So I don't know -- I don't know how many townhomes there will be, because I don't know what the market wants. So I hesitate to -- I hesitate to even tell you, because anything I tell you may not be right, and I don't want someone to say, hey, well, you know, Rich, you said on the record you're going to have X number of units of townhomes, and I may have less, I may have more, but it's market driven, and it's not an unusual product to -- COMMISSIONER EBERT: I understand. But when you -- Rich, when you're looking at this -- I remember when I was at the very first meeting before these other people were involved, you said definitely not over 799 homes, too. MR. YOVANOVICH: Absolutely. COMMISSIONER EBERT: So -- MR. YOVANOVICH: And we have added acreage to make up for the density. COMMISSIONER EBERT: And I understand that. I do understand all that. But you don't know how many single - family homes are going to be in there, you don't know -- MR. YOVANOVICH: Don't. Got an idea. I mean -- and I will tell you that most projects that come in front of you don't. I mean, you just can't. You have an idea, but the market changes. And the purpose of this PUD is to come up with standards to give a developer the ability to build a marketable project, not to tell the developer you're going to do this, because the developer is the one who's got to make the decision and make the investment as to what the market will accept. The Planning Commission isn't qualified to do that. Staffs not qualified to do that. I'm not qualified to do that. This is the risk the developer takes based upon their experience in the market. These are accepted PUD Page 14 of 28 16 I "2 A 4 September 20, 2012 standards. They've been previously approved. Yes, it used to be 35 feet wide for an individual townhome unit, but the market has changed since then. They are narrower -- I can't say that word right now -- townhomes out there that the market has readily accepted, and that's why we've asked for the change. COMMISSIONER EBERT: Okay. And another one here and -- on the clubhouse you have parking not to exceed 50 feet; 75 feet actual height? MR. YOVANOVICH: Two stories over parking, not to exceed. COMMISSIONER EBERT: Seventy -five feet. MR. YOVANOVICH: Right. COMMISSIONER EBERT: That's -- you know, between actual and zoned, normally Brad said to me it's about 5, 10 feet with that, and now you're going 25 feet. Pretty soon I'm going to ask the Land Development Code to change it back to actual only, because -- CHAIRMAN STRAIN: Well -- but, see, what happens when you have an actual that -- on a clubhouse, you can put bell towers, clock towers, poles -- things like that that are more decorative you wouldn't get on a regular building that is used for a retail, commercial, or for residential. So we've done this before, Diane -- I mean, prior to you coming on the board, of course. But we have done some of this routinely because of the architectural embellishments they add to these buildings. COMMISSIONER EBERT: Well, then it would be nice to say for the extra, not the roof thing, to, you know CHAIRMAN STRAIN: Well, that's what actual height means. That's the extra. That's not the usable space. The usable space is the 50 feet, so -- MR. YOVANOVICH: And I use the term "tippy top," and Mr. Schiffer always gives me the look, because we're supposed to tell you what's the tallest thing. And what I've put on is the master plan. This is the master plan that we're proposing today. That's where that use is going to go, okay. That's the golf course complex. This is where it used to be. It used to be actually closer to this development, okay. We've moved it further away. It's basically central to the project. You're getting a huge preserve here, huge preserve here. We're a long ways away from Heritage Bay and the Quarry. I forgot -- I think it's Heritage Bay DRIB. So, I mean, from where we have that thing located, the fact that we may have some architectural features on this clubhouse isn't hurting anybody. COMMISSIONER SCHIFFER: Might be an asset. MR. YOVANOVICH: Mr. Schiffer likes them tall, because it gives him the creative -- the ability to be creative and make it look pretty. COMMISSIONER SCHIFFER: And, Diane, while I stole the floor from you a second, the 20- foot -wide townhouse, you could do a really nice product with, you know, even taking off of the firewalls that they're required. There's quite a few good examples of that. And Rich even pointed out, up north some of those tight little old communities like Allentown, where I grew up, have really narrow townhouses that are beautiful. The thing that I normally look at with townhouses is, should we worry about the length of them, because there's no length. But the bottom line is, Rich is right, this is in the middle of -- no one's going to see this but themselves. If they shoot anybody in the foot, it will be their own foot with a bad design. So if they want to run a freight train of townhouses around this property, it's not going to hurt the community. It's only going to hurt their ability to sell. So I think we should give them, you know, wherever possible -- if we were going to see them from Immokalee, we might wonder about how long they should be. But give them the freedom to do what they want to do. COMMISSIONER EBERT: And one other thing on the golf course; is this going to be bundled? MR. YOVANOVICH: It's going to be -- it's going -- it is the amenity for the community. How it will be -- how it will be included with the unit, that final decision hasn't been made, but the ability to access it as the community's amenity. It will be the community's amenity, whether it's going to be included in your purchase of your unit or you'll deal with it a different way. So I -- the answer is, it's an amenity to each of the units. COMMISSIONER EBERT: And I do understand that, except that you went from 36 down to 18. You increased the amount of buildings from 799 to 1,124. If it's going to be bundled, there's not enough holes of golf in Page 15 of 28 2 16 I A 4 September 20, 2012 there. MR. YOVANOVICH: That, again -- again, I will -- COMMISSIONER EBERT: So you don't know whether it's going to be bundled or not? MR. YOVANOVICH: And I will tell you -- let me tell you -- let me put it this way: That, again, is a marketing -level decision, if you're a golfer and you're concerned about all 1,100 units having one - and -a -half golfers or two golfers -- which I will tell you probably is not the case -- and you're not going to get adequate access to that golf course, you're not going to buy here. COMMISSIONER AHERN: Right. MR. YOVANOVICH: So, I mean, honestly, people will know how many potential homes that they're going to compete for, and they'll either buy in there or not. We believe that it will be enough to satisfy the demand for the people who want to live here. That is why we gave up 18 holes in exchange for additional preserve area that we're bringing into the community and for the additional units. Before I forget, because -- and in discussing the townhome development standards table, we forgot to do something mathematically. And you'll see the math error we have. In the minimum lot width, when it was 35 feet, it would have been 35 feet by 100, so you would have had a minimum lot of 3,500. When we did -- when we narrowed the size, we forgot to also reduce the minimum lot area correspondingly so. The 3,500 should be reduced to 2,000 because we're now narrower. And so we need to make that change. And I'm glad someone brought that discussion up or else we might have missed it. And I'm sorry. I didn't mean to interrupt you, but I mean -- did you have more questions? I was just -- I was afraid rd forget. COMMISSIONER EBERT: I have a whole thing of questions, but that's all for right now. CHAIRMAN STRAIN: Do you have any more of the applicant, though, you'd like to ask, Diane? I mean, once we get past him, we're going to staff then public speakers, then we're done. COMMISSIONER EBERT: Well, I guess I'll just wait for transportation. And a lot of this stuff is in the staff report. CHAIIZMAN STRAIN: Okay. Anybody else have any questions of the applicant? (No response.) CHAIRMAN STRAIN: Richard, I've got a few remaining. One of the questions -- and it's -- I'm not asking probably for the same reason Diane did, but for an understanding of your parking calculation. One of the questions that was asked in a public meeting, it said, will a golf course be an equity course or a public course. The answer was, the developer has not decided yet, but they are considering a bundled golf concept where a membership fee is associated with the cost of the homes. Okay. I'm not really -- I don't really care about your answer. It didn't answer the question. It says, it is going to be an equity course or a public course? And the reason that's important is if you're a public course, your parking calculations may not be as reduced as they should be -- as they are being requested in relationship to an equity course or a bundled course or whatever. But if you're opening this course to the public, I think we need to know that. MR. YOVANOVICH: Well, if -- again -- and I'm sorry, not again, but we have limited it -- if you look at Item No. 7, the accessory uses, it's limited to residents and their guests. CHAIRMAN STRAIN: I know, but you didn't say that at the public information meeting. MR. YOVANOVICH: No, I agree. I didn't, you're right, because we hadn't made the decision. CHAIRMAN STRAIN: I'm just trying to get a clarification to your answer. So you don't intend to open this -- this isn't going to be open to the public. MR. YOVANOVICH: This is not a public golf course. CHAIRMAN STRAIN: That's what I needed to know. Okay. hi the development standards table, you've got five products, and so I understand the -- and I'm not asking you for a mix, because that's a marketing issue, not a zoning issue, but I just want to comment. You have a single- family product, which is going to be fee simple; you have a zero lot line, which will be fee simple; you have two - family and duplex, which isn't really qualified as multifamily by the building code; and you have townhouse, Page 16 of 28 16 1 2A4 A September 20, 2012 which will be fee simple. You've only got one multifamily product, and you've got four, more or less, single - family type product. So you're --just by the table alone your mix is indicative of a -- you're going to be selling probably more fee simple than you will multifamily, and that's a good thing. But at the same time, the townhouse and the multifamily could have unlimited number, and you describe it as row houses. So you could have 30 of these townhouses in a row. I'm sure you don't intend to do that. And the same with multifamily. What is the maximum units you're thinking you would consider per building, either multifamily or townhouse? Staff asked you that question. It wasn't responded to. This board has asked it multiple times in the past. We're looking at it as a massing, which does come under our criteria for compatibility, so -- MR. YOVANOVICH: Right. And, again, based upon the development standards table and the fact that these are internal to the project, we have not determined a maximum number of units in any one building. Again, the market's going to tell us -- maybe I should have used brownstones instead of -- I don't know which is the better. But the market's going to tell you how many townhomes in a row they will accept; likewise, they will tell you how many multifamily units in a different building, because it could be a multi -- it could be multiple -- multiple stories. Like, for a five -story building, I don't know how many units might be in a five -story building versus something that's two stories or three stories. So I don't -- but we've got the standards there, and the market's going to limit that. CHAIRMAN STRAIN: Okay. What's the length of the longest building or by the type -- here's where I'm coming from. There's a project on Davis Boulevard here in Naples. It originally sold out as a fee - simple project. Then the developer lost control of it. I think he went bankrupt, and someone else picked it up. The new people came in and put in high - intensity multifamily to suck up the rest of the density that was left on the project. Well, these are flat -wall buildings against a golf course. It looks like a canyon. It has lowered the price points of the people -- for the rest of those people that bought there in good faith in the beginning of the project. I don't want to see that happen here. So all I'm suggesting is, give a maximum either lineal foot so we know the massing is taken care of, or units, something that we can peg to a cap that doesn't allow a future developer, if it were to ever change hands, to impose negatively on the people who've already purchased there. I know that's not your intention, but I think it's a safety valve that would be helpful to have in the PUD. MR. YOVANOVICH: Are we going to have a break, do you think? CHAIRMAN STRAIN: Sure, we can have a break. MR. YOVANOVICH: We don't need it right now. I would like to -- I'm assuming there's going to be questions of staff that's going to take us to a natural breaking point. CHAIRMAN STRAIN: We'll have a break. When we get done with you, we'll have a break, then we'll get to staff, then we'll come -- MR. YOVANOVICH: Because I don't want to -- I'm not in a position to answer that question right this moment. CHAIRMAN STRAIN: Okay. Well, we'll hold that for a break then. Two of your deviations I would like a little more further explanation on. I'm not saying I disagree or agree. I just want to make sure I understand what they mean. You changed the language in Deviation No. 1. You got something new in there called a -- for private spine roads. What is a private spine road? Because that factors into the Deviation No. 14, which is sidewalks. MR. YOVANOVICH: Okay. The private spine road on our master plan -- this is the private spine road. CHAIRMAN STRAIN: Is that the only road you're going to have then that would be called a private spine road? MR. YOVANOVICH: I would imagine we could extend it within our own project, but it will remain private to the community and privately maintained, and then you'll have -- I would imagine we could. I don't know that we plan to extend the spine road; do you know, Ron or Tony, or -- UNIDENTIFIED SPEAKER: It extends up. Page 17 of 28 �4 1 1 September 20, 2012 MR. YOVANOVICH: Right. I mean, it could extend to the -- it could extend to the north. And I understand where you're going on the next -- the question related to the sidewalk. CHAIRMAN STRAIN: Right. MR. YOVANOVICH: But if you -- CHAIRMAN STRAIN: Why do you have to call it a private spine road if your intention -- and, first of all, is that -- I can't -- I don't remember -- I can't read that close up right now. Is that labeled the spine road so everybody knows what it is you're talking about, since you now are using it as a point? Because if you're going to keep referring to a spine road and -- we just need to make sure -- MR. YOVANOVICH: We should label that the private spine road, because it obviously will be wider than the private roads that come off of it. CHAIRMAN STRAIN: Okay. Why do you want to limit it to a private spine road? You're never going to turn it over to the public; is that your point? MR. YOVANOVICH: I think that this is going to be a community that's going to probably be gated. CHAIRMAN STRAIN: Okay. So then if that's what you're -- so we're going to label the private spine road as the private spine road -- MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: -- so we know what Deviation No. 1 is referring to. So then let's get down to Deviation No. 14. You and I had this conversation, and after you explained it to me, it made better sense. So I'd like you to explain it again so everybody can get the benefit of that information. MR. YOVANOVICH: What this deviation would allow is for the road that's depicted on the master plan, or our main -- CHAIRMAN STRAIN: The private spine road? MR. YOVANOVICH: -- our private spine road. We would only have to have a sidewalk on one side, and that's because only one side -- there's not residential development on both sides. I mean, if you were to look to the east, you'll see it really makes no sense to put a sidewalk on the east side of that road. Staff agreed with that. And then we've also agreed that for cul -de -sacs less than, I think it's 2,500 feet in length, we would, likewise, only need a sidewalk on one side. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: And single loaded as well. CHAIRMAN STRAIN: Now, if you were to extend this spine road north, you would then continue it with -- because there would be residential potentially on both sides, you would have sidewalks on both sides; is that correct? MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. Is there a way that you could think we could just clarify that so everybody knows it? MR. YOVANOVICH: The way we did that is by referencing the master plan. So it's only that road depicted on the master plan that that deviation would apply. CHAIRMAN STRAIN: Where is the master -- okay, there it is. So the spine road is limited to that portion of the main entry road. Now we're talking about a different road. MR. YOVANOVICH: Shown on the PUD. CHAIRMAN STRAIN: Why don't you just say, the spine road is limited to that portion of the road shown on the PUD master plan that does not provide the direct access to dwelling units and does not provide direct access to residential neighborhoods? Because if you're going to call it a main entry road, then we need to change the other reference in 1. It's either a main entry road or its a private spine road. MR. YOVANOVICH: Well, we'll just --we'll wordsmith it to say that this deviation only applies to the private spine road depicted on the master plan. CHAIRMAN STRAIN: Okay. And when it goes -- right. MR. YOVANOVICH: So when we come back -- CHAIRMAN STRAIN: So automatically then -- when it goes north, then it's not because it's not depicted on this plan. It becomes a sidewalk -- a road with sidewalk on two sides, correct? Page 18 of 28 1612 A4 September 20, 2012 MR. YOVANOVICH: Right. That works, right? CHAIRMAN STRAIN: Something else that is a suggestion. You've got an entryway -- one other thing, Richard. MR. YOVANOVICH: Okay. I got to clarification. Sorry. CHAIRMAN STRAIN: Okay. Anything you want to share with us? MR. YOVANOVICH: Yeah. And I'm trying to figure -- and I don't think, conceptually -- CHAIRMAN STRAIN: You want to share it with us after break since you're going to do that again? MR. YOVANOVICH: No, no, because Pll forget it by then. And I don't think anybody's going to have a problem conceptually with it. To the extent that the spine road is extended from where it is today and there is not development on both sides of that road, residential on both sides of that road, again, we would like to limit it to just a sidewalk on one side. There may be a configuration, I'm told, where the spine road would continue on -- I guess it could be next to that lake in the middle. CHAIRMAN STRAIN: Well, if they do that, they're losing an amenity that they're going to get a boost out of their sales from, so that's probably not too likely. MR. YOVANOVICH: Well, I'm just trying to think, you know, where it could happen. There could be a configuration where there's not residential on both sides of the extended spine road. We would like, in that case, to only have a sidewalk on one side. If there's residential development on both sides of that spine road, the intent is to have a sidewalk there. CHAIRMAN STRAIN: Now, I think that's wrong for a couple of reasons. Number one, if you've got the road up against the lake, be a great place to amenitize that side of the road with a sidewalk and some benches near the lake and landscaping so people could better utilize it. It would help your community, not hinder it. Likewise, if you go north from that lake and you've got residential on both sides of the road, you're going to have a sidewalk that dead -ends because it crosses -- it abuts a lake, and then you're going to have to put sidewalks across the road, which will cost you, with signs, probably as much as if you just continued with the sidewalk. So I don't think that's a practical solution, and I think the -- letting you have the no walk on one side for the -- and spine road as shown on the plan is as generous as anything needs to get. MR. YOVANOVICH: I hear what you're saying. We'll talk amongst ourselves during the break. CHAIRMAN STRAIN: Okay. And the next thing I'd like to suggest is, if you -- see where the private spine road goes to the east -- and I think that's Broken Back Road where it comes off of You're going to use that as a construction entrance -- MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: -- and whatever. And thinking of Phil's concerns previously as he stated, why don't you put the request in to put a temporary construction road all the way to the north so that when you build the southern and midsection of your project, you could bring construction in from the north and not have a problem with it crossing those people up there? MR. YOVANOVICH: Yeah, I've got preserves all the way up. CHAIRMAN STRAIN: I know, but you could recreate the piece for a 24 -, 20- foot -wide road entry. MR. YOVANOVICH: But I think those are preserves that are part of our permit, and we'd have to deal with impacts to that and we -- you know, this is -- I think that's a Water Management District preserve, if I remember correctly, from the master plan. CHAIRMAN STRAIN: Well, it would have been a good move for the people living to the north end of the project, because -- or for the south end, because once you sell out, as you phase going north and you sell out that midsection, all the construction traffic's going to have to pass them to get up to the north end. But, okay. Your call. COMMISSIONER EBERT: On the deviation. CHAIRMAN STRAIN: Yes, you've got some more now? Go right ahead. COMMISSIONER EBERT: You bet. Thanks, Mark. On deviations, Deviation No. 5 where you want to reduce the parking for the clubhouse, you want -- you're supposed to be five spaces. You want only three. And your rationale for this is it's an amenity to be private Page 19 of 28 1612 A4 °I September 20, 2012 exclusively for -- you will never rent out this clubhouse? I got to tell you, I disagree with it, because if you have a member who wants a wedding or something, every clubhouse will be rented out. You will rent out this clubhouse. I don't know of one that isn't. So when you're trying to say, well, people will come on golf carts and they'll walk and everything, that, to me, is not a good rationale at all. CHAIRMAN STRAIN: But even if you rent it out, it would still be private because it would be restricted to rentals to only the residents living there, and the people coming would be their guests, as they've stated throughout the document, right? COMMISSIONER EBERT: Well, that's true. But if you get one person who wants a wedding there or something -- I mean, yes, its private, but the clubhouse will be rented out and you probably will need the parking areas there. Just a suggestion. MR. YOVANOVICH: And I understand. And you have to -- you have to take into account the normal operation at the facility when determining what's an appropriate amount of parking. And the analogy, you know, that I commonly use -- and not to offend everybody who may have a different faith than me -- you don't build the church for Easter Sunday. You build the church and the required parking for the normal services you have, and that's where those standards come from. The normal operation of this clubhouse will be fully serviced by what we're requiring. And I would think that on a -- if you're going to have a wedding there, it's probably going to be in the evening when you're not going to be bothered by the golfers who are going to share this facility with you. So I think parking will take care of itself on those odd special events, if a resident comes and says I'd like to rent the clubhouse for a wedding. I just don't think you need to over park it for special events. COMMISSIONER EBERT: You ought to go to my church. The parking is for Easter Sunday. Deviation 10 where you say you want relief for the signs -- because the rationale was, it sits approximately 100 feet from Immokalee Road. Do you know every project north of -- on Immokalee Road is set 100 feet back, because the county owns that 100 feet and the canal is within that 100 feet. So that rationale doesn't really go. If you go along Olde Cypress or any of those in there, everyone is set back 100 feet, because the county owns that property. So the rationale for the extra signs and everything is -- MR. YOVANOVICH: You're factually correct. The county owns that 100 feet. That doesn't mean it's not a legitimate request because of the distance that we would need the sign deviation we're requesting. And I don't know -- I can't tell you whether any of the other communities have sign deviations along Immokalee Road. I don't know the answer to that. But this is a deviation that's been approved for other projects with similar distance issues regardless who owns the property between the project -- COMMISSIONER EBERT: I don't know either, and I don't know if staff has that answer with them today or not, that they've all been like that. Our sign is not for Olde Cypress. The other ones sitting out there are not at this point. That's just one of the things. The other one -- and you're right, the private spine road, I had marked that down, too. That will be all for now that I can see at this portion of it. CHAIRMAN STRAIN: Okay. Any other questions of the applicant before we go for break? (No response.) CHAIRMAN STRAIN: Okay. We're going to wrap up after this one's done, so we'll take a short break and come back at 10:31; how's that sound? Okay. (A brief recess was had.) CHAIRMAN STRAIN: Okay. If everyone will please resume their seats, we'll continue on with the meeting. We haven't got quite a quorum yet. One, two three. Brad and Diane? Here she comes. We've got to wait till you get up here, Diane, so we have a quorum. Okay. We left off with finishing up questions of Richard. And I'm not sure -- Richard, we can go to staff so that if anything else comes up in your final comments, we can get it all at once. Kay, you want to go forward with whatever you want to enlighten us with? Page 20 of 28 September 20, 2012 MS. DESELEM: Yes. For the record, Kay Deselem, principal planner with zoning. We also have staff here from environmental services and transportation planning should you have questions of persons in those expertise areas. You have the staff report. It is a document last revised 8/23/12. And in this staff report we have evaluated the Growth Management Plan issues and the deviations that were requested, and we have provided findings of fact in support of our recommendation. The recommendation is contained on Page 35. And, as noted throughout the discussion with the applicant, talking about limitations for size and massing, and some information about the clubhouse, some of that has been provided and some is pending. And then the changes to deviation -- COMMISSIONER EBERT: Can't hear. MS. DESELEM: I lost my mike. CHAIRMAN STRAIN: No, it's -- yours isn't working? COMMISSIONER EBERT: I can't hear. MS. DESELEM: -- and changes to Deviation No. 8 that the applicant has accepted. Other than that, if you have any questions, I won't belabor the issue and go into details, as you have the staff report. CHAIRMAN STRAIN: Okay. We'll go into questions of staff. Anybody? (No response.) CHAIRMAN STRAIN: Kay, let's go to Page 3, please. And I saw an email that came about after you and I talked, so I'm assuming that the City of Bonita Springs -- and the reason I'd asked the question, I want the record to note that pursuant to our GMP requirement for intergovernmental coordination, you did contact Bonita Springs, and they didn't have any negative response to your request? MS. DESELEM: That's correct. CHAIRMAN STRAIN: Okay. On Page 7 of 36, I had asked at the -- for a clarification as to E and F on that page. Basically, it's the comprehensive planning density blending analysis. And when they got to E and F, they were talking about environmental issues, and they said comprehensive planning staff leaves this determination to the environmental staff, and they said it on those two items. And I didn't notice where or how it was answered specifically. So I'm glad to see Steve's here, and he's probably prepared to address it. MR. LENBERGER: Good morning. Is it on, the microphone? CHAIRMAN STRAIN: It's on my speaker. MR. LENBERGER: For the record, Stephen Lenberger, natural resources department. The two provisions here are -- one is, the entire product shall meet the applicable preservation standards for the rural fringe mixed -use district, which it does. The preservation requirement is for neutral lands, which is 60 percent of the native vegetation on site, not to exceed 45 percent of the site. And the product will preserve 60 percent of the native vegetation on site. There will be some re- creation, which is allowed by the Land Development Code. As you know, the preserve has quite a bit of exotics, some extensive monocultures of Melaleuca, and they will be restored. Upon project completion, approximately, well over 55 percent of the site will be preserved. CHAIRMAN STRAIN: Okay. MR. LENBERGER: The other criteria is the density to be shifted to the rural fringe mixed -use district from the urban residential subdistrict is to be located on impacted land, which is located on quite a bit of Melaleuca impacted land, or it is demonstrated that the development of the site is to be located so as to preserve and protect the highest quality native vegetation, which it has, and/or habitat on site and to maximize the connectivity of such vegetation and/or habitat with adjacent preservation and/or habitat areas, which it does. It connects to the preserve very nicely on the PUDs to the east and west and also the natural resource protection areas also to the east. CHAIRMAN STRAIN: Thank you, Steve. And from now on when comprehensive staff refers to a question that's been unanswered and needs another department, could that be included in our packet right below the questions, like they always -- like they have been Page 21 of 28 6 eptember 20, 4 A 2012 with comprehensive planning, so we have it all as a concise record? MS. DESELEM: Yes, sir. We'll make sure that we do that in the future. CHAIRMAN STRAIN: Thank you. And, Kay, the issue you had on Page 16, your concerns about satellite clubhouses, I believe they're taken care of; is that correct? MS. DESELEM: Yeah. The only question I had -- and maybe I missed something when Mr. Yovanovich was speaking, but he wants to remove Item No. 4, the clubhouse and recreational centers, saying that the common area recreation facilities would address it. And I just wonder if we need to make a distinction, because those would still be allowed to be the same height, that 75 -foot tall, and I hadn't really thought about that before. CHAIRMAN STRAIN: No. The accessory use -- if they're an accessory use and structure, you're saying that MS. DESELEM: Oh, I'm sorry, 35 feet. Never mind. CHAIRMAN STRAIN: Yeah, okay. Good. MS. DESELEM: Yes. That issue has been resolved. Sony for the confusion. CHAIRMAN STRAIN: Okay. On Page 17, you start with Deviation No. 2 and it carries over to Page 18. On the top of Page 18, the first non - italicized paragraph says, the petitioner has not sought relief, then parenthetical, nor can he, end parenthetical, from any fire code requirements as part of the zoning action; thus, it is understood that compliance as requested above would be required. That's a given. Why did you feel it necessary to add this to the deviation narrative? MS. DESELEM: Just to make it clear that even if we grant a deviation from a zoning requirement, if there's a fire requirement that supersedes it, they still have to comply with that regardless. They can't carry over our zoning deviation to allow for anything else other than that. CHAIRMAN STRAIN: Okay. But that couldn't occur under any conditions. MS. DESELEM: That's correct. CHAIRMAN STRAIN: Okay. And other than that -- and the comment I just got from Heidi during break that the -- Richard's legalese in regards to the transportation addition for Broken Back Road in concept will work, but legally it's not written appropriately. So Heidi's going to get with you to rewrite it between now and consent. I've asked her to give you a class on writing legal documents. COMMISSIONER HOMIAK: It wasn't him. CHAIRMAN STRAIN: I know. You didn't write it. MR. YOVANOVICH: An engineer wrote it. CHAIRMAN STRAIN: Huh? MR. YOVANOVICH: An engineer wrote it. CHAIRMAN STRAIN: An engineer wrote it, okay. Well, I think that's what it looks like, so -- just kidding, too, Rich, so -- okay. That's the only thing I had left, and we'll just wait to hear from Mr. Yovanovich on the unit sizing or the building mass. And are there any other questions of staff from the Planning Commission? Diane? COMMISSIONER EBERT: No. I'll wait for Mr. Podczerwinsky. CHAIRMAN STRAIN: Well, you've got to call him. MR. PODCZERWINSKY: Already on my way. For the record, John Podczerwinsky, and I haven't sworn in. I'm sorry. CHAIRMAN STRAIN: You haven't been? MR. PODCZERWINSKY: No, not yet. (The speaker was duly sworn and indicated in the affirmative.) COMMISSIONER EBERT: Can you go over the road capacities for us? Because I see in here that you're limiting them to 781. Can you just, kind of, go over some of this stuff for us, please? MR. PODCZERWINSKY: I'd be glad to. Do you have a specific question on the roadway capacity? COMMISSIONER EBERT: Well, I know they come out and they go down towards 1 -75. And I already see some of these with our 2011 AUIR. It's just -- you've got caps in someplace, and over here you're saying the impacts Page 22 of 28 September 20, 2012 aren't that bad. Just -- if you could just go over the Immokalee Road, because you can't make Immokalee Road any wider. MR. PODCZERWINSKY: That's true. Immokalee Road is now constrained at six lanes. We don't have room to widen it further unless -- CHAIRMAN STRAIN: And I think what's important is they're vested by their DCA that was completed for a certain capacity. Anything above that capacity they're not vested for, and that's probably where your cap kicks in to control that. MR. PODCZERWINSKY: That's correct, yes, sir. CHAIRMAN STRAIN: I think that's probably the explanation somewhat in that line she's looking for. MR. PODCZERWINSKY: Yes. In the concurrency review -- I shouldn't say concurrency review. The consistency review that was done for this application was just on the additional units. COMMISSIONER EBERT: Three hundred twenty -two. MR. PODCZERWINSKY: Yes, that were presented as part of this application, not the entire development as a whole. Of course, you know, we still look at the turn lanes, the intersection capacities, at -- you know, with the traffic as a whole. But in this case, specifically, the consistency with Policy 5.1 of the Transportation Element was reviewed solely under the additional units, so -- COMMISSIONER EBERT: Also on this capacity, which I understand -- just a minute, John. They're in the five -year planning period. MR. PODCZERWINSKY: Commissioner, was your question about the cap, by chance? COMMISSIONER EBERT: Well, no. I understand the cap for the other 322. 1 want to get to the -- there's something about a bridge relocating part of the canal or something. Reading in here I just can't find it right now. MR. PODCZERWINSKY: Right, that's correct. Let me see if I can find that. There was a reference to the developer's commitment that they've already met and the dollars that they have contributed toward the improvements at the intersection of Immokalee Road and 951. Much of that has already been used to basically reconfigure the canal that would be on the northeast corner of the intersection. It's actually Broken Back and Immokalee Road. And that's in preparation for future improvements at the intersection. Basically, the canal will be relocated, and that will give us more room for the intersection as a whole so that it will function better for the entire community. COMMISSIONER EBERT: So they're going to change the -- or you are going to -- someone is going to change the canal on the northwest side -- MR. PODCZERWINSKY: Yes, ma'am. COMMISSIONER EBERT: -- of Broken Back and make it go back further like it is on the east side? MR. PODCZERWINSKY: Yes, ma'am. COMMISSIONER EBERT: And the multi -use path will still all be there. MR. PODCZERWINSKY: Yes, ma'am. And that's been reflected in some of the other zoning actions that have taken place along the northwest quadrant of the intersection. We've acquired right -of -way additional to the canal right -of -way for purposes of relocating that canal. If we haven't acquired the right -of -way yet, we have commitments for that right -of -way. We also have commitments for future planning for developments over there. As they connect, they will configure their roadway connections with the new canal location in mind. So that's all in the master plan, the process. We do have a long -range plan for that intersection. There's also an interim plan for that intersection. And we're working on acquiring both the dollars and the land for the long -range plan so that we don't have to do it twice. COMMISSIONER EBERT: Okay. MR. PODCZERWINSKY: Okay. COMMISSIONER EBERT: All right. Thank you. MR. PODCZERWINSKY: Yes, ma'am. CHAIRMAN STRAIN: Anybody else? Page 23 of 28 16 A4 September 20, 2012 (No response.) CHAIRMAN STRAIN: Okay, thank you. And do we have any registered public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Does anybody from the public wish to speak on this item? Nicole? Nicole, by the way, the reason that there wasn't many environmental questions, at least from me, was because I know you and other organizations have reached an agreement environmentally, and I think a lot of us have faith that you guys would look at it as closely, if not closer, than we would. MS. JOHNSON: Thank you, exactly. Thank you. For the record, Nicole Johnson, here on behalf of the Conservancy. And as was mentioned in the staff report and by Rich, and you alluded to, there is a settlement agreement between the Conservancy and other environmental organizations and the owner /developer of the Mirasol project which ends about a decade of litigation on this parcel site. I did review the PUD amendment, and it is consistent with our settlement agreement, so I did want that on the record. And in my conversation with Commissioner Ebert, she had asked, big picture -- and this really doesn't deal with your decision today, but I think that it puts it in a good perspective. Big picture with the three Cocohatchee slough projects, those being Terafina, Parklands, and Mirasol, what did, essentially, a decade of litigation, negotiation, and settlement achieve? And so I did want to just share that with you for, essentially, informational purposes. And this map is a side -by -side comparison. It's for illustrative purposes only. We didn't have shape files, so this was, essentially, hand drawn on the maps. But it does indicate that pre - litigation. You have the Terafina project, the Parklands project, and then the Mirasol project, and one of the largest concerns that the environmental community has -- had was that the Mirasol project did cut off the wetland connection from the north to the south going toward the Cocohatchee slough. And so through settlement with Terafina and Parklands, we were able to negotiate a good amount of additional preserve on the Parklands site, and through the Mirasol negotiations, we were able to negotiate a western preserve that created a wetland connection all the way down to the Cocohatchee slough. All told, the Mirasol project will be preserving 1,125 acres. That includes an arm of the Mirasol project in this area that is not part of the PUD, but it's part of the Water Management District process, so we include that in the acreage. Parklands, 871 acres preserved, and Saturnia Falls, 545 acres preserved. So I think this gives a good visible depiction of our 10 years fighting, then negotiation, and then coming to settlement and agreement. So just have that for your information. CHAIRMAN STRAIN: Great. I'm glad you -all hung in thereto get at least abetter result than what we could have had otherwise. Actually, it would be better if we just voted no on Mirasol, wouldn't it? MS. JOHNSON: We're satisfied with this. CHAIRMAN STRAIN: Good comeback. Thank you, Nicole. Okay. That's the last of the presentations. Richard, did you want to comment on the -- either the maximum length of the buildings or the number of units? MR. YOVANOVICH: I believe -- well, we're -- we would be satisfied with a maximum length of a building of 300 feet. And I know we've done that for other projects recently. That number seems to stick in my head. I think I was at the podium saying that number before. CHAIRMAN STRAIN: Okay. As long as there's something in there. Everybody fine? Is there anything else that anybody on the board would like to ask of anyone at this point? Okay. With that -- MR. YOVANOVICH: And that was in length, right? CHAIRMAN STRAIN: Yeah, not height. MR. YOVANOVICH: Okay. I just want to make sure. CHAIRMAN STRAIN: Do we have any -- any rebuttal to anything? There was nothing negative, so I'm Page 24 of 28 16 12 September 20, 2012 assuming you're okay. MR. YOVANOVICH: I hope not. I hope that you -all can support staffs support of all of our deviation requests as modified. I hope -- I think it leads to a very good project, and I hope we can get unanimous approval. We've worked hard to do that, as you can -- I think as Nicole will attest to. CHAIRMAN STRAIN: Oh, it's a good outcome. And from the environmental perspective, that's very positive. So I think that's a good thing. Go ahead. Diane. COMMISSIONER EBERT: Ray, were you able to -- MR. BELLOWS: Yes. COMMISSIONER EBERT: Okay. I asked Ray a question on a deviation for the signs, and he was going to check along Immokalee Road. MR. BELLOWS: Yes. I pulled up the PUD for the Heritage Bay PUD/DRI, and it has extensive sign regulations in there. This PUD was approved prior to the way we currently list deviations from the code, but it is an extensive five -page list of sign regulations contained in the Heritage Bay, which would allow for boundary markers along -- similar to what's being proposed here. COMMISSIONER EBERT: Okay. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: With that we'll close the public hearing, and we'll go into discussion on a potential motion. I have a list of 15 items that we discussed as we went through this. If everybody would like, I'll read them all, and we'll get consensus. First item is on Exhibit A to eliminate Item B4. Second one, the deviation on the models will be capped at 40 units, and there will be -- as staff has requested, there will be a tally provided as it goes along. Three, the side setback and the distance between principal structures for multifamily will be half the building height for both principal and accessory. Four, notes on the master plan, we're going to add, the relocations will be consistent with Land Development Code and that the -- change the word "may" to "shall." Five, Item B 1 on transportation, we're going to remove the acreage value and agree on an appraised amount as a value, future appraised amount. Six, the temporary clubhouse facilities will be constructed, and it will be the locker room and pro shop by the 100th CO, and the permanent facilities will be completed by the 500th CO. Seven, that new transportation language in No. 6 per the handout, and Heidi will review that with the applicant and bring back some language that's more acceptable to her in legal format by the consent agenda. Eight, remove the reference to equestrian trails in the preserves. Nine, leave the zero or 10 feet in for accessory structures. Number 10, set the height for accessory at 35 feet and 45 feet for all categories. Number 11, add "per unit" to the minimum square foot on the table. Number 12, remove the flag lot requirement in the table for townhouses. Number 13, reduce townhome minimum lot to 2,000. Number 14, label as "private spine road," the road that's on the master plan, and clarify Development 14 language in regards to that. Number 15, the building length will not -- the building length of any style will not exceed 300 feet. Does anybody have anything? Brad? COMMISSIONER SCHIFFER: Question, one thing, Mark. Go back to the multifamily. CHAIRMAN STRAIN: Yes. COMMISSIONER SCHIFFER: Does -- the side setback we know is one -half the building height. Does that match what you said? Page 25 of 28 161 N4 September 20, 2012 CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: And that the distance between structures is one -half the sum of the building heights; is that what you said? CHAIRMAN STRAIN: I said one -half the building height, but -- MR. YOVANOVICH: We did agree to, on the principal structures, that it would be one -half the building height, one -half the sum of the building height. Separation of -- separation of principal structures on -- CHAIRMAN STRAIN: Distance between principal structures is half the sum of the building height, not half the building height. That's right. MS. ASHTON- CICKO: Is there also a change on accessory structures, or are you going to just keep the zero or 10? CHAIRMAN STRAIN: No, we -- I -- that does -- half the setback -- half the building height applies to both the principal and accessory for side yard and -- MS. ASHTON-CICKO: For the multifamily. CHAIRMAN STRAIN: -- the difference between principal structures? MS. ASHTON- CICKO: Yeah. I had distance between accessory structures on same lot for multifamily, half the building height, and I wasn't sure about the distance between accessory and principal. Is that correct or no? CHAIRMAN STRAIN: I think that stays -- that's the one we changed to go zero or 10 feet instead of zero or 5, so -- MS. ASHTON- CICKO: Okay. COMMISSIONER SCHIFFER: And the -- is this -- the principal and accessory is five feet, zero or five feet; isn't that what you have in your chart? MS. ASHTON- CICKO: Yeah. CHAIRMAN STRAIN: He has it in the chart, but he agreed to go back to zero and 10. COMMISSIONER SCHIFFER: That's the one above. I'm on the one below. CHAIRMAN STRAIN: Right. I thought it was for both. Does it matter? I mean, it used to be 10 on both. On the one above they put zero instead of the 10, and now it would zero and 10 or 10, and the one below, it used to be zero or 10. Now it's zero or five. And I thought we were going back to zero or 10 for both. MR. YOVANOVICH: That's my understanding. COMMISSIONER SCHIFFER: I mean, I see nothing we gain by pushing an accessory structure five feet back more, I mean -- but if they're happy, they're happy. CHAIRMAN STRAIN: Does it -- I don't see what it hurts. But, I mean, you've got to have a -- COMMISSIONER SCHIFFER: In other words, if you have -- let's say you have a townhouse -- MR. YOVANOVICH: Mr. Strain, I'll be honest with you, I wasn't thinking about -- I was thinking about going back to the 10 where we had eliminated the 10. I had not thought about -- we would like to keep the 5 where we reduced it from 10 to 5 -- CHAIRMAN STRAIN: Okay. Then we'll put -- MR. YOVANOVICH: -- and put the 10 back in where we had eliminated it altogether is what I thought I was saying. CHAIRMAN STRAIN: Right. The only change -- but I had asked for clarification; I thought I understood them both to be clarified. But that's fine. I don't have a problem whether it's zero or 5. MR. YOVANOVICH: Right. CHAIRMAN STRAIN: So we'll just -- we'll leave the third line up from the bottom as zero and 5, and the fourth line up from the bottom will be the one that we change from zero -- to zero or 10. MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. Anybody else have any further clarifications? Kay, did you follow all that and the discourse afterwards? MS. DESELEM: I can't write quite as quickly as you can talk, but I got most of them, yes. CHAIRMAN STRAIN: Okay. I mean, I can always give you a copy of these or something. MS. DESELEM: I'll confer with Heidi. Yeah, that would be wonderful. Thank you. Page 26 of 28 A 4 x.612 September 20, 2012 CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Okay. Is there a motion? COMMISSIONER SCHIFFER: I'll make one. CHAIRMAN STRAIN: Go ahead, Brad. COMMISSIONER SCHIFFER: I move we forward PUDZ- A- PL2012000303 with a recommendation of approval. COMMISSIONER AHERN: And I'll second. CHAIRMAN STRAIN: Motion made by Mr. Schiffer, seconded by Ms. Ahern. Any further discussions? COMMISSIONER EBERT: With all the stipulations? CHAIRMAN STRAIN: Yeah, all -- you include all the stipulations, and the second as well? COMMISSIONER AHERN: Of course. CHAIRMAN STRAIN: Anybody have anything else? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6 -0. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: You got your wish, Mr. Yovanovich. MR. YOVANOVICH: I got my wish? CHAIRMAN STRAIN: Yeah, you got your wish. It was unanimous, so -- MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: Okay. And that brings us to the conclusion of most -- any items on the agenda. Is there any old business? (No response.) CHAIRMAN STRAIN: No new business. Public's comments? None. Is there a motion to adjourn? COMMISSIONER AHERN: So moved. CHAIRMAN STRAIN: Made by Melissa. Seconded by? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Karen. All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER AHERN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 27 of 28 612 1 Ae4 S ember 20, 2012 CHAIRMAN STRAIN: We're out of here. See you -all next Friday. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:56 a.m. COLLIER COUNTY PLANNING COMMISSION nl� a S ,CHAIRMAN 1MeN msc, ) ,ee_r, -e- ATTEST DWIGHT E. BROCK, CLERK These minutes approved by the Board on I ow L as presented V/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 28 of 28 A4 1 ,2 �, Se tembeL 20 'Special CCP A p p C/ UIR meeting Q TRANSCRIPT OF THE MEETING OF THE FRO WWRI COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 28, 2012 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the boo of". " "' Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: Mike Bosi, Comprehensive Planning Manager Corby Schmitt, Comprehensive Planning Jeff Klatzkow, County Attorney Heidi Ashton - Cicko, County Attorney's Office Page 1 of 55 CHAIRMAN: Melissa Ahern William Vonier Brad Schiffer Karen Homiak Diane Ebert Barry Klein Phillip Brougham ABSENT: Mark Strain Paul Midney Fiala Hiller Henning __j'/V- CoylL Coletta - -- Misc. Corres: Date: i\ g\ 13 Item* \LcZ2�y o�ir�s to: A 4 tA September 28 2012 k0al IC9/AUfW'meeting p PROCEEDINGS MR. BOSI: You have a live mike. CHAIRMAN AHERN: Good morning, everyone. Welcome to the September 28th meeting of the Collier County Planning Commission for the AUIR. If everyone would rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN AHERN: Before we get into the AUIR this morning, David Weeks is going to review a little bit of history on the Hussey settlement review that's going to be upcoming. MR. GADDY: Madam Chair? [Gino jl:�u /:`►�� 1 I:Mwfa MR. GADDY: Could I make a short public comment? MR. KLATZKOW: You'll need a roll call, ma'am. COMMISSIONER EBERT: She's here now. Let her do the roll call. CHAIRMAN AHERN: You want to go ahead and do the roll call. COMMISSIONER HOMIAK: Sure. Mr. Eastman is absent. Mr. Vonier? COMMISSIONER VON]ER: Present. COMMISSIONER HOMIAK: Mr. Schiffer? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER HOMIAK: Mr. Midney is absent. Ms. Ahern? CHAIRMAN AHERN: Here. COMMISSIONER HOMIAK: Mr. Strain is absent. Ms. Homiak is here. Ms. Ebert? COMMISSIONER EBERT: Here. COMMISSIONER HOMIAK: Mr. Klein? COMMISSIONER KLEIN: Here. COMMISSIONER HOMIAK: And Mr. Brougham? COMMISSIONER BROUGHAM: Present. CHAIRMAN AHERN: Thank you. MR. GADDY: Thank you, Madam Chair. My name is Peter Gaddy. I'm here on my own behalf and on behalf of the Golden Gate Estates Area Civic Association. I came here this morning because I'd like to express our thanks for the many years of service of Mr. Strain and Mr. Schiffer on this commission. This is the most important commission in the county outside of the Board of County Commissioners. And I think you'll all agree that Mr. Strain and Mr. Schiffer are two of the most knowledgeable and experienced individuals that have ever served on the Planning Commission. And I want to thank them, and I hope that the events of the last week have not embittered them and that they will come back to serve again. And I would ask this board to pass a resolution recognizing their service. COMMISSIONER KLEIN: So moved. COMMISSIONER,EBERT: I'll second. I second it. CHAIRMAN AHERN: Motion by Barry, second by Diane. All in favor? COMMISSIONER VONIER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. Page 2 of 55 6 ,,I 2A4 9 September 2 , 2012 pecial CCPC /AUIR" meeting COMMISSIONER BROUGHAM: Aye. COMMISSIONER SCHIFFER: I think I'll abstain, or maybe vote to upgrade it to a plaque. But Peter, thank you very much. MR. GADDY: You're welcome. CHAIRMAN AHERN: Okay, David. MR. WEEKS: Good morning, Commissioners. For the record, David Weeks of the comprehensive planning section for Collier County. Commissioners, on Tuesday of this week the Board of County Commissioners considered a lawsuit settlement, a Bert Harris claim brought against the county and others, by the -- what I'll refer to collectively as the Husseys. At that meeting, ultimately, the board directed that this matter be sent to the Planning Commission for public vetting. The settlement is complicated. It's complex. It's large in magnitude. And for that reason, I've provided materials to you today relevant to that settlement so you could have an abundance of time to begin reviewing this matter. The date has not yet been set for when this will become -- come before you. But, again, I wanted to give you plenty of time to start the review. In effect, it is a complex Growth Management Plan amendment. The whole issue pertains to the designation of the Hussey property, which is located within the North Belle Meade area. And, by the way, the packet that I provided to you includes this map and any others that I might put on the visualizer this morning. This is the Hussey property. You can see it's located in North Belle Meade. It's on the north side of 1 -75, east of Collier Boulevard, also east of the county's landfill. The site comprises about 966 acres. The entire site is designated rural fringe mixed -use district sending land and, as such, that means its land uses are very restricted. The Husseys -- well, let me give you some background first. Let me start with another map. This is the Future Land Use Map from 1999. This pre -dates the rural fringe creation. The sending lands, the receiving lands, the TDR program, none of that existed. You see a lot of white on the map, or white with some green speckling pattern; all of that white is the agricultural rural designation. And those -- with rare exception those properties were zoned agricultural. They allowed your typical agricultural uses, just like you would find in the "A" zoning district today. Agricultural uses, excavation, churches, childcare centers, and social fraternal organizations, so on and so on. Those types of uses -- some of them were allowed, by conditional use, but at any rate, that's how the properties were designated, including the Hussey property. When the rural fringe amendments were adopted in 2002, which was a result of a final order from the governor and cabinet of the State of Florida in 1999, the county had adopted some plan amendments in 1997; ultimately led to a final order by the governor and cabinet saying, Collier County, you're not doing a good enough job to protect your natural resources to curtail urban, to protect prime agricultural lands, et cetera. To address that -- and the final order went on to say, you've got three years to do an assessment of these rural lands and to come up with new regulations that adequately address these issues. The county divided up the rural area into two sections, the rural fringe area and what we call the eastern lands or rural lands. Citizen advisory committees were appointed, they had numerous meetings, a lot of publicity, ultimately concluded with the adoption of what we call the rural fringe GMP amendments. That's where we established the sending, receiving, neutral lands within the Rural Fringe Area and also where we established the Rural Land Stewardship Area surrounding the Immokalee area. And as I said earlier, the Husseys' property got designated as sending lands, severely restricted in its land uses, including no longer allowed to do excavation. The Husseys had participated in those rural fringe GMP amendment hearings, they protested their -- the designation being proposed as sending, and they took the position that their land had significant value for Page 3 of 55 N4 A September 28, 2012 "16 Alutw, meeting excavation purposes that exceeded any compensation that would be provided through the TDR program. And there's legal history that goes on, but we ultimately end up with, today, a proposed settlement agreement. Over time that settlement agreement no longer involved just the Husseys' property there in the North Belle Meade area, but came to include a second property which is located on the east side of Immokalee Road, north of Golden Gate Estates. Some of you might be familiar with it because it has a conditional use on the property for excavation. It's about 2,500 -plus acres. All of it is designated receiving lands, so it has, virtually, the same land uses, if not the same, as it had prior to the whole creation of the rural fringe GMP amendments 10 years ago. The Husseys have a part ownership in that northerly property, which is owned by State Road 84 -- State Road 846 Land Trust. Now getting to the settlement agreement itself. In a very broad way, the proposal in the settlement agreement is to do a partial swap in designations, take a portion of the Hussey lands and change its designation from sending to receiving and, therefore, allow receiving lands uses, including excavation, and take a portion of the SR846 Land Trust property, change its designation, a portion of it, from receiving to sending. The idea was -- some effort to try to maintain a balance of what we have today as far as acreages of designations, of amount of lands that would be protected, and the amount of density and TDR credits that could be generated and so forth. There is not a balance. But it's not too far off, I'll say. I think that's as far as I want to go. I don't want to get into a lot of detail with this. Certainly, the purpose today is only to give you an introduction to this, not to get into any deliberations or discussions of the contents of the agreement or the merits of it. That's for a later day when this is going to come back for a full vetting before this body. Some of this -- most what I've said, I believe, as far as introductory comments, are included in the cover memo on the packet you have. And, then again, there's a variety of documents. There's the executive summary that went to the board on Tuesday, there's the proposed settlement agreement itself, there's a staff analysis and summary of that agreement, and a variety of maps, including the two or three that I've provided to you here today. One exception, the 1999 Future Land Use Map is not in your packets. COMMISSIONER BROUGHAM: If I may? I have a question. David, this is Phil Brougham, no matter -- irrespective of where I'm sitting. The visualizer didn't work over there. Is there -- is this the extent of the materials that the commission is going to be provided, what we received today, or is there more information, data, exhibits to be provided? MR. WEEKS: You actually have more than was provided to the commissioners on Tuesday. COMMISSIONER BROUGHAM: So this is the extent of our homework? MR. WEEKS: For now. It's possible -- I suspect that as we prepare for your actual public meeting to discuss this, that staff may prepare some additional exhibits and/or analysis to provide to you. But this is the majority of it, certainly. COMMISSIONER BROUGHAM: Okay. Thank you. CHAIRMAN AHERN: Okay. MR. WEEKS: Thank you. CHAIRMAN AHERN: Okay. We're going to move on to the AUIR. Peter is the only person that's registered, so if anyone at any point wants to speak, please come up to the podium, and then we will acknowledge you at the end of each category. COMMISSIONER SCHIFFER: Melissa? CHAIRMAN AHERN: Yes. COMMISSIONER SCHIFFER: I'd like to interrupt. Yeah, some of these terminals are down, so could KD, I know you're listening to us in the backroom, report that we do need somebody to do a little tech work up on the dais. Thank you. CHAIRMAN AHERN: Did that get it? COMMISSIONER SCHIFFER: Sounds like Phil and Bill have a problem. Page 4 of 55 ld 14 H4 September 28, 2012 "Special CCPC /AUIR" meeting COMMISSIONER BROUGHAM: Mine's still down. COMMISSIONER SCHIFFER: I'm just butting in. CHAIRMAN AHERN: Okay. Mike? MR. BOSI: Good morning, Planning Commissioners. Mike Bosi, comprehensive planning manager and interim director of planning and zoning at the Growth Management Division. Today we're here to discuss the 2012 Annual Update and Inventory Report as well as the Capital Improvement Element Annual Update. For the past five years I've been the project manager for this particular document. This year we're continuing the transition that we started last year. Corby Schmidt has taken a lead role, and he's doing a terrific job. But I'm going to provide an overview of the AUK what it does, what it doesn't do, some of the key points that we can focus on moving forward, and then we'll go by the individual infrastructure provided to service providers for their capital improvement schedule and the program that they have put forward. I put together a short presentation. I would say for the Planning Commission, if you have any questions on any of the slides, please feel free to stop me. It won't disrupt the flow of the presentation in the least bit. Annual Update and Inventory Report, and that will be the long version. You'll hear AUIR a number of times today. That's basically what it stands for. And it's the annual one -year snapshot of time in the projected needs and the required improvements from all the infrastructure and service - providing departments and divisions based upon the projected population increases against the BCC adopted level of service. It should be noted that this snapshot changes as the change in the demand equations evolve. What does all that mean? It means that we expect in the next five years to receive a certain amount of population. That certain amount of population has to have services and infrastructures provided to it. The county has adopted levels of service standards. The amount of any one particular of that service, whether it be numbers of law enforcement officers, number of jail spaces available, the road miles that are available. All those are tied to levels of services. So when population is added to this county, we have to maintain that level of service, and that's what this Annual Update and Inventory Report does. That's what the Capital Improvement Element Annual Update does. It makes sure that the quality of place, the infrastructure that our businesses and our residents depend upon and have grown accustomed is maintained. And as a sidenote, we have, over the past two, three, four years, and rightfully so, we've had a lot of concentration, a lot of focus upon the issue of economic development because of the reality and the need within this county. This is the other part of the equation. We talk about, you know, attracting businesses for new opportunities for our residents to gain employment. And this is the other side of the equation. This is the development of the infrastructures that provide this county the competitive advantages that makes it more attractive to residents and businesses to be able to locate here and do business. So this is an important part of that conversation that we've been having for the past couple years of how do we make ourselves more competitive, how do we attract more businesses, how do we grow our job base. And this is, like I said, done on an annual basis and based upon the fluctuation of the demands that we expect. What's included in the AUIR? There's -- the concurrency facilities, these are the ones that development has to satisfy before we can gain a final development order, whether that be plat or whether that be an SDP. There has to be capacity; there has to be concurrency for any one of these components. Those are roads, drainage, potable water, wastewater, solid waste, parks and recreation, and schools. The ones in red are the ones that are now optional. The state has provided each local government the ability to make their own decision whether they want to maintain these types of requirements. The Board of County -- the Board of County Commissioners has always -- has always defended our concurrency management system and said we want to maintain these levels of service, because I think it ties back to sense of place, that competitive advantage that we want to maintain to make sure that Collier is an attractive Page 5 of 55 1612 . September 28 2012 "Special CCPC /AUIR" meets g location for not only residents, but also for businesses. And then we have our Category B facilities, jails, law enforcement, libraries, EMS, government buildings, and the two dependent fire districts, which are Ochopee and Isle of Capri. COMMISSIONER BROUGHAM: Michael, if I might ask a question -- MR. BOSI: Yes, sir. COMMISSIONER BROUGHAM: -- regarding level of service standard. What is the process, if any, in the county whereas changes can be made to the length, width, and depth, my words, of level -of- service standards? I mean, on the surface, some of the calculations look very simplistic, you know, the number of population times the number of acres, for example, gives you the level -of- service standards. And it's -- to me it's a very shallow measure, so -- is there a process to -- can we revisit those? MR. BOSI: And I'm glad you asked that question, Commissioner Brougham, because this is the process. And one of the things at the end of this PowerPoint, I'll say, one of the recommendations that we seek from the Planning Commission on this annual basis is whether the Planning Commission feels that the level of service that we have is appropriate. And that is -- that ties into some of the informational demand data that we provide for the various components, the parks, the EMS, the libraries, the type of utilization that is being demanded upon those services. Those help formulate your opinions and your determination as to whether there has to be an adjustment. A good example is, on regional parks, the acreages for regional parks. At one point in time it was over two acres, you know, per thousand per capita. We have subsequently, through -- and it was initiated through recommendations from this Planning Commission that the Board of County Commissioners realized that the abundance of state and federal lands really does make this a unique community. Sixty -seven percent of our land is covered by conservation, state and federal lands, and because of that they recognize that maybe the need for regional parks is not as great as we once had determined. And based upon that, they've lowered that level of service. The same thing for jails, the same thing for the number of sheriffs officers per thousand, based upon those conversations with the SO office. COMMISSIONER BROUGHAM: So we'll get an opportunity, if there are any further questions or suggestions as we go through each department, that we can -- MR. BOSI: And one of the recommendations I -- we'll ask is if there is a component that you believe that the level of service needs an adjustment, whether it be up or down -- COMMISSIONER BROUGHAM: Thanks. MR. BOSI: -- to make that, and we will carry that forward to the Board of County Commissioners in representation of the Planning Commission's opinion. And Commissioner Brougham had pointed out the simplistic equation, and my next slide will get into that. But part of that equation, one of the primary factors within that is population. And there's always a question of how do we determine population. And it's something that is out of our hands in the sense that we pick -- we choose what level of population projections from the University of Florida Bureau of Economic and Business Research, the BEBR department, that does the population projections for state, for -- and it does for all the counties in the jurisdictions. There's very few that have developed their own population methodology. The Board of County Commissioners, in 2008, went through -- went through an analysis. We used to have a methodology of population where our population was a combination of BEBR high and BEBR and BEBR in our permanent population with a percentage ratio. It was pretty confusing based upon that -- based upon the complication within formulating those population levels, as well as the slowdown in our population growth, the Board of County Commissioners decided upon the BEBR median population projections with an additional factor. As you know, we are -- we are a seasonal community, not as much as we once used to be, but we still have that seasonal influx that everyone recognizes. And we have our permanent population, but then we have our peak season population. And the second bullet point talks about our seasonal population, and that's 20 percent above our Page 6 of 55 16 1 ZA 4� September 28, 2012 "Special CCPC /AUIR" meeting permanent population. And the question is why would you -- why would you program your capital improvement, your infrastructure to a level above your permanent population? Well, we know between December and March and April, there's a fluctuation. There is an increase within the demands upon our systems. And if our systems aren't adequately addressed and contemplated to be able to handle additional demand, there can be issues in terms of availability and issues of providing those services. So based upon that we've recognized those increases in demand, and we decided upon that 20 percent. And we've done numerous studies that have determined that at any one point in time in March or in February you may have a 33 percent increase within our population, but we don't want to -- we do not want to build our infrastructure to that top hundredth or that top 10 or that top hour of demand. That is fiscally unattainable. The excess in infrastructure you would have for the nonseasonal months, I don't -- would not justify that level of capital expansion. So 20 percent is below that high mean, but it's a number the Planning Commission in the past, and also the board -- and more importantly, the Board of County Commissioners, has determined is what is appropriate to find that medium between our highest demand of our seasonal population and our peak -season population. COMMISSIONER SCHIFFER: Question. Madam Chair, can I ask a question? CHAIRMAN AHERN: Absolutely. COMMISSIONER SCHIFFER: Okay. When you look at the data here, you're showing 2010 as an estimate. How did the census come out compared to what we've been estimating and projecting? MR. BOSI: The census we set -- the census was lower than what -- in previous years moving forward. When the 2010 census came out in about the end of 2010, 2011, it was a resetting. It really said the population that we had expected, the estimates that we had were above the reality of the residents that we had on the ground. So based upon that, the 2010 census, really, we set our population or recalibrated our population moving forward. And what that did -- and I'll talk about it a little bit later -- is what it did is it provided us more time before most infrastructure- providing departments will have to build that next facility. We were expecting -- in 2007, 2008, 2009, we were building to an expected demand that never materialized, and that 2010 census really confirmed that. But because -- the nature of capital improvement programming, the time frame associated with it, you can't just put on the brakes abruptly. And because of that, most of these -- most of your components of the AUIR will not have an improvement. Roads and drainage are the two areas where there's actual capital being spent. All of the other divisions right now are saying, we are planning, we are taking adequate steps to make sure that next improvement, when it is needed, will be the most effective and efficient in terms of its placement and its overall service provision. But those are not being provided for within this first five years. They're in the outer years. And as we continue to look at our population rates, which I will talk with in a second, we make those adjustments as to whether we need to continue to push them out, leave them stagnant, or if we see an increase in demand. We will pull them closer because we see the gap between what we have available and what we're required to provide becomes a little bit closer. But that's the advantage of why we do this on a yearly basis. COMMISSIONER SCHIFFER: And let me --so the numbers in 2010, do they reflect the census? When you said you recalibrated, did you replace all of our projections, in essence, with the census numbers? MR. BOSI: The projections from 2010 were influenced most greatly within this year's projections from the BEBR. Last year's were influenced as well, but the 2010 have been -- have been fully integrated within their projections for this year. The slide that I -- I think it's Page 4 of your executive summary, that shows what -- the year and what we were projecting, those aren't -- those haven't been influenced. Those are what, historically, we would have. COMMISSIONER SCHIFFER: My question's really -- the simple question is, is the 2010 numbers here the census? Let me try that. Page 7 of 55 16 1 z 4 September 28 2012 "Special CCPC /AUIR" rieetin g MR. BOSI: Yes, yes. COMMISSIONER SCHIFFER: Okay, perfect. COMMISSIONER BROUGHAM: Which number? Excuse me, Brad. COMMISSIONER SCHIFFER: The 2000 --they call it an estimated 2010, but, essentially, that's census 2010. MR. BOSI: Correct. COMMISSIONER SCHIFFER: Thank you. COMMISSIONER BROUGHAM: On Page 4's table? COMMISSIONER SCHIFFER: Well, I'm in the appendix. CHAIRMAN AHERN: Well -- and I'll mention, you can see in 2010 we are projecting 333, and then it ticked down a little bit after the census. COMMISSIONER SCHIFFER: Quite a bit. MR. BOSI: Absolutely. How much -- and relevant to our discussion in this slide is how much do we build? For the majority of it, it is a rather simplistic equation. It's our new population multiplied against our level -of- service standard, and that's what our Capital Improvement Program is. That's what drives the amount of any one facility. An example is the library. If we were projecting for this -- for a five -year period 333,536 people, and our level of service was .33 square feet for every person that lives within this county, the multiplication would be 33,536 times .33, and that results in the amount of additional square footage that we need to provide to maintain the level of service that this county has deemed as appropriate. Of course, those three -- the 33,536, those new people that we add to the system have been associated with dwelling units that have been added to this system at one point in time that have impact fees, and those impact fees help pay for the expansion of our capital system. So the expansion of our capital system related to growth is not placed solely on the shoulders of our existing residents, but the new residents have a share; they have skin in the game, so to speak, to pay for those new improvements. Now, they're not always at 100 percent, and there's a number of reasons why. Maybe a community does not want to have those impact fees at 100 percent, but that's a policy debate. But this county has always lived by the mantra that new growth will pay for the new facility, and that's why the impact fees are -- and that's why the relationship between impact fees and the Capital Improvement Program exist. COMMISSIONER BROUGHAM: Can I ask another question? CHAIRMAN AHERN: Sure. COMMISSIONER BROUGHAM: I guess this is more or less a follow -on to my previous question. If you could go back to that library -- the previous slide which illustrates the library, and let's just take, for example, the population you know for whatever reason, you know, jumped up tremendously, and that dictated that we need to plan on and, in fact, carry through and build another library. So funds are acquired somehow, some way, and we build another library building. And so we have a building sitting there that satisfies the level -of- service standard that may be unmanned and may be empty of books because, as I understand it, those components of cost, operating costs, if you will, are not included or recognized anywhere in this particular exercise. MR. BOSI: You're correct. The books are, the books are. The materials are included. Staffmg, operational expenses are not part of the AUIR/CIE. That is a part of the capital budgeting program of the Board of County Commissioners. I believe those type of -- those type of programs are extensively reviewed by the Productivity Committee that deals with those fmancial matters. The Planning Commission, as the role -- as the land -use agency for Collier County, the focus of this effort is for the planning for that new growth. And I understand it's only part of the equation, so the Planning Commission doesn't have a lot of opportunity to weigh in on that operational -- the budgeting and the question you had asked about -- prior to this week about replacement of older obsolete facilities. COMMISSIONER BROUGHAM: Right. MR. BOSL• Those are part of a separate process. I think the county manager has initiated an asset management program, and the long -range Page 8 of 55 1 O '.-c w September 28 , 2012 "Special CCPCkk meeting prospective is to bring those together with our capital improvement programming to be able to give you a little bit more of a snapshot of the full revenue picture as well as the planning considerations. COMMISSIONER BROUGHAM: One more note. Just to adjust my questions along those lines -- and I'll use parks this time as an example, because I'm very familiar with parks' facilities. According to this AUIR, we have more than adequate parks' facilities. We're meeting and exceeding our level -of- service standard; however, there are certain amenities within our park system that are 10 and 15 years old that, quite frankly, are falling apart. I mean, they're falling down. And I respect what you say that there's another process that's being constructed and evolved and so forth and so on that will begin to address that. But to me, it doesn't make a lot of sense if we were to become -- or if we were to fall below our parks' level -of- service standard to go out and actively acquire more parks' acreage or build a new facility when we can't keep up with the maintenance of existing facilities. And if I look in the roads and the transportation section of this AUIR -- and I stand to be corrected -- but I see capital improvement projects in there. Repaving an existing roadway to me is, hey, the existing roadway is falling apart. We've got to go in there and repave it. To me that's not a lot different than the East Naples -- what do you call them, the roller board parks and so forth that are made out of wood and falling down, you know, aren't addressed as would paving the road. MR. BOSL• And you're correct. And in transportation, and because they show -- their noncapital -- their noncapital programs as the resurfacing and the other programs of expenditures within transportation program that's underneath your capital improvements, that really sets a template, and that's why the county manager has us moving in that direction to try to provide that full picture for all of the facilities. We just haven't gotten there yet. But the intention is to bring that type of information with -- into this component, because it is currently, right now, a separate process. And you're right, the separate process -- looking at two halves doesn't give you the whole. And the one reason I will say the -- that there has to be an understanding is when you have growth that comes in, as you would say, and if you're paying for new improvements when you've got -- when you have -- for parks, would be a good example. If you've got some facilities that need to be replaced, the reason why you still have to continue to build those parks is because of the levels of service and because of the requirements within your impact fees. Those impact fees are demanding that they can only be spent to provide for the new facilities associated with that new population. So that's why that segmentation and that's why you have something that would seem counterintuitive. Why would you be building new facilities when you've got older facilities that need to be replaced? Trying to bring that full picture as part of that asset - management program which is -- the intention is to bring that as one document to the Planning Commission, to the Board of County Commissioners. But you're 100 percent right, Commissioner Brougham. COMMISSIONER BROUGHAM: Thank you. COMMISSIONER SCHIFFER: Mike, one thing, just to be clear, is impact fees will buy -- and, again, the new library, the new parks. The added tax base is what's going to pay for the operation of it. MR. BOSI: Absolutely. It helps -- COMMISSIONER SCHIFFER: It's not an equation that isn't balanced. MR. BOSI: You're absolutely right. There is a -- those new individuals not only have the -- have the responsibility for the impact fees, but they do contribute to the tax base and sales tax and all the other revenue funds that we have associated with it. COMMISSIONER SCHIFFER: From that day forth. So that's where -- COMMISSIONER BROUGHAM: If budgeted. COMMISSIONER SCHIFFER: Well -- but they'll be taxed. They'll be due that. I mean, if the people aren't budgeting, you know, the repairs and the staffing, that's a problem that isn't in this room, you know. MR. BOSI: And you're right, but eventually it will -- that -- at least the obsolete and the facilities that do need replacement, the intention is to bring that picture in as well. Even though we're not going to ask, Page 9 of 55 4 4 September 28, 2011 "4ci 1 C /JkI ' meeting and the financial scrutiny is not one of the primary focus of the Planning Commission, but just to provide also the level of detail that the Planning Commission is accustomed to being provided. COMMISSIONER EBERT: Mike, when do you think that will happen? Do you think it will be by next year's AUIR? MR. BOSL• We were hoping to bring a little bit more of it into this year's AUIR. It's just the coordination between all -- the OMB, the various departments, their individual planners, comprehensive planning, who coordinates it all, it just -- it wasn't -- it wasn't advanced enough to bring it in so we can present a good product to the Planning Commission. COMMISSIONER EBERT: Okay. Thank you. MR. BOSI: Also, other reasons for the AUK it establishes a rational nexus between the utilization of impact fees for both categories. I think we just spoke about how that relationship works, and it's also an approximation of the revenue projected over the capital period to determine the county's ability to construct the adopted levels of service, and that's -- it's an important part of the overall BCC budgeting process. Whose idea was this? Sections 6.02 of the LDC requires the county to provide that public facilities and services meet or exceed the standards established in this CIE required by sections of the Florida Statutes, and that's the premise. Growth is going to pay for growth. We're going to maintain the sense of place that Collier County, its residents, its visitors, and its businesses have grown accustomed, and we're not going to allow the new populations that come in upset that balance. So the program and the strategy is to provide for and maintain that levels of service. It was established in 1994, and it's -- really, one of the things that I did in 2008 was a level -of- service comparison, and I think it goes to one of your original questions, Commissioner Brougham, and it was trying to make the determination, how do we stand? How does the county stand against various other communities? We were on par, if not maybe a little bit higher for the most part, but within the range of similar type of counties, the Sarasota County, Manatee County, those type of similar populations. But one aspect that we provide that I have not been able to determine that any other of the counties or jurisdictions that I -- that I've studied is, we talk about libraries' levels of service, we talk about jails, law enforcement, the fire district, government buildings in a public vetting as what the public feels and the Planning Commission, the Board of County Commissioners feels is appropriate. I've yet to find a county that has that type of a discussion in terms of those type of amenities and what the community feels as important. So we take on a little bit more responsibility. We go above and beyond what is required, but I think that's just by nature of how the county wants to make sure that what we're providing is what the community is expecting and what the community is demanding. CHAIRMAN AHERN: Mike, are those other counties also funded only by impact fees? MR. BOSI: No. One of the things that we did find is one of the greatest -- and not hampering towards our capital improvement programming is that that penny -- the percentage for capital improvement programming. Lee County's a good example. They have other sales tax. A percentage of it goes -- is dedicated to capital improvement programming. And what that does, it helps growth really, truly pay for growth in a sense -- in a sense that you have your impact fees that make up a portion of the total cost of providing that new facility, that new infrastructure. But there's a gap. There's always a gap between how much impact fees are collected and the final cost or price tag for that new bridge or that new road, the new library, whatever the facility may be. If you have that -- if you have that percentage sales tax or another dedicated funding source outside of your general revenue tax base, it helps close the gap in the hole, and it really does alleviate the burden from your existing property tax -- property tax base, but it's more tied to your sales activity. That's a much larger policy debate that I think the Board of County Commissioners has had in the past and will continue to have as we -- as we look forward, look at the price that we have associated with the cost of providing the infrastructures to the levels of service and whether we feel that that, at one point in time, is an appropriate step that we take. That will be from the purview of not only the recommendation from the Planning Commission but, ultimately, the decision that the Board of County Commissioners will make based upon the recommendation Page 10 of 55 p 7, d, /' y, �l i LJ n )' 1 September 28, 2012 "Special CCPC /AU1R" meeting that we provide from the various bodies but also the discussions that they have with the community. As I said, AUIR is the blueprint for concurrency. It's also the preparatory document for the Capital Improvement Element of the Growth Management Plan. Statutorily, no longer is that required to be done and sent to the state. We continue to -- we continue to update it annually because we want to maintain the levels of service. We provide it to the state DOT -- or FDOT as courtesy copies, but it's really -- has really become an internal decision and an internal document that we at the county have much more control of than we had just two years ago. As I said, our population numbers, one of the things that -- in the past couple years that we have been, not struggling with, but very close attention has been paid to is what is the level of growth that we're going to expect in these five -year periods. 2007 was kind of the -- starting the tailing off of our population expansion that we had at the first part of this -- of the prior decade. And you saw almost a 20 percent increase we had projected for our five -year period. And you could imagine the AUIR, the capital improvement programs that we were taking at that time, the number of improvements that we were showing. As each subsequent year went by and as the impacts of the recession, of the economic downturn were materialized upon our growth rates, you see it. You see the effect that it's had. And what does that mean? For the past four years we're now projecting under 2 percent on an annual basis where, in 2007, it was three times that amount at almost 4 percent annually. It would indicate -- I mean, we start -- now start having a statistically significant sample that four years starts to determine a pattern. And the pattern would be that our growth rates have changed from what they were, and they are now at a -- you know, below a 2 percent. And what I would say is, if you look at that compared to the first part of 2000 to 2007, it seems like, you know, we're not growing at all. But from an individual who grew up within the Midwest in -- and seen places have an annual reduction within your population, there's many jurisdictions, there's many counties that would love to have a 1 to 2 percent annual growth rate. And if you think of that type of predictability, if it does maintain, that allows for a continuing expansion of our property tax base, but it doesn't place an overburdensome onerous in terms of getting these infrastructures in place as soon as we can possibly get. It allows for a more predictable and, I think, a more organized and mannered way for providing these infrastructures. We will continue to monitor that as we move forward. And as we see spikes, whether it be up or down, the program and when those infrastructure improvements are going to be required will be reflected as such. What are we asking the Planning Commission to do today? One, accept and approve the attached document as the 2012 Annual Update and Inventory Report on public facilities, give the BCC direction by separate motion and vote on each of the Category A and B facilities relative to the projects and revenue sources as set forth, and also for inclusion within our annual update to our CIE. So for each -- after roads, we're going to ask you to make a recommendation upon those roads to the Board of County Commissioners. For utilities -- for each of the utilities, for stormwater, for potable water, for solid waste, each one we're going to ask you for an individual recommendation. For the Category B facilities, in the same manner. Also I provide a recommendation that the school district C113 -- CIP be included in the annual update by reference. It's one of those facilities. It's part of our concurrency management system. It's part of our growth management. We have a public schools facility element. But the actual work plan, the programming, the budgeting, is the responsibility of the school district that's in concert with the coordination and the data sharing that we provide to the school district, but that is a process outside of general purpose county government, but the relationship we have is defined and established within the Growth Management Plan in the Public Schools Facility Element. And just to provide you one heads -up -- and it's a mistake on my part, and I shoulder the blame for it. The -- at Page 1 of your staff report, it indicates that the school working group -- every month the county, the jurisdictions, your Naples, Marco Island, Everglades City will meet, talk about the issues for planning and the various improvement process. At that meeting it was contemplated that the school district may have a Page 11 of 55 September 28, 2012 "Special CCPC /AUIR" meeting recommendation to no longer maintain the concurrency management system, but through discussion with their -- with their management and administration, and I believe the school board -- the determination is the school district would like to keep concurrency management at that time. So the recommendation -- and we're going to ask the Planning Commission to also make a recommendation upon whether the -- whether the county should maintain school concurrency. Just to give you a backdrop, the Board of County Commissioners, when this came up last year at the AUIR/CIE hearing, had said, we defer to the school district. It's really -- because they administer the concurrency management system, they apply it. It's really their decision. So what -- the decision that the school district is going to make is what they're going to echo. The school district wants to maintain school concurrency, and we're going to ask the Planning Commission to provide that perspective. And just to give you a brief overview, it's similar to roads and potable water. A development that's coming in, not at the PUD stage, not at -- not at the rezoning stage, but when they would come in for a DO, an SDP, a Site Development Plan, or a plat, the capacity within the school system is evaluated as to whether that program could move forward. So it's quite -- it's just as similar, and the process works just as similar as road concurrency or concurrency for public utilities. And it's an important part, I believe, of the coordination effort, and the school district at this time would like to maintain it. Another of the bullet points that we ask of the Planning Commission is as you're reviewing the individual divisions and departments, if you believe an alternative level of service should be recommended, please do so. If you think that we have too much or too little of one commodity and you think that we need to provide more or less of it based upon some of the demand factors that are contained within it or what other considerations that you may believe is relevant, we ask that the Planning Commission -- and this is that opportunity, this is that one opportunity that the Planning Commission has to be able to weigh in on the levels of service. We have made a number of adjustments downward based upon those recommendations, and those are tied to law enforcement, tied to jails, tied to parks based upon how the Planning Commission has provided recommendations to the Board of County Commissioners. Third, forward the GMP schedule -- CIE schedule update to the BCC with a recommendation to adopt. And, finally, to provide the BCC with a recommendation regarding maintaining school concurrency, as I discussed. That is the end of the presentation, the overview. Any questions that you may have related to any of the topics that we had before we get to the individual divisions and departments? CHAIRMAN AHERN: Anyone? COMMISSIONER SCHIFFER: Yeah, I do, over here. Bill, you can go first. COMMISSIONER VONIER: Mike, as we talked by phone this week, being the first time it was -- I was interested in your table --your BEBR table that you showed. And for 2012, that 328,339 population number doesn't appear anyplace else in this report under population, and that threw me to begin with as we talked. So as we go through this for each section, I'm going to be very interested in the specifics of how the number was arrived at based on what I think is your peak number, which was found at the end of the book, not at the beginning of the book. MR. BOSI: Correct. And, most certainly, for newcomers to this document, it can be confusing in terms of that mannerism. Because the 328- is our permanent population for 2012. The populations that we're going to be focusing upon, that's our starting point. But the majority of our service providers, their infrastructure is based upon peak -season population. So it's that number with a 20 percent increase, and then that compared against what -- the projections with that 20 percent increase. So each component will have how we derive what population figures we utilize to drive that Page 12 of 55 161e A4 September 2 8, 2012 Special CCPC /AUIR " meeting equation. And to make it even more complicated for you, the drainage component, the transportation component and, to some extent, the public utilities component utilize this population, but it's not the sole driver. Their equations for demand is a little bit more -- is a little more elaborate, not as simplistic at some of the other components, and they will -- I'm sure that they will be able to provide a little bit more insight towards how that is. COMMISSIONER VONIER: Well, I was interested in being able to, mathematically, take the population number and adjust it by something for each of these specific areas. MR. BOSI: Well -- and that's the -- that's what the graphs after -- and we'll get -- a good example is on Page 71 of your book is community -- community and regional parks. And as you can see, it says "facility type" at the very top of the page, facility type, community and regional parkland. Let me put this on the visualizer. As you can see under level of service, it says 1.2 acres per thousand and in parens it says "community." And then underneath the unit cost it says "community parks." It says, utilizing the peak season population for unincorporated area of Collier County. So that's telling you the population subset that we are going to utilize is unincorporated Collier County, excluding the populations of the municipalities, but also with that 20 percent increase. And then on the following page, or not the -- but Page 73, those -- that provides your mathematical equations as to how the total number that is going to be applied to that equation is determined. So for 2012, that -- the unincorporated population with the 20 percent increase is 352,048 people. And for each component of the AUK there is kind of that Rosetta stone at the very beginning of the document that says, this is the population that's assigned to this geographic -- or to this individual infrastructure provider and that corresponds to the graphs that had -- the numbers that are associated with those populations. And as we go through each one, we'll make sure that we point out the population that's utilized and how that was derived. COMMISSIONER VONIER: That's an interesting comparison, because on Page 72 it shows the unincorporated peak population as 382,310, not 352,048. MR. BOSI: That 382,310, if you look at the last year of the five -year program, the 2016/2017, that is the total population that we will have to satisfy at the end of the five -year program. COMMISSIONER VONIER: Okay. MR. BOSI: The starting point is the 352 -. And that starting point of 352- is our permanent population times 20 percent, and that's how we get the starting point, and then the end point is the 382,310. It can be very -- it's confusing, but it -- really, it's -- that top of each summary page will tell you the population numbers that are utilized, and then that graph kind of explains the math of how we've arrived there. CHAIRMAN AHERN: Anyone else? COMMISSIONER SCHIFFER: Yeah. Mike, just go over what relationship if we change a level of service has to impact fees. MR. BOSI: I'm sorry? COMMISSIONER SCHIFFER: Changing a level of service in the AUIR, how does that affect the impact fees? MR. BOSL• If the level of service is changed below -- if the recommendation is to change the level of service below -- let's utilize community parks as a good example. If we've got 1.8 acres per thousand and we lower our level of service below the 1. -- the 1.2, if that's expressed in our impact fees -- if our impact fees are being charged at X number of acres for community parks and that translates to 1.2 acres per thousand, if we lower that, then we have to lower what -- we have to lower that amount within our impact fees as well. We can't charge our impact fees above what we've adopted as our level of service. COMMISSIONER SCHIFFER: So the point taken that, yes, we can play with the level of service here, but the ramification of it and the impact fees we have to be very careful. MR. BOSI: Yes, most certainly. And Amy Patterson is our impact fee manager. She will be able to get into a little bit more of an explanation other than the clumsy one that I just gave you. But she can give -- Page 13 of 55 16 12 a4 t,-A September 28, 2012 "Special CCPC /AUIR" meeting and you're right, Brad, there is -- there are implications. And one of the things -- you'll hear that we just need to lower our impact fees, you know, to attract more businesses. The problem with that is, though, it places a higher burden upon the cost of that new growth upon our existing residents. So that's why it's a delicate policy decision that the Board of County Commissioners has to make when they're deciding what is the impact fee level that they have to -- that they -- that they want to set. Because it's not just one consideration, Brad, as you've, you know, accurately pointed out. There's other implications and considerations that most certainly, have to be made. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN AHERN: Anyone else? Mike, are you -all set? MR. BOSI: Yes. If the commission's ready to go into individual sections -- CHAIRMAN AHERN: Okay. Is there any rhyme or reason for the list on our agenda versus the book? MR. BOSI: The agenda -- and that's another -- the agenda that -- the program of who we were going to see first was reflective of last year. I hadn't had the conversation with EMS or emergency management whether the fire chiefs needed to go first. I would say push those back to behind -- right behind the EMS version, because Dan Summers may be able to provide -- if you have any questions. I know the program, but if you have any specific questions, we can address it at that time. I would suggest starting off with roads and then going down from there. CHAIRMAN AHERN: I think I figured that one out, since they're standing. COMMISSIONER BROUGHAM: They're lurking. MR. BOSI: And with that, I will turn that over to the roads experts. COMMISSIONER SCHIFFER: Well, one thing in the past is it was always good to shed the staff that's in the audience to make sure we get rid of everybody. They can go back to work as fast as possible. CHAIRMAN AHERN: Well, if we have to sit here, they should too. I'm teasing. COMMISSIONER SCHIFFER: Well, not a good use of taxpayers' money watching us, I don't think. MR. JARVL• Good morning, Commissioners. Reed Jarvi, transportation planning manager here to talk about the roads portion. Nick, my humble assistant and three bosses up, is here to pick up the ball when I fumble it. COMMISSIONER EBERT: This is your first one, right, Reed? MR. JARVI: First on this end, yes. So we're going to go through the page -by -page. If you have questions or comments, I'll attempt to address them. This is your revenue. This is the work program expected revenue over five years. And we'll go through some other slides, but this is just an overview of the department, the road and bridge revenue. It's, as you can see, divided up with a projection of impact fees, gas taxes. There's a transfer in that's a small amount. And general revenue -- excuse me -- General Fund, as Mike talked about earlier, which is mainly for some maintenance aspects, and then grants which help with the impact fees for capital improvements. COMMISSIONER EBERT: I have a question. MR. JARVI: Yes, ma'am. COMMISSIONER EBERT: What is the gas tax per gallon the county gets and the state? MR. CASALANGUIDA: We'll get that to you. I'm not sure. COMMISSIONER EBERT: You're not sure and yet we have these figures here? MR. CASALANGUIDA: Well, I can tell you the revenue stream. I can't tell you the exact percentage. We get a month -- for the record, Nick Casalanguida. I get a monthly report on my collections, but to break it down, that's one of those details I just don't have off the top of my head. COMMISSIONER EBERT: Okay. But we do get a certain percent -- I mean, we get so many cents Page 14 of 55 September 28, 2012 "Special CCPC /AUIR" meeting per gallon for the county -- MR. CASALANGUIDA: Right. COMMISSIONER EBERT: -- and so much for the state. MR. CASALANGUIDA: That's right. COMMISSIONER EBERT: Okay. And you will get that to us. MR. CASALANGUIDA: Absolutely. We get about -- it's been about -- steady at about 18.3 million dollars, and it fluctuates 18.2, 18.5. It's been -- you would think it would have gone up, historically, but it's actually gone down, and now it's just kind of bumping along a certain bottom, even with the increased population. And I think that's a function of miles per gallon, I mean, with people trying to drive less and the economy, obviously. But we're not seeing that as a growing revenue. But I'll get you details on -- and the breakdown on each one. COMMISSIONER EBERT: Okay, thank you. MR. CASALANGUIDA: You're welcome. MR. JARVI: And the next page is pretty much a graphical -- excuse me -- graphical representation just what we talked about. You can see that the pie chart is last year's five -year plan, and the -- on the left and this year's five -year plan on the right. And you can see that changes a little bit. But it's roughly the same as it was on a percentage basis. And the bar chart on the bottom shows the four aspects over the last few years, just a different representation of what we just showed. Questions? (No response.) COMMISSIONER SCHIFFER: Just -- I have one quick one. On Page 4, down at the bottom you give some schedules. So, essentially, what you're saying is it takes seven years if it's -- everything's not done sequentially there, right? In other words, you can start buying right -of -way while you're designing, stuff like that, right? MR. JARVI: Yes, sir. We've typically program right -of -way design and construction as separate items. COMMISSIONER EBERT: My Page 4 is blank. Where are you? COMMISSIONER SCHIFFER: On Page 5, I'm sorry. MR. JARVL• It was at the bottom of the first page I had up. COMMISSIONER SCHIFFER: It must have been a reflection -- it was the reflection I was looking at. MR. JARVI: No. The numbers in those -- the small Table 1, 2, and 3 design, those are how many months those individual activities take. COMMISSIONER SCHIFFER: Okay. MR. JARVI: Typically. MR. CASALANGUIDA: On average. MR. JARVI: On average. COMMISSIONER SCHIFFER: Okay. But it's still, like, five years if you -- MR. JARVL• It's seven -- six, seven years. COMMISSIONER SCHIFFER: It's seven, yeah. MR. JARVI: You know, if we started today on a project in 2012, sometime 2018, 2019, 2020 you'd be driving on the roads, seven -- six, seven, eight years from now. COMMISSIONER SCHIFFER: So in this five -year review, all we would see is the start of, essentially, buying right -of -way, correct? Would that be the first step or no? MR. JARVI: We'll actually get to that in a later slide that talks about various projects, and there's some that we were buying right -of -way for, some are in design. COMMISSIONER SCHIFFER: You stopped. I thought your presentation was over. Run it to the finish line, and then we'll ask questions. MR. JARVI: Okay. This slide -- for those of you who have been on the Planning Commission for a while, have probably seen this pretty much the last several years, but it talks about how we take our counts. Page 15 of 55 1612 g September 28 � 2012 "Special CCPC /AUIR" meetn i Unlike -- to address the population issue right off the bat, we don't directly use population for the transportation aspects. We use traffic counts, and we have several counters, 150- odd,'60 -odd counters around the county, plus there's some state ones. And we take, in general, quarterly counts at these count stations. Some of them farther out east are semiannually and annually. But generally it's quarter counts, and that's what we do. And we factor them to the peak -hour counts, which we'll get to in a bit. Our level of service is based on what we typically call in the transportation profession the 250th highest hour. This was a policy decision, 2000 or 2001, to basically not take into account the highest two months of the season, February and March, from a traffic count perspective. This is -- Mike talked about earlier, we don't want to design the roads to the highest seasonal population, just like the other facilities, but more to the general population that lives here. So that's how we do it. We take the -- what's called -- what we call the highest -- 250th highest hour. And then the third point there basically talks about the assets -- asset management that Mike talked about briefly that, you know, as -- we put in a bunch of lane miles since 2000 -- I think it says 250 lane miles -- we have -- we've maintained those miles and the ones we've had, but what we're going to be -- what we're seeing in the future, as the construction seems to slow down, the maintenance is going to be more and more of an issue and maintaining -- the paving the roads and fixing the cracked sidewalks and, you know, repainting things and, you know, new signal design hardware and things of that sort. So those are going to be the issues we're seeing in the future. It's not -- it's becoming an issue, but it's -- it will become a serious issue in the near term. And we'll be putting more information out, I think, next year you said, Mike, as this goes. MR. CASALANGUIDA: We're doing it now. It's not part of this project. MR. JARVI: It would be more information to you. But we're going through the process now. John Vliet and his group in the maintenance side are really looking into this. Yes, sir. COMMISSIONER BROUGHAM: Questions. I'm sorry. And we talked about this with Mike but, historically, how did transportation come to include the maintenance aspect of facilities whereas the other departments don't have that benefit? I mean, what event occurred that allowed that to happen? MR. CASALANGUIDA: Well, I think -- for the record, Nick Casalanguida. The bullet point was put in there when Norman and I were getting to the point of winding down the program and going into more of a preservation mode. Every department, whether it's utility or parks, does some sort of asset - management program to their level, and we're all trying to -- the county manager's been trying to make that an agency -wide standard. That's the initiative you've been seeing about us purchasing a contract vendor to go through and do an analysis and build the hierarchy and taxonomy. The same for all of us, who are all working at the same level playing field, but we've been doing it since day one. What -- the transition, we kind of bring it to the Planning Commission's attention and to the board, is to say, at the time we're in the highest growth program where we had a capital program that was almost a billion dollars over five years, it wasn't that big of a deal to talk about asset management, because we're basically ripping up everything that was old and replacing it with brand new. With the arterials, the life cycle's about seven to nine years before you get into that. You look at some of Airport Road and Vanderbilt, they're already looking in certain areas like they need some work to be done, and Livingston. So we've been trying to just make sure that people are aware as they're looking at this program that asset management is going to become a bigger portion of the pie over time. And, you know, when you throw the discussion into the AUK it obviously invites questions. Does it really belong in there? One could argue that we probably want to transition and start talking about how our assets have done. I can assure you I've got binders of reports that we've looked at everything we have that's critical. We've looked at storm water; we've looked at bridges; we've looked at roads. So nothing is going to fall down. If we hadn't gotten a couple bridge products out, I'd be a little concerned. But they're all out the door Page 16 of 55 bA4. September 28, 2012' pecial jC12 PC / AUIR" meeting and under construction right now. So, critically, we're covered. Level of service is probably a discussion we're going to have -- probably the board will tell this commission to look at, because I -- for me to do my pro formas out in 15, 20 years, you need to set a level of service for asset management, and we haven't done that yet. And I think Mike alluded to it as I was walking in. That's an AUIR -type function; what is the level of service you want your assets to be at? And until we do that, I can't give you quantifiable numbers. COMMISSIONER BROUGHAM: And I appreciate Mike's response earlier that it's not within the purview here, you know, to deal with financial management and budgeting and that type of thing. But I'll bring it back from my own perspective to level -of- service standard and the -- not only the acquisition of the asset, but the maintenance, the serviceability of the asset. MR. CASALANGUIDA: Absolutely. COMMISSIONER BROUGHAM: I mean, that's what I'm concerned about, that we're somewhat myopic in some of the other departments here in just looking or focusing on and approving and recommending asset creation and not maintenance, and that continues to bother me. I just -- but I see -- in a case of transportation, I see -- COMMISSIONER EBERT: It's huge. COMMISSIONER BROUGHAM: -- evidence and programming of maintenance. MR. CASALANGUIDA: Those other folks in the back of the room -- and I can tell you, they're probably jumping out of their seat as you say that --they are definitely doing the same thing we are. Some are funded better than others. And if you look at -- we all have our restrictions on funding. I've got gas tax, impact fees, and I can't use impact fees for maintenance. Public utilities has, obviously, the fees they collect and other sources of revenue. But some departments are better. And I wish we could blend the money, but we can't legally. They're all restricted -use funds. They're going to be ahead of us. I would say, if we were talking in a workshop environment, Dr. Yihnaz and I have talked about, we're kind of ahead of them a little bit right now in the sense that we've kind of done some certain things ahead of them. They're going to surpass us as time goes on because they're funded better than we are. But we've all covered our worst -first stuff. Nothing -- as Leo pointed out when we did the budget the last two years, cut your budgets, you know. I have to make the balanced budget, but tell me nothing's going to break, and we've all said, "Nothing's going to break." COMMISSIONER BROUGHAM: I mean, enough said. COMMISSIONER EBERT: I have a question, too, Nick. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER EBERT: Roads are very important to me. I moved here when Immokalee Road was one each way, and for 10 years they worked -- the county still needs plenty of roads. And I really like the three -lane each way like Livingston, because -- MR. CASALANGUIDA: Right. COMMISSIONER EBERT: -- I noticed here that the bridges and culverts you say are at their 50 -year life cycle. I'm sure that they've all been inspected. MR. CASALANGUIDA: Right. COMMISSIONER EBERT: Can you kind of go into that right now as to what you're doing? I notice there is a lot of maintenance and, you know, new bituminous has been put down on many of the roads, and it's nice to see. Logan, down a little bit further, rather than the bumpy ride, and Oaks was all done. It looks very nice, and I was very pleased with this maintenance that was done, because they both needed it badly. MR. CASALANGUIDA: Similar to roads, stormwater -- Jerry and I just wrapped up our discussion. We had a capital project review a couple days ago. Three hours; it was excellent. I wish you folks could have listened to what we're doing. But all the weirs and control structures -- and he'll get into that a little later -- we've got them covered. We know which ones are problems. Golden Gate City's an $18 million issue. I just discussed it Page 17 of 55 1612 A4 September 28, 2012 "Special CCPC /AUIR" meeting with the commissioner from that district. As LASIP winds down, we'll get into refurbishing those. Bridges, probably a third of our bridges are over 50 years old. If they're not structurally a problem, they're functionally obsolete. They don't have enough headwater clearance from high water lines. They're just not built to standards that are today -- so we've got three bridge projects that have just been out the door right now. The two on Golden Gate Boulevard are being replaced as we speak, the one on State Road 29, and the board just approved the White one. And the White one was -- we were getting really worried because the cross -stands have broken, so the beams were functioning independently. They were no longer tied together as weight- bearing beams. But anything that I think is critical, Jay's assured me that he's got them under control. So what he's doing now, he does what's called a cursory inspection first. Just has the FDOT inspectors go out and do the visuals. Anything that strikes a visual alarm, we do a work order, we take it to the board, and then we go into a deeper inspection. They may say it looks bad, but it's actually strong. So don't worry about it, or they may say, look at these pictures. Bottom chunks of the bridge are falling off. You need to get to this right away. So I'm comfortable in telling this commission, and as well when we get to the board, all the worst -first stuff is being covered, and we're funded to cover that. The hangover is still coming. And as the economy picks up, I think we're going to focus more on that. So hopefully that allays any fears you have on that type of infrastructure. COMMISSIONER EBERT: Okay. MR. JARVI: This slide, Page 8, shows just some statistics and observations of the traffic counts compared to last year. As you can see, and certainly could imagine, some are up and some are down and some are about the same. And, you know, these fluctuate year to year, have forever. And sometimes we can understand it if -- you know, Vanderbilt Road was under construction a few years ago out east, and Immokalee Road had a lot of traffic on it, now Vanderbilt's open and traffic shifts back, you know, we can see those, but sometimes it's just, you know, where people are going and where they're from. So there's not necessarily a rhyme or reason that we can do unless there's a construction issue. And Page 9 -- excuse me. Page 9 -- I'm sorry. I'll get it down yet -- basically has the same -- it's a graphic representation of what Page 8 was in tabular form. It just shows the higher growth corridors in -- and the lower growth corridors from a year -to -year comparison. It doesn't -- it's not a trend analysis. It's just a year -to -year comparison. COMMISSIONER EBERT: And, Reed, you only have one under construction now? MR. JARVI: The construction is -- Collier Boulevard/Davis Boulevard is under construction. COMMISSIONER EBERT: Okay. MR. JARVI: And then -- is Oil Well done? MR. CASALANGUIDA: Oil Well's done. MR. JARVI: Oil Well's done. That's the only other one. COMMISSIONER EBERT: Okay. Oil Well's done, so -- MR. JARVI: That's recently finished, Oil Well. COMMISSIONER EBERT: So this is the only project you have right now that is under construction? That doesn't mean -- MR. CASALANGUIDA: Yes, the only major capital. MR. JARVL• Yeah, major. COMMISSIONER EBERT: Okay. COMMISSIONER SCHIFFER: Reed, just a curious question. Why would DeSoto pick up like it did down there? MR. JARVI: It's real hard on the farther -out roads, DeSoto and some -- Everglades, because the traffic is so small, so you'd have, like, 150 peak -hour trips, and you gain 20, which is not a lot, but that's a big percentage wise. So the outer ones fluctuate a lot. COMMISSIONER SCHIFFER: A birthday party could throw it all off? MR. JARVL• Probably a couple birthday parties, but yes. MR. CASALANGUIDA: Two homes could do it. Page 18 of 55 1612 A4 September 28, 2012 "Special CCPC /AUIR" meeting MR. JARVI: When you're on Airport Road that has a capacity of, say, 3,000 -- COMMISSIONER SCHIFFER: Okay. Got it, got it. MR. JARVI: This slide shows -- as we were talking about the programming, this is the five -year CIE, and it shows -- and I apologize, I have to go from memory because I can't quite see it. But you'll see that there is R's -- COMMISSIONER EBERT: Would you like glasses? MR. JARVI: It's just real small way over there. Anyway. But you'll see in the top there, that's our capital program that we're looking at doing over the next five years. And you'll see the -- next to the dollar amounts there's a letter, and R is right -of -away and D is design and C is construction, and if you have the page open in the bottom left side, there's the legend that tells you what each of these stand for. But you can see that we do program them on a five -year basis. You have Golden Gate Boulevard being programmed, that there's right -of -way -- right -of -way being bought, designs coming up, and construction for the Golden Gate/Wilson intersection and to -- past the bridges, which is approximately a mile east. MR. CASALANGUIDA: I'm going to jump in just a little bit, give you a little more detail on what we're doing and why. Really, only three capital projects that are coming up that are probably relevant. The rest are subprojects and still going through the motion. 951 and 41 is -- we're extremely aggressive on that right now. That's the big intersection down by Fiddler's Creek and 41. We've got close to $10 million between state grants, $8 million contributed from developers that are banked, another 4 million that was just committed by a different developer. So that's coming up right now and going to be in construction next year, and that's a big one. Notice that a lot of the projects we're doing, we're only doing them because there's grants involved, they're developer commitments; otherwise, they wouldn't be there. Your other project, which is Collier Boulevard, Golden Gate to Green, again, has six to 7 million dollars of TRIP money, transportation regional incentive program grants. That's scheduled to go next year as well, too. So those are the two big focus projects. Golden Gate intersection, which is also there, it says Golden Gate Boulevard/Wilson to east DeSoto intersection, it's all going to depend on how far we can go based on money. Our goal is to try and go at least a mile to the east, maybe two to one of the bridges we've just done, and that's in your outer year. When you look at that in '15 -- it may get pushed to'l6, depending on revenue that we get coming in. Those are the three big capital projects that we have left. And we're trying to space them out accordingly. The rest of those are right -of -way acquisitions. Some of those committed by agreement to keep moving. And then below the line, your bridge improvements that, Commissioner Ebert, you talked about, we put about -- almost $5 million each year -- if you look in ' 14, ' 15,'16 into the bridge program, because we know how important that is. The rest of those are intersection safety capacity enhancements where, in the urban area, we talked with the board -- am I talking too fast? We talked with the board about, in the urban area, what do we do once we six -lane everything, and it's basically go back and start making these tweaks, Valewood, Whippoorwill, Vanderbilt, and we're going to start just, kind of, minor modifications, and those are all projects that are going to range between, I would say, 1.5 million to 5 million, not 30, 60, 70 million - dollar capital projects that we're used to, but definitely enhancements that you'll see. That's where the program's going. I don't anticipate that to change over the next two or three years. I don't -- even though permits are up year over year with our impact fee collections being down, based on reductions in fees and advanced COA payments, I -- you know, the next two or three years, doing the AUK this is what you're going to see, very, kind of, scant program, focused on asset management. Any questions on that page that you'd like me to answer? COMMISSIONER BROUGHAM: Nick, what is Marco Island/Asset Management? It's a consistent amount of money for the next five years. MR. CASALANGUIDA: It's a commitment. It's two things wrapped up. We, by agreement, give Page 19 of 55 4 September 28, 2012 " pecial CCPC /AU k meeting Marco Island a million dollars a year, and that's the commitment we've made to Marco. The rest of that is asset management in the sense that we're allocating a certain amount of money. Because you've got a real condensed page. So if I was to expand this, part of that money is to manage the asset management. In other words, hire the folks to do the surveys, compile it and manage the data. We put that in as part of ours as well, too. COMMISSIONER BROUGHAM: Okay, thanks. MR. CASALANGUIDA: You're welcome. COMMISSIONER VONIER: Nick, what is the transit enhancement operations -- slash operations? MR. CASALANGUIDA: It is our funding that we do as part of the General Fund that goes back to transit operations. We've committed about $1.8 million a year to funding transit out of gas tax and General Fund, the 313 fund. COMMISSIONER VONIER: But the proposed terminal is not in there? MR. CASALANGUIDA: No, sir, because it's already let and encumbered in a prior year. So there's no future dollars to that project. It's already encumbered. That's something that was done in'11 and'12. So it wouldn't show up in this five -year plan going forward. COMMISSIONER VONIER: Okay. CHAIRMAN AHERN: Anyone else? MR. CASALANGUIDA: Any other questions on the capital? MR. JARVI: This 'I l is just the -- it's more of a five -year delineation of the revenue sources we talked about earlier. If you have any questions, we can address those. But it's a summary, five -year summary versus the five -year -- five -year summary by years versus the whole five years. The next -- I'm just going to put up the first sheet, but it's -- this is what I -- this is the meat of the AUIR from a traffic perspective. And this. MR. CASALANGUIDA: Eye chart. MR. JARVI: And at best you need, like, double or maybe even triple glasses to see this. But half the problem is we do it on 11 by 17, and it's almost readable on 11 by 17, and then it's shrunk down, so -- but we do this electronically usually. This is a delineation of the various road segments that we have around the county, and we have count stations in there and limits of the segments and their level of service and number of lanes and, et cetera. And you get to -- to the middle part and it talks about what the counts are and the trip bank, that I'm sure you've all heard about before, we get to total trips, and compare that to their level of service and fmd out it's within standard or not within standards or how much is left remaining capacity. And we use this as a programming. As you see -- you know, I didn't do this last programming, but I'm working on the next year's and the future ones. And, you know, as a road segment gets close to capacity, we're starting to look at moving that up into the priority list, and as dollars become available, then we'd do the balancing, which one works. And you can see through all these. And I'd be happy to address any specific questions you have or -- and if you're just looking at this now, you're probably not going to be able to see it well enough. But we can get it to you electronically if that helps, because you look at it and scroll and pan around easier. CHAIRMAN AHERN: Just a quick question. I know we talked about it a little bit last year. How are you guys handling all of the projects that have gotten extensions from the state? MR. JARVI: From, like, a PUD standpoint? CHAIRMAN AHERN: (Nods head.) MR. JARVL• From -- a PUD doesn't go on here. This is -- we look at the -- to get on this list, you would have to do a concurrency check, which would be an SDP or a plat or something of that sort, or the few projects that are actually vested from a zoning DRI perspective would be on this sheet. And -- nows those have been extended, too. CHAIRMAN AHERN: SDPs? MR. JARVI: But they'd be on there until they're abandoned or built, in which case they would then move into the background traffic for our purposes. MR. CASALANGUIDA: Do you need a little more elaboration? Page 20 of 55 September 28, 2012 "Special CCPC /AUIR" meeting CHAIRMAN AHERN: No, that's fine. MR. JARVL• Okay. COMMISSIONER VONIER: Reed? MR. JARVL• Yes, sir. COMMISSIONER VONIER: From just looking at this, it would look like the level of service is pretty good. There are only a few bad spots, according to this chart, these charts. MR. JARVI: Yes, sir. And, primarily, you know, quite frankly, we are growing, and we build a lot of roads and we had Nick's boss, you know, Six -Lane Norman, doing all the six -lane roads, and we built them and then, you know, the population has stopped or slowed. And so we're basically -- we've caught up in the large extent, so that's the level of -- the projections are showing us in general. We don't have a lot of problems short term. COMMISSIONER EBERT: Reed, there's one on Page -- let me see -- 14 that is also in dark line -- Oil Well to Desoto /Camp Keais. Why is that one darkened out? MR. JARVI: Oh, we -- the ones that are darkened, in general, are ones that we had as one long segment, and we've divided them into separate segments. We keep the main one in there just as kind of a placeholder and -- because Oil Well, as you've known, typically, is now more through Orangetree, Immokalee to Everglades and Everglades to DeSoto. COMMISSIONER EBERT: So you've just broken it down? MR. JARVI: We've broken it down. And there's another one I just --we did this year is Tamiami Trail which is, I think, on ' 13, east of 951. It was a long segment from 951 to County Road 92, San Marco, and we've broken it into three segments, because there is upcoming planned construction there. COMMISSIONER EBERT: Okay, okay, very good. So not all those segments need to be finished now, so you've just kind of broke it out and are doing just the ones that need to be done? MR. JARVI: When there's a difference in lanage, we try to do that for sure. Because for Oil Well, you know, between Immokalee and Everglades, it's four lanes. Well, east of Everglades it's two lanes till you get over to Oil Grave Road, is it? MR. CASALANGUIDA: Strand Road. MR. JARVL• Strand. And then it goes to six lanes. So if we kept them the same, it would be real confusing on what is your level of service volumes and what are your volumes, because you just can't do that, because it's four to two to six. COMMISSIONER EBERT: Okay. MR. JARVI: We just tried to make them into the logical areas. I think for your purposes, in my opinion, these are the most important, these next two graphics. This is a table, and the next one after that is a graphic of basically the same thing. And it shows what Commissioner Vonier said that, in general, we're okay from a level of service -- meeting our level -of- service standards. We have some problem areas that we're looking at coming up in general. We are addressing them. For instance, the one yellow is the portion of Davis Boulevard between Santa Barbara and Radio Road. And at the time we prepared that, it wasn't under construction. I think it's under construction or about to go under construction. MR. CASALANGUIDA: About to go under construction. MR. JARVL• So it's being solved, but it is a -- at least at the time this was prepared, there was a problem. And then also we're looking at these -- we had areas we are looking at that are future problems, you know, maybe not quite today. Golden Gate Boulevard within -- is within standards by 100 trips -- no, 30 -some trips. Well, it's within standards but, obviously, that's not going to be far before it's a problem, so that's -- you know, that's the areas we're looking at. Any questions on this? COMMISSIONER EBERT: No. I do know, though, that Santa Barbara and Radio Road this morning had an accident on it. They were reporting it, and I was driving in, so I know that's a problem area. Also, when you -- you're working on -- are you working on the Collier Boulevard between Green and Vanderbilt Beach? Are you doing anything there? Page 21 of 55 1612 N" September 28, 2012 "Special CCPC /AUIR" meeting MR. JARVI: The north part? COMMISSIONER EBERT: Uh -huh. MR. JARVI: Yeah, that's on the list for -- next year, is it? MR. CASALANGUIDA: Next year. COMMISSIONER EBERT: For next year. MR. JARVI: Yeah, it's -- I think the plans are 90 percent. MR. CASALANGUIDA: Uh -huh. MR. JARVI: And -- so it's looking to go under construction next year. That's the next piece that we'll be doing. COMMISSIONER EBERT: Okay. MR. JARVI: And if you remember back from the -- the confusing one that had the graph on -- the table on the top, that's, like, the next big project. COMMISSIONER EBERT: Okay. MR. CASALANGUIDA: Just as Reed pointed out on this graphic, I want to jump in a little bit. You had made an observation, things look pretty good, and I agree with you. When you look at the colors, it kind of tells you a feel for what's going on in the county. Our urban corridor is Collier Boulevard. So at some point in time when we get to the point of six - laning all these roads -- and we're not that far away -- we're really going to have to come to both the Planning Commission and the board and start saying, do we want to look at the whole urban area as one whole? Because having a link -by -link analysis, we have two transportation concurrency management areas, two squares, northwest and then the central one. Should we make the whole urban core TCMA, when we're looking at strategies for moving people and -- both pedestrians, on buses, as well as vehicles on a corridor -- not a corridor -wide, on an area -wide, and I think that's something you need to probably start asking questions about, because as we come forward with the mobility plan, that was one of the options. Because all we're going to do at this point in time is start working on intersections and minor improvements once the six lanes are done. The board has said, we don't want this to look like Miami. You are going to have some overpasses and queue jumps. But, by and large, I think the community here has sat up said, we are not going to have these huge, you know, like Colonial runs like we have in Fort Myers, or especially on the east coast. That's not what we want. So if we go to an area -wide kind of analysis and the board wants to maintain concurrency, we can do it that way. Pine Ridge may fail, but the other parallel facilities will do okay. Everything right now that's in blue is within the next five years that we're looking at and key projects to look at. The key now is the vacancy rate. I don't know, Mike, if I missed your discussion. Did you get into vacancy rates at all? COMMISSIONER SCHIFFER: No. MR. BOSI: No. MR. CASALANGUIDA: Okay. And it's been, the past two or three years, always an issue. If you look at some of these developments, especially multifamily, and in the Estates, some of these streets, a third to a half of the homes are empty, and that's starting to change. These are trips that we're not going to pick up as part of development orders. So the only concern -- I say it every year, and I remember the chair said, well, we'll blame you anyway when it happens, and kind of in jest. But I always want to bring it up so both the Planning Commission and the board knows, you do got excessive vacancy rates, and we don't have a good way to measure it. COMMISSIONER BROUGHAM: And, Nick, correct me if I'm wrong, it's not only the vacancy rate for existing homes, if you will. There's also a number of developments that are not nearly built out yet that are going to be coming on, God willing. MR. CASALANGUIDA: Right. I can measure those to a certain extent because of the plats that are committed, and we've got them in the trip bank. I've lost the vacancy rate. I just don't know where it is. COMMISSIONER BROUGHAM: Yeah, okay. Page 22 of 55 161�A4 September 28, 2012 "Special CCPC /AUIR" meeting MR. CASALANGUIDA: And I don't have a good way of measuring that. So that -- and then if you look at the two urban areas where the numbers fluctuate a lot -- I think Reed and I talked about, you have several industrial parks, and you can realize, if you've got a plumber working in there who was doing 20 trips a day, you know, hitting the traffic counts all day long versus now he may have four trips a day. x TIS So the two question marks that aren't related to something I can measure are business activity -- I can't get a good feeling for what people are doing -- and vacancy rates. So that's where we put that note. We'll monitor a detailed analysis within three years of projected failure. Those are the areas we're going to probably just keep a real good eye on. And if we have to do some additional studies internally, our goal is to just focus on those, because if they start to jump ahead of us, we can always come back to the Planning Commission and the board and say, we've got a problem that's developing. So I just wanted to point that out to you. Thank you. MR. JARVL• And almost a perfect segue into the TCMA analysis, which is a -- not an area -wide -- but we have two TCMAs, traffic concurrency management areas, as Nick mentioned, the northwest and east central. And the one you see here is the east central one. You can see there's two links that are in red. Those are both under construction, so those will come off. But we are doing well in our transportation concurrency management areas. We have to maintain -- or let me rephrase that. For development projects to go through, we have to maintain those at 85 percent of the lane miles being within standards. And you can see this one is almost 95 percent, and the next one, which is the northwest, is 100 percent. So what Nick has addressed verbally we haven't put on paper yet, but is -- if we did something from an urban countywide concurrency area, we'd have some lists like this and, you know, it would be an expanded list of all the urban areas, and we'd look at maintaining the capacity at some level, presumably 85 percent, as we do now. Any questions? (No response.) MR. JARVL• And the last slide is -- as we have actually spoke about is the only thing really under construction from a major capital project perspective is the Davis Boulevard and Collier Boulevard under I -75 area, and this is just delineating that. CHAIRMAN AHERN: Does anyone have any further questions? COMMISSIONER SCHIFFER: Nope. Want a motion? CHAIRMAN AHERN: I would love a motion. COMMISSIONER SCHIFFER: Okay. And I'll give the short form rather than read the whole recommended. I move we forward a recommendation to take the recommendation -- recommended action shown on the 2012 summary form for county arterial and collector roads. COMMISSIONER VONIER: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Okay. The motion passes, 7 -0. MR. JARVI: Thank you. CHAIRMAN AHERN: I think we'll take a 15- minute break, and we'll come back at 10:50. (A brief recess was had.) MR. BOSI: Chair, you have a live mike. CHAIRMAN AHERN: Corby, I thought you were coming up next. Who's next? Page 23 of 55 1612 A4 `I September 28, 2012 "Special CCPC /AUIR" meeting MR. BOSI: Chair, we have Jerry Kurtz in drainage, and this will be the other component where there's actually some capital improvement programs that are being suggested. CHAIRMAN AHERN: Okay. Thank you. MR. KURTZ: Good morning. Jerry Kurtz, principal project manager for stormwater environmental planning. I'm basically here to answer any questions you have. Our AUIR for stormwater management is pretty simple; just a few pages. One of the things we're trying to do is eliminate the term "drainage" eventually in the Growth Management Plan, and I think -- I think it's a movement throughout the state. A year's gone by. Drainage was important but sort of became a dirty word as stormwater management became more of a -- it became more of a resource, stormwater and surface water, to manage and not to drain away the swamp. And so now it's all about stormwater, I guess, slash, surface water management. So a quick overview of our AUK the text portion, the facility summary form focuses on three or four main items there. We do talk about our capital projects program. And, number two, we talk about our NPDES, national pollutant discharge and elimination system permit that we have. The county is an operator of a stormwater -- municipal stormwater management system. We get a permit through the federal program. We're permitted by the state, by DEP, to operate the system responsible -- responsibly. We have to meet quite a few criteria, and we report on that every year. And a lot of our resources are geared toward meeting the compliance of those items. And recently we've really focused in on system maintenance, and a lot of our future projects will be on maintaining the existing infrastructure, so we're stressing that. The -- a little bit on the level of service. The first thing that I think was indicated at the top of that form was level of service, currently C and D, not real desirable, but I did want to say that the level of service established many years ago in the 1990 board approved stormwater management plan. We're thrilled with the new approval by the board in December of 2011 of the Watershed Management Plans. Years ago, 20 -plus years ago, stormwater master planning was kind of the state of the art, and today it's watershed planning. And watershed planning -- watershed management planning is a much more holistic view. You want to manage the surface water and the stormwater runoff for the watershed, for the health of the watershed. So we've entered the modern age with the approval of the Watershed Management Plan. Our whole program is going to be based off the findings of the Watershed Management Plan, which there are dozens and dozens. So one of -- the Watershed Management Plan had a lot of initiatives that it brought forward. It brought forward 13 nonstructural initiatives more conceptual, maybe, policy things we need to consider, the way we do business. But one of the 13 nonstructural initiatives was a look at redefining the stormwater levels of service. It's going to take some time and some effort, but we're planning on doing that. It may take all of next year, maybe even a little bit more, but, basically, very similar to all the other items in the AUIR. The highed the level of service you want to set, that means the more cost the program's going to take to meet that high level of service. So you want to find that happy medium in between. As well, the larger the system, the more potential to, say, drain the water off a little too fast, too efficient possibly. So we're always -- in the stormwater management task that we do, we're always on that tightrope. We're always trying to provide an adequate flood level of service but, as well, manage the resource to protect the environment and to recharge the aquifers and not pollute the receiving waters. Some of the big receiving waters that we have, the Picayune Strand, the Naples Bay. So we run this fine line, and it's actually really challenging and a lot of fun to provide people a level of comfort in how fast we're draining water away from their homes but, as well, always with our eye on the wetlands, the wellfields, the estuaries, all these things. So we -- we're very challenging. We enjoy doing all that. Page 24 of 55 « b September 28, 2012 Special CCPC A " meeting So I guess I want to tell you that we -- the fact that 20 years ago we looked at our system from a master plan standpoint and we identified that we're -- our levels of service are C and D, I don't think that's the case anymore. We've done a lot of projects in the last 20 years, dozens of projects. And when we can evaluate the impact of those projects as far as we've eliminated a lot of nuisance flooding, what I call standing water, it's a nuisance. It's in your front yard. It's in your backyard. It's -- the roads are a little wet. We've eliminated a lot of that in a bunch of neighborhoods. So we will focus in on more flooding, the real flooding, which is -- which is -- affects the floodplain and the safety of keeping the water, you know, from ever a danger of flooding homes. So we've zeroed in on that a lot, and a lot of changes have been made. So we really want to -- we really want to update our level of service, but it is going to take a while. COMMISSIONER BROUGHAM: Jerry, if I might? MR. KURTZ: Yes. COMMISSIONER BROUGHAM: Can you explain level -of- service standard variable C or D? In the transportation, you know, there was the same notation, but with a different -- COMMISSIONER EBERT: What page? MR. KURTZ: Sure. COMMISSIONER BROUGHAM: If you look on Page 23 on stormwater, it says variable C or D, and I missed that on transportation, which basically had another variable level of service. MR. KURTZ: Sure. COMMISSIONER BROUGHAM: In your case, what is C and D? What's that number -- MR. KURTZ: We did a lot of looking at the level of service. The level of service is really -- and I'll zero in on C and D, but let me begin with a -- again, the concept for level of service would be to manage the flood risk and efficiently convey the water away from the homes and manage the peak stages. As well, there's a water quality component. You want to make sure your runoff is treated before it's discharged. COMMISSIONER BROUGHAM: Excuse me for interrupting, but is this a mathematical calculation or is it a subjective assessment or what is it? MR. KURTZ: It was, it was. There was a matrix done 20 -plus years ago. There is a -- there is a numerical value. hi fact, I do have a little chart that I could put up explaining it. It's a little complicated, but -- the old way they did it. Yeah, I put this chart together. There's your level of C and D highlighted. How's that showing up? Not real well. COMMISSIONER BROUGHAM: No, it's coming fine. It's fine. COMMISSIONER EBERT: It's good, it's good. MR. KURTZ: Okay, good. Basically, if you start at A, A is excellent, and there is a numeric value of 8. And the numeric values go from 1 to 8, as they did it in the original plan. Basically A is no flooding of roads, yards, or structures with excellent water quality treatment and recharge. Going to B, you start having some minor flooding. The ditches are full, and it's overflowing into some of the roads and some of the yards. No threat of structure flooding. It's a good level of protection, and that's what we would strive for. COMMISSIONER BROUGHAM: And these are system -wide assessments -- MR. KURTZ: Well, they're -- yeah, they're -- COMMISSIONER BROUGHAM: -- rather than -- MR. KURTZ: They're by basin, they're by basin. COMMISSIONER BROUGHAM: By basin. MR. KURTZ: Or subbasin, you could say, when you -- basin or subbasin. The basins are actually very large. It's more a neighborhood level, I'd say, subbasins. And then D is where you start having roads flooding, yards flooding, and not -yet structures, and you're losing your water manage -- your water quality treatment. And then D is the worst -case scenario where your roads, yards, and some structures are flooding. COMMISSIONER BROUGHAM: Well, how do you monitor -- who monitors this, and how do you accumulate statistics that leads you to this evaluation? Page 25 of 55 � Se hh September 28 2012 S ecitl4KLPC� " meeting P � " p g MR. KURTZ: This was done by -- the whole system got evaluated many years ago, 1990, 1989, as best they could then with the resources they had available, but it was part of that generation of that whole stormwater master plan. COMMISSIONER BROUGHAM: So the evaluation was done 15, 20 years ago? MR. KURTZ: The master plan -- this was created as part of the stormwater master plan and the evaluation and the generation -- COMMISSIONER BROUGHAM: I'm trying to make this leap from 20 -years -ago evaluation to 2012. MR. KURTZ: Sure, sure. COMMISSIONER BROUGHAM: You know, this is -- AUIR is based on -- I mean, it seems like this established -- or this is the base by which you evaluate yourselves is a 20 -year -- MR. KURTZ: I wouldn't say. COMMISSIONER BROUGHAM: Help me. You know where I'm going. I'm trying to put together how do you evaluate how you're doing with respect to level -of- service standard, what is that methodology, how do you acquire statistics? Is it subjective, objective, is it a mathematical formula? MR. KURTZ: It's a little subjective, but I think when we look at redoing this, we probably -- we're trying to define what the new effort would be to establish new level of service. Ultimately, I think we'd like to do some modeling of the whole entire system. I mean, you can take it to any number of different levels. So we have to find that happy medium with what resources we want to put towards this. But one thing -- and it's a -- multi, multi - faceted. When I wrote it all down, I came up with four pages of text, but the chart's a good summary of why we're -- where -- you know, the indication of the C and D. But one thing I can say, Phil, to -- along those lines is we also -- all the new development that gets constructed today per the current design standards, I would say, meets A or B, probably mostly A. So in that sense, you know, all the new residential development, all the new roads are not C and D. They're, in fact, A and B. But we need to flesh that out and explain that better as the Watershed Management Plan kind of indicated something we need to update. But when we go back and look at the existing system, things that were built 20, 30, 40 years ago, this is where we have to look at how -- where our capital projects can maybe pick up the level of service in some of those older neighborhoods, so -- COMMISSIONER BROUGHAM: Yeah. Just an observation -- and this is my fast time through this, but you and I have had other interaction on water before. But it would seem, in view of the magnitude of your projected expenditures of over $35 million and so forth in the projects that you list here, you are targeting -- or I think you should be targeting projects based upon where the need is most critical or where the deficiencies are the most critical resulting in unwanted water standing around or standing too long or streets flooding and so forth. So I'm interested in, for the future, perhaps, having more quantitive data that's been acquired as to where the incidence of flooding is occurring, what is the primary cause of that, whether it's a weir that is malfunctioning or X, Y, or Z, or culverts that aren't cleaned out. I'm not in that field of endeavor -- but bringing something more than what, my words, a subjective analysis of where you're going to spend capital monies rather than a quantitive analysis based upon actual statistics gathered over the last -- over the last year, if you will. MR. KURTZ: Absolutely. COMMISSIONER BROUGHAM: And I don't know whether -- will that manifest itself in your stormwater management plan or your Watershed Management Plan when completed or what? MR. KURTZ: It absolutely will. And I agree with what you said 100 percent. We can no longer plan the program on anecdotal information or what somebody said happened the last time we got six inches of rain in one day. Our ultimate goal -- and I alluded to it a little bit on Page 24 -- is we want to be able to run the model a -- the modeling that was done as part of the Watershed Management Plan, we want to be able to run that Page 26 of 55 September 28, 2012 "Special CCPC /AUIR" meeting over the whole system, a dynamic model, and let that modeling --just like you would do a traffic analysis, let that model point out -- and the Watershed Management Plan did some of that -- let that model point out where we know, when we get six inches of rain in one day, we know what canals are not going to be able to keep up. And we have that, and it's done, in a sense, for the Estates -- but to do that on a countywide basis -- and that would generate the capital projects and give that. So I agree with you 100 percent. And we're kind of in transition right now. Looking at the projects, there's very few new little efforts for FY13. We're still finishing up that big Lely Area Stormwater Improvement Project, so most of the capital money's going towards. But -- and that will happen for the next three years. But that project is done so much for really catastrophic flooding that occurred years ago in East Naples area. That project's going so well. So we're -- right now we're kind of transitioning from finishing up that one huge capital project to being able to form the program more on the basis of letting the analysis show us where our deficiencies are and coming in with retrofit kind of projects and that sort of thing. And the other huge thing is, in this transition period, we've really -- I'd say for the last three years, we've spent a lot of effort on getting a good handle on our inventory. Five, 10 years ago we really didn't -- we didn't know what we had out there, and we built a lot of stuff. So right now in this interim period, we're putting all our inventory into the GIS and, as well, we're -- we've -- we're real close to finishing a study on all the water control structures. There's, like, 50 -plus in the system. We're evaluating them, and we've found some that are in dire need of replacement. So that's going to be another big focus. COMMISSIONER BROUGHAM: Do you see all of these modeling and planning efforts coming together within the next year so that, perhaps, AUIR time next year you'll have the results of that and more quantitive data to bring into the table to justify your recommended projects? MR. KURTZ: Absolutely. That's the goal. I would love that to be the case, and that's my goal. But at the same time, we're moving -- we're advancing -- like, the Watershed Management Plan, I think, had 10 structural initiatives, which those are the big projects suggested, which we're looking at them, but not as aggressively as we're looking at the 13 nonstructural initiatives. So we want to bring forward all of these things, like LID initiatives. There's a number of items that, you know, we want to advance together. But this is on the list of ones to -- COMMISSIONER BROUGHAM: One more question. Are all of these efforts in conjunction -- probably rhetorical -- in conjunction with South Florida Water Management and their projects? I mean, they have a lot to do with the primary structures in the county, right? MR. KURTZ: Yeah. Most of the infrastructure maintenance projects are in coordination with them, and all the projects that we -- where we improve water quality -- which a lot of them are in planning right now. COMMISSIONER BROUGHAM: They're in sync. MR. KURTZ: We're in sync and coordinating with them almost on a weekly basis. COMMISSIONER BROUGHAM: Thanks, Jerry. COMMISSIONER EBERT: Jerry, I have a question for you. Are you still working on the Golden Gate Estates area in their stormwater management? MR. KURTZ: Yes, we are. COMMISSIONER EBERT: Okay. That's -- that was one of the questions and -- that I had. And my favorite, Cocohatchee Canal, are you having any problems with the weirs there at all? MR. KURTZ: No. The Cocohatchee weirs, there's one, two, and three of the big ones, I guess, starting from Palm River where the tide break is. COMMISSIONER EBERT: Okay. MR. KURTZ: Those structures are South Florida Water Management operated. They're all new -- fairly new structures. They've really set the -- you know, they step the water up in that whole basin, and we're pleased with how they established the control elevations in all those basins. And our projects kind of mesh and match nicely with how they operate that system, so we're pretty Page 27 of 55 September 28, t612A4 12 "Special CCPC /AUIR" meeting much in sync with that -- with those structures and how that Cocohatchee system's operated. COMMISSIONER EBERT: So when -- when they lowered the structure, which they did last year -- because we were supposed to have a tropical storm that never happened, I mean, you could really see the draining, and we never got rain afterwards. I would -- and I know that is kind of south -- you know, Clarence's, department, used to be. And is there a way that -- with that they can keep it backed up higher along the way so it can -- it seems like they really have it stopped at Cocoa 1, at Palm River, and then it seems to go down. And I understand that they're lower there and ours is higher. But just looking into the canal is a different story. And, in fact, this year on Cocoa 3, there was no outflow at all, so we did not get any of the wading birds or anything that we normally have there. There was none. We did not have enough rain. So we are in a bad deficit right there, but -- MR. KURTZ: Yeah. That occurrence -- I know exactly what you were talking about. We were all watching it. When a decision like that's made, we're all on the phone together talking back and forth. In fact, I was home with my laptop in my lap in front of the TV. And there's a website that the districts put up where you can see how they're operating those weirs on, like, an every-l5- minute cycle, and it's available to everybody. But they made the decision to drop -- start dropping those weirs in anticipation, you know. And you have to do it ahead of time, so you do it based on the current forecast. When they were saying four to six inches of rain -- which we didn't get -- we only got, like, two and a half or three, but we all kind of, collectively -- we knew that decision was being made, and we watched the water go down. But, if you see the graphs -- and I was watching them and I was calling our folks, coordinating with them. That was on -- I believe that was on Sunday -- Saturday or Sunday, and -- but they quickly -- they did open them on Saturday, but quickly -- and they might have left them open on Sunday, but by Monday or late even Sunday night they were back closed. And its all charted, and you can see that when we finally realized that it was going -- the storm was going out further and the forecast numbers started decreasing, they reacted perfectly and they closed them up tight, and the water levels did start coming back up. So that's, again, the tightrope that we walk every day, really. We're concerned about getting too much rain too fast, but as soon as we see that we're not going to get it, we close -- start closing the system up. And they really do an excellent job, and they really do it in communication with us almost constantly. I mean, when there's no storms out there, we don't talk that often, maybe every week, every other week, but when there's a storm, it's almost hourly back and forth, a lot of calls going on. And so we were happy -- because we mimic what they do, too, with our system. They have to lower the downstream structures first. It doesn't do us any good to lower ours if they're not lowering theirs. So we all kind of get together and -- plus, they get advice from their -- their folks in West Palm. COMMISSIONER EBERT: I know, but West Palm is at the other -- on the other coast, and they can't always -- they do not see what's happening here. MR. KURTZ: Well, their control room over there in West Palm is fantastic, and they have, you know, professional meteorologists over there. Not just one; they've got several. And it's really impressive if you've never seen it. Their control room over there, it's like -- it's almost like a hurricane center. COMMISSIONER EBERT: Like the EOC. MR. KURTZ: Yeah. COMMISSIONER EBERT: Okay. Very good. Thank you. CHAIRMAN AHERN: Brad? COMMISSIONER SCHIFFER: How much of the county do you think is at Level D? And, first of all, looking at some of the descriptions, do we have any public facilities that are isolated in a Level D type storm? MR. KURTZ: Well, that's a great question. The whole basis of the establishment of the Level D I want to eliminate. Page 28 of 55 lti I- C A a September 28, 2012 "Special CCPC /AUIR" meeting Back in the time, it was a good way to do it, and it's logical in the document that was produced. You can trace back and see exactly how they did it, and they really did a good job at it. But as far as what would be D today -- and remember 20 years ago, I think we were just deciding that the 25 -year, three -day storm event was the new standard to -- everything to be built, which means raising it way up and building these robust water management systems. So I would say, especially speaking to any new public facilities, anything that's built since, say, 22, 25 years ago, is not -- nowhere near a D and it's probably up at A or B. So the only thing that could be at a Level D, you know -- and you can see these things around town, some of the real old structures that were not built on any fill, they were built on the existing grade. We have some roads like that a few roads, but they're all minor roads, some real old structures. There's really very little left, I would say, that would meet D as they defined it back then. The Watershed Management Plan has a great discussion on how to redefine levels of service, and it alludes to -- the way everything is done now is done on the design -storm event. So even though they did look at the design -stone event back when they did this, now -- I'll give you an example. An evacuation route has to erode -- an evacuation road will have to be built to a quite high standard. So you want to give that quite a robust level of service, and that should be designed to the 25 -year, three -day storm, which they are. Now, your little neighborhood roads maybe could be built to lesser standard, not elevated so high. That's an example. So we really need to redefine stonnwater level of service, and I think the end result will be a lot -- you know, as it's shown in the Growth Management Plan from this old study, it will probably flip flop. You won't have all C and D. You'll probably have very little C and D, and you might have all A and B. But we want to do it right, and it's going to take sometime. So we're just kind of defining the scope that we'd like to bring that effort forward. But it needs to get done. And, again, it's part of getting the program now driven by all the great findings that came about from the Watershed Management Plan. COMMISSIONER SCHIFFER: The problem we have, though, is that you've stated that our level of service is a C or a D, so that has to be interpreted that the county is -- either has areas that are C's or areas that are D's, but I don't think that's really true from your conversation. So could you -- here's the problem. Are we going to recommend an unacceptable condition? I don't think we should do that. So can -- why is the D in there? Is it some 20- year -old guys walking around? MR. KURTZ: There's a huge qualifier, I guess, to that that -- you know, what was the basis? What was the standard of designating -- of things getting that designation? And, in fact, it is -- it's the 1990 stonnwater master plan. COMMISSIONER SCHIFFER: But you know and you stated both sides of the line; the private sector and the public sector has done a lot better on doing stonnwater on all their projects, all your roads, all our PUDs, all -- everything. So why are we saying -- can't you drop the D so we can -- last year you never gave us a grade, but you're giving us an extremely failing grade and expecting us to recommend acceptance of that to the commissioners. MR. KURTZ: I -- well, I'd like to qualify why it's still listed as C and D, and I thought I did that in the text portion and then this discussion as well, you know. I guess, again, you'd have to go back to what is the basis for the C and D, and it wasn't really looking at design stone events. Like one of the things we used to hear is how often do you get the 25 -year, three -day storm? Statistically speaking, you're supposed to get it once every 25 years. Those are things that need to be given a lot more consideration as we revamp this C and D. But I agree with your -- and I understand your concern if today, right now, we're still saying C and D, that could be an issue. COMMISSIONER SCHIFFER: So how about this: Can we change that to be C with some minor areas of D, just so that it looks like -- I mean, I don't want us to approve an unacceptable condition. And the Page 29 of 55 September 28, 2012 "Special CCPC /AUIR" meeting way you're stating it, the whole county's in C or D, and that's not the case. MR. SCHMIDT: If I could? COMMISSIONER SCHIFFER: Yeah. MR. SCHMIDT: Keep in mind that the C and the D that's reflected on your Page 23 and on the screen in front of you, on the imagizer, are 20- year -old standards. They do not reflect the actual levels of service per basin that are required of developers and the design of their water retention and the detention facilities. Those are found in the Capital Improvement Element, separate portion of a document that may not be in front of you today, and those transition period -- or that transition period that Jerry is talking about has been happening for those 20 years and continues to happen. So as we design individual developments, and with the major projects like LASIP, we make up for past insufficiencies. The Estates, we're making up for all of those acres, for instance. And as we reached that point, it's true. We'll have reached that point of balance, and we can reflect that we're now showing countywide we have that level of service being met at a higher standard. But until that long -term project or those projects are being met, it was thought best by the county to show those lower levels of service. COMMISSIONER SCHIFFER: Or, essentially, accept those lower levels of service? MR. SCHMIDT: They had. COMMISSIONER SCHIFFER: Okay. But we -- in this report, what is our level? I mean, do we have no idea? What you're saying is wait a year, we'll get the Watershed Management Plan, and we'll figure this out so we can see what the level of service around town is? MR. KURTZ: No, it's not saying that. It is true that -- the everything that's currently built and designed meets the -- you know, it's designed per the 25 -year, three -day storm, as well as structures are all set at the 100- year - design storm. So, you know, all new development designed and permitted is certainly not being built at a C or D. I guess it's -- the C or D comes with some qualifiers with it, and that's what we're trying to explain. It's like a remaining -- remaining historical -- COMMISSIONER SCHIFFER: But should we not carry the D along? I mean, should we recommend that we change the acceptable levels of service to a C only? MR. KURTZ: Well, I have variable dash C or D, and with a description. MR. CASALANGUIDA: This might help, if I could, because Jerry and I have been working on this thing for about a year and a half together, and I've got to give him a lot of credit. He's done an excellent job. He's been really focused on the plan. Have you covered Page 25 yet, or they're just still -- MR. KURTZ: No, I haven't. MR. CASALANGUIDA: Okay. I think -- and I kind of whispered to him to talk about Golden Gate Estates, because when you talk about level of service, you're talking about countywide. As Jerry pointed out, all new developments meet a tremendously higher standard. But you've got a whole legacy system in the Estates, even the urban Estates in certain areas that is probably E or F. I mean, if you look at you know, it's holding water. It's not built, was never designed to handle 100 -year storm, nevertheless a 5- or 10 -year storm. When you look at Page 25, you're not really approving anything that's driven by these letter grades. As Jerry pointed out, the first two years, almost first three years are entirely LASIP still, so there's nothing in Year 1 or 2 that's new. I talked about -- we talked about roads a little bit, the program is going to transition under Golden Gate City, which is mostly asset management. It's not as much of a flooding issue. So that's going to drive it. With your question, Commissioner Schiffer, it's really the Watershed Management Plan projects on Page 25 that probably we need to do a good job and make sure that we're explaining to the board that these are meeting level -of- service flooding issues. Everything above that, whether it's LASIP already approved and we've just got to finish it, and Golden Gate City is going to be all asset - management repairs and upgrades to existing systems. Page 30 of 55 1612A4 September 28, 2012 "Special CCPC /AU1R" meeting You had mentioned you had asked -- I think it was you that said, is the district coordinatingowith us? The stuff that's under the Watershed Management Plan, we're actually going to -- hopefully they'll fund most of that. And there is one correction I wanted Jerry to point out. In FY14 on your Page 25, Project 60123, it's showing a quarter million dollars, $250,000. That needs to be X'ed out. The district is paying for the balance of that bridge. We're only into it for a quarter million based on FY12, and 106,000 cumulative in FY13. We're not putting any money in FY 14 to that. COMMISSIONER EBERT: What is that? COMMISSIONER BROUGHAM: Page 25, 60123. MR. CASALANGUIDA: Yeah, FYI 5. COMMISSIONER BROUGHAM: 28th Avenue Southeast culvert crossing over the canal. MR. CASALANGUIDA: Right. That 250- should not be there, and we'll just roll that into one of the other projects to balance the budget. But I think -- you raise a good -- COMMISSIONER SCHIFFER: Here's my problem, though, is that, you know, even out in the Estates, if we say a D is acceptable, even though we call it unacceptable, that means that we're -- people are allowed to have flooded streets. I mean, shouldn't we be working to -- if something is below the level of service, to bring it up? MR. CASALANGUIDA: Right. COMMISSIONER SCHIFFER: And we're doing that with the design standards; lots of little things are trying to do that. But I just have a problem with having "unacceptable" acceptable. MR. CASALANGUIDA: It's -- and that's the problem. I think when we talked about this is we developed the business plan as your Level of Service D is existing conditions. So you're almost -- you're almost -- if you raise it, you're throwing everything into failure. We're basically saying by having C and D and -- notwithstanding that we're going to modify this going forward, you are at D, and you're going to be at D for a real long time in Golden Gate Estates. COMMISSIONER SCHIFFER: And we have to focus on fixing that. MR. CASALANGUIDA: Yes. And it is in your program in your outer years. What will drive that is which one of those three projects gets priority. Obviously, I think, we have them listed as 1, 2, 3 in terms of priorities anyway. COMMISSIONER SCHIFFER: So if we cut the D, you think there'd be a -- what would be the problem? I mean, I have plenty of experience explaining to my parents the advantages of an F grade, you know. So -- I mean, what if we just got rid of it and -- we could start raising those standards and saying that isn't acceptable, what's happening. MR. CASALANGUIDA: You can -- if that's the direction is for us to explore that, we certainly will, but recognizing if we raise it we're going to be failing in one area for a long time. If you say your level of service is A and B, then we're going to be -- there's going to be a huge area that's at D, and we've basically said we -- how do you set a level of service that you already have an approved plat that doesn't meet that level of service. You're saying -- that was built to that standard. COMMISSIONER VONIER: Brad? Excuse me. Couldn't we just put a caveat on our approval? COMMISSIONER SCHIFFER: Well, I think we can recommend studying eliminating, you know, the Level of Service D as acceptable, because it's called unacceptable. You could call it failure, you could call it -- I mean -- and maybe that's not as major an issue that we're spending the time on, so -- MR. SCHMIDT: And, again, if I could add, keep in mind, again, on the screen you're looking at something that's 20 years old. The Watershed Management Plan follow -up work to set some new standards will redefine this, and those Levels of Service D unacceptabilities that are conveyed by this chart will no longer exist, because you're measuring things in a different way. Those insufficiencies in the system have been eliminated because of the compensation over 20 years of development at other levels of service. And so it -- dropping it out now or removing it entirely just simply means that you're remeasuring or affecting properties and calculations. You wouldn't be impacting the results of the structures, the drainage facilities themselves. Page 31 of 55 1, 6 1 -, !,� 4 A September 28, 2012 "Special CCPC /AUIR" meeting COMMISSIONER SCHIFFER: No, but we would be saying -- again, it's back to, you know, Mom, that F's okay because. You know, we would be not accepting flooding streets. I mean, these things -- you know, if you look at D, that isn't acceptable anywhere in the county. MR. SCHMIDT: I'm going to have to say it another way. This is a 20 -year chart. It's not unacceptable to us. It was the day this was printed, and we're showing it to you as a matter of history. COMMISSIONER SCHIFFER: Okay. MR. SCHMIDT: He has other slides available that he's trying to show you that its no longer the situation where this is unacceptable. We don't have areas where Levels of Service D are exhibited because of the improvements we've made. Where they are being exhibited are in those areas where we have yet to make strides in the programmed facility improvements that you're looking at. MR. CASALANGUIDA: We're in semantics. CHAIRMAN AHERN: Right, I agree. MR. CASALANGUIDA: I think -- yeah. I think if you're telling us to relook at the grades, the Watershed Management Plans have said to do that. We will do that. But we have areas right now where we have issues. We're all aware of where those areas are. COMMISSIONER SCHIFFER: Right. MR. CASALANGUIDA: And we are focusing our program to that, notwithstanding, just like in roads, you've got to take care of what you own first. So we've got to make sure that existing conditions we have, we're not going to let them deteriorate in Golden Gate City. If we've got to decide between a new capital project to improve level of service over maintaining an existing system, my vote will be maintaining the existing system first and then move on and, if we can, balance them with a little bit of both. COMMISSIONER SCHIFFER: Okay. CHAIRMAN AHERN: Do you have one more thing? COMMISSIONER BROUGHAM: One more comment. As I understand this, what we're charged to do today is to evaluate and then recommend projects, capital projects, that will strive to get to the standard level of service. MR. CASALANGUIDA: Right. COMMISSIONER BROUGHAM: Okay. Just an observation and based upon the last 15, 20 minutes -- and I hear a lot about the future. But from my point of view the projects and the justification for these projects in the stormwater area do not give me that level of comfort that I saw, for example, in transportation where you have rated road segments and so forth as to they're failing or they're good and they're bad and they're so forth. And I would hope that next year when these things come together when we are presented with a list of recommended projects, we can endorse them because they will speak directly to those areas of the county or those infrastructures that definitely are contributing today to a less - than- standard level of service. I mean, that's what I think is missing, Nick, and it's more of a recommendation on my part -- MR. CASALANGUIDA: Okay. COMMISSIONER BROUGHAM: -- that you're asking us to endorse some projects and, Phil Brougham, quite frankly, doesn't know the justification for these. MR. CASALANGUIDA: Let me -- I think we -- real quick. And I don't want to steal Jerry's thunder, but Fve been working closely with him on this stuff. On your Page 25, we can go down this in probably 10 minutes, and I want this commission's comfort level that we are, and we probably didn't do a good job verbally explaining it, but maybe if we just kind of run you through some of these projects you'll understand where we are. COMMISSIONER BROUGHAM: That's up to the chair, but I'm -- CHAIRMAN AHERN: Well, that's up to the board. COMMISSIONER EBERT: Yes. COMMISSIONER BROUGHAM: That's fine. MR. CASALANGUIDA: On your Page -- are you pulling it up? Perfect. Page 32 of 55 1612 A4 September 28, 2012 "Special CCPC /AUIR" meeting Your first slide, your Gordon River water - quality monitoring, that's just required by that project. Your Lely 51101, your LASIP, that's been that 15 -year multi - community project. I don't think -- I think this Planning Commission, everybody knows what that is. Again, your next line, that's your master planning that we put a nominal amount every year just to keep updating these plans. There's 40,000 in there every year. Also required by law, your NPDS monitoring program, 150,000 a year. So those are your current multi -year commitments that are -- we show them, but they're required for us to do. We get into the project I discussed earlier, Golden Gate City outfall replacements. We have a map -- we'd be happy to share with you, not now, but I can send it to you -- that shows all the different structures in Golden Gate City that are failing. Altogether, it's about a $15 million project. Now, that's an asset management project that doesn't get into fixing flooding. A lot of Golden Gate City works really well; it's just that the pipes are deteriorating. So that's where you get into -- we've got to make sure we maintain what we have. Your secondary system repair is where we -- on -call. Something fails, a swale gets blocked every year; a nominal amount of money. It's $100,000 a year. Your 28th Street Ave. culvert crossing, that's where you're getting into flooding. That's middle of Golden Gate Estates. That's on the Miller Canal where the district has diverted water coming down the Miller, and that is a five barrel bridge, I call them. It's basically culverts. We're going to go to a CON /SPAN. We're only going to pay about a quarter million. The district is going to match that up to a million dollars. They're going to pay the bulk of that, and that will hopefully reduce some flooding. The next ones are weir replacements. Again, mostly asset management and some hydrology improvements. Jerry's working on each one of those right now. System - capacity projects. You can -- you don't see a lot of those because we focus primarily on maintenance of the existing system. So you don't have a lot of system - capacity projects. Some of these are being driven by what projects utilities do. What Jerry's done a great job at is when public utilities replaces a drainage system, and it's on the side of the road, he's been calling up and going, while you're doing that, because you've got to rip up my drainage system at the same time and replace it, I'm going to give you a design and a cross - section to replace it to that makes it better. And we -- again, they're probably going to have a better robust program than we are. We may not be able to keep up with them. But every opportunity we have to jump on a project they're doing to leverage their dollars makes perfectly good sense. So those are those next three projects right there. And then, really, for this board, your Watershed Management Plan projects, those are the ones where you're talking about level -of- service improvements primarily, mostly in Golden Gate Estates. A lot of these above that line are maintenance and rehab projects that we have to do. The northern Golden Gate flowway restoration is the one area where Commissioner Schiffer and I talked about you have an unacceptable level of service. It was actually designed that way. They designed it not to handle a storm. These are multi -year; I think your estimates are 5 to $7 million. I'm hoping we can get the district to fund the bulk of this stuff because we obviously -- they raise quite a bit of dollars. So in your AUIR/CIE that you have here, really you're at Year' 16, '17, and we're -- hopefully you're agreeing with us that that Golden Gate City area, Golden Gate Estates area, and that -- that's the biggest issue we have countywide. COMMISSIONER BROUGHAM: And my only point there, Nick -- and I accept all that good input MR. CASALANGUIDA: Okay. COMMISSIONER BROUGHAM: -- is if next year -- you know, there could be that kind of a justification put behind these projects for us. We'll see it, we'll study it. We'll say, wow, you know. This is an area that's failing. This project is pointed directly to correct that failure, et cetera, that would help me. MR. CASALANGUIDA: Yeah. We didn't give you enough backup. I said to Jerry, it's just two Page 33 of 55 2 A 4, A September 28 2124peka CPC /AUIR" meetin g pages. I think we can do a little better at giving you a little more meat. COMMISSIONER BROUGHAM: Enough said. Thank you. COMMISSIONER EBERT: I just have one thing, Brad. When the level of service -- when Jerry put it up for you, we weren't supposed to see that, so you really didn't know -- weren't supposed to know what -- COMMISSIONER SCHIFFER: Well -- but he called -- COMMISSIONER EBERT: -- what C and D were. COMMISSIONER SCHIFFER: Well, but he called -- well, okay. I mean, he calls out C and D, so that's -- CHAIRMAN AHERN: We'll blame Phil. COMMISSIONER SCHIFFER: I think we should know what he's describing as the level of service. CHAIIZMAN AHERN: Are there any other questions? (No response.) CHA UVIAN AHERN: Does anyone have a motion? COMMISSIONER BROUGHAM: Before that, just looking at the agenda, it says that we should ask for public speakers before we close out every topic. CHAIRMAN AHERN: I think at the beginning I made everyone aware just to come up to the podium. COMMISSIONER BROUGHAM: Okay. So we don't need to do that every time. Good. CHAIRMAN AHERN: I don't think there's anyone from the public here. Do we have a motion? COMMISSIONER SCHIFFER: I'll make one. I move we forward the 2012 AUIR stormwater management system's summary form with a recommendation of approval, and also I'd like to add to that that we recommend the stormwater establish an objective method of analyzing the stormwater in the county. COMMISSIONER EBERT: I'll second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Okay. Approved 7 -0. Thank you. MR. CASALANGUIDA: Thank you. COMMISSIONER BROUGHAM: We're moving right through this. CHAIRMAN AHERN: ** *Looks like Nathan is coming up next. Do you want to start with potable water? MR. BEALS: Good morning. For the record, Nathan Beals, public utilities. We'll start with the potable water system. Basically, we have no new expansion projects planned for the next 10 years, and I can answer any questions you have. CHAIRMAN AHERN: Does anyone have any questions? (No response.) CHAIRMAN AHERN: Anyone have a motion? COMMISSIONER SCHIFFER: Well, just one quick question. If you look on your Page W7, it's your level of service -- let's see, it's -- W7; 35 in our book. What's going to happen to us in 2006 (sic)? Are we going to -- it looks like we're starting to get in trouble there. MR. BEALS: We are -- that's the representation of the Orange Tree Utility's (sic). With -- if nothing goes on, based on the population projections and the level of service they have reported in the Growth Management Plan, that's how they look. They're currently not out of compliance, but there is potential. There's been talk in the past about transitioning toward providing service to Orangetree from Collier County Water /Sewer District, but that's subject to board approval. Page 34 of 55 16 1.2 A 4, E September 28, 2012 Special CCPC /AUIR meeting COMMISSIONER SCHIFFER: Okay. The next question is on the -- Page 36, it shows existing and future water service areas. Now, it doesn't really differentiate between existing and future, does it? MR. BEALS: No. That's the existing water /sewer district boundaries. COMMISSIONER SCHIFFER: It's not the future? Because -- the question I'm asking is, down in the -- let's take the Bayshore area and all that; is that in our system or in this map? I guess it's not, is it? MR. BEALS: The Bayshore area is not. COMMISSIONER SCHIFFER: The city. CHAIRMAN AHERN: City of Naples. COMMISSIONER SCHIFFER: Is anybody looking to bring all of the county residents into the county system? MR. BEALS: At this time, due to it being as part of the City of Naples water service area, it's not being looked at to be brought into us. COMMISSIONER SCHIFFER: Okay. I mean, people do have concerns that it's not as good as the county system, doesn't have the required flows and stuff like that or as good a flows. MR. BEALS: They're meeting the requirements of their permits, as far as we know. CHAIRMAN AHERN: I'll testify my flow is fine. COMMISSIONER SCHIFFER: Well, I mean, designing buildings in that area, the fire flow's really low and, you know, the loser is the owners of the buildings that have to pay more for that. Anyway, so there's nothing going on in the county that would ever cause people to think about incorporating all of the citizens into the Collier system? MR. BEALS: Not at this time. That could, obviously, change next year. COMMISSIONER HOMIAK: Brad asks that same question every year. COMMISSIONER SCHIFFER: Every year, yeah. I've got it down. Okay. All right. Thank you. CHAIRMAN AHERN: Any other questions? (No response.) CHAIRMAN AHERN: Do I have a motion? COMMISSIONER SCHIFFER: Yeah. I'll move we approve the potable water as presented in the 2012 AUIR. COMMISSIONER HOMIAK: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. Thank you. MR. BEALS: ** *I'll stay up here for the wastewater section. Same comment: No new expansions in the next 10 years. I'm hereto answer any questions. CHAIRMAN AHERN: Go ahead, Brad. COMMISSIONER SCHIFFER: I move we forward with a recommendation of approval the 2012 AUIR for wastewater system. COMMISSIONER BROUGHAM: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. Page 35 of 55 1612 A4 September 28, 2012 "Special CCPC /AUIR" meeting COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. COMMISSIONER EBERT: Tough day. CHAIRMAN AHERN: Do you want to keep going? MR. BEALS: ** *I'll stay up here for the solid waste as well. Really, no new expansions. I can answer any questions, or I have the solid waste director as well here to help out. CHAIRMAN AHERN: Any questions? (No response.) COMMISSIONER SCHIFFER: I move we forward the 2012 AUIR for the solid waste with a recommendation of approval. COMMISSIONER VONIER: Second. COMMISSIONER KLEIN: (Raises hand.) CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion -- Mike? MR. BOSL• Not to interrupt your motion. I think it was completed, but just wanted to -- I never miss an opportunity. We always hear about, you know, some of the inefficiencies and the stumbling sometimes of government. When I started this process -- when I started, we looked back, and in 2000, it was 2016 we thought our landfill was done. Behind the recycling program of Mr. Rodriguez and his team, we have -- and with the vertical expansion, we're out to 2067. And this is one of those good news of government where, back in 2000 it was 1.21 tons per capita, you know, for disposal rate. We've more than halved that. And we're now being aggressive on the commercial side. So this solid waste team has done a terrific job, I think, for the overall citizens of the county, and I'd just like to kind of prop that up. CHAIRMAN AHERN: I agree. And I think by 2067 we'll have something else in place to take care of the waste. COMMISSIONER EBERT: One other thing. I also really want to give you a lot of kudos on this. Where I saw the change was when we went to the big barrel. That was huge. I mean, so huge, the neighbors were so happy you wouldn't see their wine and beer bottles, and they -- I mean, you completely changed everything. And that's really what happened. COMMISSIONER BROUGHAM: The neighbors. COMMISSIONER EBERT: Yeah, whatever. I just -- I can't tell you. I mean, our garbage -- I'd like to lower my barrel size, because I do a lot of recycling, and -- COMMISSIONER BROUGHAM: Wine bottles. COMMISSIONER EBERT: No, I don't drink wine at all. It's just washing out containers, you know, making them clean before they go in there -- I've done that my whole life -- but it's such a huge change. And I noticed it the first month in my community when those barrels were put out. MR. RODRIGUEZ: Well, for the record, Dan Rodriguez, your solid and hazardous waste management department director. That's great to hear, Planning Commissioner. And like you, and -- all the residents of Collier County have contributed greatly to the recycling planning. We are one of the largest recyclers in the State of Florida. hl fact, Collier County is the second, third largest recycler year after year, and it's because of the conservation Page 36 of 55 A4 September 28, 2012 "Special CCPC /AUIR" meeting culture we have here. It's the commitment by the citizens to recycle more. And as Mike clearly explained, we have made this very valuable asset worth over a billion dollars, the landfill. As you know, they're not building anymore. They've haven't in the last 25 years. We've pushed its life out to 2067. And as the planning chair stated, new technology is coming our way, like single - stream recycling. And hopefully the -- we won't -- we'll lessen our dependency on the landfill even more. And what we really need to get after, though, the next couple years is business recyclers. They do a good job in Collier County, but they can do a better job. We recently completed an inventory of the material getting into the landfill. Still, 50 percent of it is recyclable, the cardboards, plastic, aluminum. And the majority of that is coming from multifamily, condominiums, as well as the businesses. And we have direction from the board to get after that, and that's what we plan to do. So the AUIR will continue to be pushed down. COMMISSIONER EBERT: One other thing I'm going to mention to you, your same company is up in Minnesota, Waste Management, and they need you up there, because I went up there, and you can't throw -- you cannot recycle like we do down here. It's unbelievable. I mean, what they cannot put in, I said, it's almost not worth it the way they have them doing. So, please, put your expertise up in Minnesota. MR. RODRIGUEZ: Sounds great. Thank you. COMMISSIONER SCHIFFER: Question, Mike (sic). The big jump we have, though, isn't that due to the air space being raised or the capacity? MR. RODRIGUEZ: You know, actually, the vertical expansion, I believe, added 20 years. I don't have it right in front of me. I can grab it. The vast majority of that is the recycling. We started that, thanks to our administrator, Dr. Yilmaz, and the Board of County Commissioners and the county manager had a strategic plan 11 years ago, and they said, let's make recycling/reuse the priority here for the community. And what you've seen is C &D material, construction material, you've seen recyclables get pulled away. So we gained the vast majority of that to recycling and diversion. COMMISSIONER SCHIFFER: I agree with that. What is the -- but the height, the maximum height we can go to now is what? MR. RODRIGUEZ: The board approved -- the permit through FDEP is to 200 feet; however, the Board of County Commissioners specifically stated, let's only bring that to 178 feet. COMMISSIONER SCHIFFER: Okay. And we're -- what's the height now out there? MR. RODRIGUEZ: It's at about 102 feet. COMMISSIONER SCHIFFER: Okay. So we could go twice as high as we are out there. Obviously, its not exactly straight up, so -- MR. RODRIGUEZ: That's correct. With the board's approval to have Waste Management pursue the permit, we gained an additional $350 million in disposal capacity adding that additional 20 years. COMMISSIONER SCHIFFER: And then with your recycling, we'll never get near that? MR. RODRIGUEZ: Well -- and that's the really good news. A lot of people say, well, why do you want to build such a tall monument to waste? The fact of the matter, if we continue at the rate we're doing, continuing to increase recycling, get after the businesses to recycle more, we'll never get to that capacity. And, in fact, technology will advance to where we can go back, like we did previously two years ago, and reclaim those cells and take that -- those recyclable materials out of that landfill. And, as you know, 65 percent of the material in the landfill that's put in there is soil; the material deteriorates to the point that it becomes soil, so -- COMMISSIONER SCHIFFER: That's good. Good job. And it doesn't smell. MR. RODRIGUEZ: No, our landfill doesn't stink, that's correct. CHAIRMAN AHERN: Thank you. Who else do we have -- COMMISSIONER SCHIFFER: You want me to move that one? CHAIRMAN AHERN: We did. COMMISSIONER BROUGHAM: We did. Page 37 of 55 September 28, 2012 ` pecial CCPC /AUIR" meeting COMMISSIONER SCHIFFER: Oh. Where was I? CHAIRMAN AHERN: Who else do we have in the audience that we could try to get through quickly? MR. BOSL• And I think Amy Lockhart, for the school district's here, and she's here just to answer questions. One of the things -- and I provided, I think, the CIP by email. It's a pretty extensive document. But as you can see, there was no new facilities planned within the five -year window. Based upon that, there's no inconsistencies with our capital improvement program. We're looking for the recommendation that's stated on Page 63 that basically -- include by reference the school district's work plan within our CIE and forward a recommendation to approve the school's AUIR and CIE amendment. CHAIRMAN AHERN: Did anyone have any questions on the schools? COMMISSIONER EBERT: I had a couple. MS. LOCKHART: For the record, I'm Amy Lockhart, the long -range planner with the school district. COMMISSIONER EBERT: Hi, Amy. MS. LOCKHART: Hi. COMMISSIONER EBERT: I had a couple -- I notice in a lot of the PUDs that you get land and everything. How much property do you have set aside for schools at this point? MS. LOCKHART: I don't have an actual acreage figure, but we do have actually three high school sites; we have four middle school sites; we have several elementary, maybe five or six elementary school sites. Back in the early part of the 2000s, and beginning in 2000, we began on a very aggressive land acquisition agenda. Not all of it was achieved through the DRI process or a PUD. A lot of it was our own funding sources. We do have a school site achieved; two, actually, a middle and an elementary, with Ave Maria. We have a high school site pending with them. We haven't located the site yet. So those -- that was one of our last acquisitions through a DRI. Actually, no, the last one was Hacienda Lakes. We were able to obtain an elementary school site with your help. We greatly appreciate that. COMMISSIONER EBERT: And Parklands. MS. LOCKHART: Parklands. We have had that site for a while, but we were able to keep it when they -- yeah, yes. You're absolutely correct. Are there any other questions? As noted, we don't have any projects, any school projects within the five -year time frame. We're like roads in the sense that we have entered into asset management phase. Since 2006, we have -- prior to that, from 2000 to 2005, we grew roughly around 1,500 students per year and 2006, 7 and'8, we fell; we actually declined. It was just like a plummet from 2005 growing at about 13 -- 12 -, 1,300 to -- we minused about 100. But since 2008, '9, '10, '11, we've gradually increased; a hundred that first year, a couple hundred the next year. Last year we were at a little over 300. So far this year we have -- from last year, we've gained less -- a little bit less than 600. So we're picking up a little bit. We don't anticipate any level -of- service issues, any concurrency issues. Because as we were also buying that property, we were also -- because we were anticipating growing at that rate, just as roads were anticipating growing at -- continuing to grow at that rate, we had built a lot of capacity. Some -- that capacity may not be in the place where we are going to grow, but we'll monitor that and manage our attendance boundaries and be able to achieve our levels of service for five years and beyond without any -- we don't anticipate any concurrency level -of- service issues, so -- CHAIRMAN AHERN: Any other questions? COMMISSIONER VONIER: As a matter of interest, what is the school population? MS. LOCKHART: As of -- we count on a month -to -month basis. Actually, the first days of school, we count every day. But as of Month 1, we're at 43,860 something. Page 38 of 55 2A1 September 28, 201 ecial CCPC /AUIR meeting g COMMISSIONER VONIER: Okay. MS. LOCKHART: Yeah. CHAIRMAN AHERN: Okay. Do I have a motion? COMMISSIONER SCHIFFER: I'll do it. Forward -- we recommend approval of the recommendation of the Collier County School System Capital Improvement Plan. CHAIRMAN AHERN: Second? COMMISSIONER HOMIAK: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. Thank you. Okay. Would the board like to go ahead and break for lunch, or you want to -- COMMISSIONER SCHIFFER: We can take some staff and -- MS. WASHBURN: We're here for parks. CHAIRMAN AHERN: For parks. COMMISSIONER SCHIFFER: Let's do that. COMMISSIONER BROUGHAM: Oh, that's going to take -- that's going to take a little bit longer. COMMISSIONER VONIER: Why? CHAIRMAN AHERN: I don't -- parks doesn't have any scheduled improvements. COMMISSIONER BROUGHAM: It's going to take longer than seven minutes, I think. CHAIRMAN AHERN: Well, we don't have to -- COMMISSIONER SCHIFFER: Well, we can go eat at 12:30. CHAIRMAN AHERN: We don't have to break at 12:00. COMMISSIONER BROUGHAM: Okay, that's fine, too. COMMISSIONER VONIER: Yeah, let's get started. COMMISSIONER BROUGHAM: All right. COMMISSIONER VONIER: Let's get them out of the way. MS. WASHBURN: ** *Good morning. My name's Ilonka Washburn. I'm with parks and recreation. And we didn't really prepare any presentation. Our community parks, based on the population and level of service, show a surplus, and within our regional parks we're planning the addition of Corkscrew land and Pepper Ranch that will also take us into the surplus. So if you have any questions, I will try and answer them. CHAIRMAN AHERN: Phil, did you have questions? COMMISSIONER BROUGHAM: Probably questions and comments, yes. Within parks -- and if you look through all of the exhibits, and particularly in the appendix, there's some usage statistics and so forth and so on. Level -of- service standard in terms of both community and regional parks -- and I guess this -- another, is, again, that's the acquisition or inventory of acreage of park facilities. And some of the inventory is raw land, undeveloped, some of it has been developed and have amenities on it for years and years and years. But it seems to me that there should be some consideration in our level -of- service calculation for parks, having some consideration on the utilization and the demographics of the population that we're trying to serve. To me, it's too surfacey (phonetic) of a level -of- service standard just to measure parks on acreage. I Page 39 of 55 16 1 2N i September 28, 2012 "Special CCPC /AUIR" meeting mean, road capacity is measured in terms of usage, you know. It's the trips that are measured and so forth as you rate capacity and usage and whether a road is in failure and so forth. But when it comes to parks, parks are probably one of the -- next to road, one of the closest public facilities to the public that we have, whether they -- and it spans all generations, and the parks should be measured in terms of do we have the right facilities in the right location for the right set of people that are utilizing our park facilities. And it just seems like our level -of- service standard ignores all of the things that are important. And I don't have any recommendation to make on this, more of an observation, that acres -- naked acres, to me, misses the whole point of level of service to the public in terms of Parks and Recreation. MR. BOSL• And if I could provide you a little insight, we used to have a levels of service for our facilities. It was the decision of the Planning Commission -- or the recommendation of the Planning Commission and the decision of the Board of County Commissioners, I think, in 2007 to remove the facilities, because each individual park has -- each individual set of demographic, its surrounding demographic populations, and because of those unique circumstances, and case preferences (sic) and age distribution, that each individual park had its own set of needs. And in trying to standardize the level -of- service for what type of facility should be going on, a community park or a regional park did not give the flexibility for the unique demographic preferences. The way that the park system has developed -- and we do have a facilities portion back in the supplemental data to show what facilities are existing and are planned for the various parks and the undeveloped parks as well. The park system, as a new park comes on, has an extensive community outreach in terms of speaking with the residents and surveying the residents to what type of facilities that would be for each individual park as they acquire. But when we went back and we looked -- and it was after we made that decision, and when we did the level of service analysis, every community, every jurisdiction, every county, every municipality, the way that they measured their level of service was by acreages. I agree with you, Commissioner Brougham, the more important part is what is going on in one of those acreages for each individual geographic area. And the park system has a pretty extensive outreach for how that determination is made. COMMISSIONER BROUGHAM: No. And I have -- I see every month the utilization statistics, and they keep real good tabs on how many people are using the beach park facilities, how many people are going in each park, et cetera, et cetera, et cetera. So I acknowledge that the parks and rec department made -- or has good handles on who's using the park facilities. But what I'm concentrating on now is a level -of- service standard. And irrespective of what the rest of the state does, a level -of- service standard seems to ignore the most important factor on parks, which is how well are our parks being utilized. How well are we providing the right level of service to the public? And it goes well beyond just pure acreage, in my opinion. I'm not -- I know -- I'm probably just speaking against the wall here, but I would really like to see some improvements as we go forward in future AUIR cycles and segments that give some acknowledgment to that. In the appendix, you can see that some of the utilization of our parks has dropped off and yet we're sitting with a surplus of parkland in excess of our level of service. And if our utilization is dropping off, what's that have to say about our level -of- service standard? Maybe we're not meeting the level of service that our public expects and, therefore, they're not going to our parks. It's -- again, to me it's too shallow, it's too surfacey. We need more meat and potatoes. And, again, let's don't plan to acquire more raw acres and neglect what we have behind us, and neglect is contributing to a decrease in utilization. MR. BOSI: I recognize that, and I will say on Page 215 we do have a recreation/facility -type guidelines, and these are unofficial levels of service for the types of water access points, athletic field, hard courts, indoor recreational facilities, pathways, those type of facilities. We have an unofficial levels of service adopted for those, because these are part of our concurrency management system, and as I described, the inflexibility of if you set a levels of service for these in terms of allowing to change based upon the changing taste of the population in the community, that's why I think that Page 40 of 55 16 2 A4 September 28, 2012 "Special CCP /AUIR" meeting was part of that motivation for the Planning Commission and the Board of County Commissioners to recommend that this be taken out of the concurrency management system, but be put more in a softer appendix -type document that says we've got a levels of service that are recommending guidelines, but -- and we try to adhere to them because, you're right, those type of considerations are the most important type of considerations that -- that go at, what are the facilities at the park. COMMISSIONER BROUGHAM: I guess -- and I read the appendix, and I see those, and it speaks to what I said. I know they have all the statistics and so forth. And I guess my lobby would be that, irrespective of past actions and now they're very soft consideration laying in an appendix somewhere, that they be given more weight in the future, particularly if we're not -- if the population is not increasing at an accelerated rate but yet our utilization is dropping. I mean, what kind of mind games are we trying to play with ourselves over level -of- service standard? And end of editorial. But I would just hope that we can recommend or see some better consideration for utilization as a measurement of attainment of level -of- service standard or a modification of level -of- service standard in the future. MR. BOSI: That's, I think -- that comment has been from the Planning Commission almost every AUIR, how do we bring the utilization, the -- to the level of service making it more dynamic. COMMISSIONER BROUGHAM: Well, I can give you a suggestion then. I had a discussion with parks and rec director Barry Williams this week, and he said he would be more than happy to prepare a document that could address those issues for consideration by whomever the responsible party is. So it's not just me. I think there's things that can be recommended by the experts that we can consider for future years, and I would recommend that we ask him to do so with the concurrence of the board. CHAIRMAN AHERN: Are there any other questions? COMMISSIONER SCHIFFER: No. And, Phil, for the legacy of it, we can do that, and we've gone through that. And in the beginning we used to do that, and we just got tired and caught in the weeds because of -- first of all, a lot of these communities have private recreation. What do you do with them? You know, what is the age group of the people that really do live in this town, and what do you do for them in a public park? So, I mean, it really got complicated to where we just wanted to make sure that we had land available for facilities and then categorize the facilities in the appendix and hopefully spot a problem there if there is one. COMMISSIONER BROUGHAM: Yeah, and I value that, I respect that as I look into the past. But I think we also -- I don't want to be redundant. I just think we need to give more consideration, and let's take a fresh look at that. COMMISSIONER SCHIFFER: Okay. CHAIRMAN AHERN: Well, I think parks and recs does that on an ongoing basis, and at some point we have to rely on the people that we have in place to make sure that those programs that are needed are there. MS. WASHBURN: And we do, we do that. We had a master plan developed also in 2011. So we do monitor those on a monthly basis, if not weekly basis. COMMISSIONER BROUGHAM: My issue with that -- and I agree with you, and I agree with you. My issue with that is that no matter where the statistics lie and no matter where the budget responsibility lies, et cetera, there is not sufficient priority and attention and visibility given to the utilization and the proper maintenance of the facilities in our park system. And I understand the way most of this happens, but I -- my objective is to give more visibility and more focus to areas of our parks and rec system that have not gotten the proper attention, whether it's through the budget process or whether it's through the AUIR process or whatever it is. I still will -- I will maintain that viewpoint. MS. WASHBURN: Well, we appreciate all the help we can get. We do try and give everybody equal attention within our parks. But any help we can get we appreciate. COMMISSIONER BROUGHAM: I'm not criticizing. Believe me, Ilonka, I'm not criticizing parks Page 41 of 55 ,6 i A4 September 28, 2012 Special CCPC /AUIR meeting and recreation here. I think you guys do a fantastic job. Thank you. MS. WASHBURN: Thank you. CHAIRMAN AHERN: Do I have a motion? COMMISSIONER SCHIFFER: I move we forward the 2012 AUIR community regional parks as per the summary form. CHAIRMAN AHERN: Thank you. Is there a second? COMMISSIONER BROUGHAM: I'll second it. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. MS. WASHBURN: Thank you. CHAIRMAN AHERN: Thank you. Okay. COMMISSIONER SCHIFFER: We have libraries here. Can we do library? CHAIRMAN AHERN: Sure. MR. BOSI: Before we do libraries, could we have -- in Page 6 of the staff report, the last recommendation is a request to forward the GMP /CIE schedule update to the BCC with a recommendation to adopt. COMMISSIONER EBERT: What page? MR. BOSI: Page 6 of the staff report. COMMISSIONER SCHIFFER: Mike, I'd like -- can we do that when we come back from lunch, spend more time on it? MR. BOSI: Sure. COMMISSIONER SCHIFFER: I mean, that's -- MR. BOSI: All the roads, the consensus of everything we just heard -- COMMISSIONER SCHIFFER: Everything sums up everything we've done before. I know that. But let's just, you know, do it with a full stomach. MR. BOSI: Understood. COMMISSIONER SCHIFFER: That way we have something to throw up, I guess. But -- we're jumping back into C, but -- CHAIRMAN AHERN: Okay. County libraries. MS. MATTHES: * * *Pm Marilyn Matthes. I'm the library director and, obviously, Page 131 is where libraries start. And we have, obviously, excess capacity in our buildings, and we have no construction plans in this 10 -year time period. We are struggling to keep up with the level of service for books, because our meager impact fee funds are going to pay debt service for our existing buildings. So it is becoming more of a struggle, but we're not too far off. Do you have any questions? CHAIRMAN AHERN: Anyone have questions? COMMISSIONER SCHIFFER: I do. COMMISSIONER EBERT: Yes. Marilyn, I have a question for you. With the new technology and everything and Kindles and everything else, are you getting less and less people into the libraries also? MS. MATTHES: It varies. Certainly, technology is helping a certain segment of the population to use services in a different way. Page 42 of 55 i612 A4 September 28, 2012 "Special CCPC /AUIR" meeting What I'm going to hand out is -- shows a challenge for libraries. We're struggling to -- thank you, Mike. We're struggling to purchase ebooks, downloadable ebooks, audio books, because there are several publishers that don't sell to libraries. There are some publishers who double or triple the price to libraries for that kind of information, and it's a struggle. So we're not at the point where we are going totally ebook or without print anymore. There's certainly a good segment of the population that still relies on print. We have certainly a growing segment that does appreciate the ebooks and the electronic access, and we've tried to emphasize that. Probably from 2010 to 2011 our circulation of ebooks has more than doubled, if not tripled, and it continues to go up, but we also have trouble purchasing the materials we need. The sheet I handed out shows you a comparison of library pricing for three separate formats, the books, the ebooks, and the audio books. And for print books, it's pretty close. You can buy a print book for about what the library can buy it for. Ebooks, downloadable ebooks, is a bit more dramatic, and the same is true of audio books, whether they're audio book downloads or actually the book on CD that we have in the library. There's a lot of discussions at the national level with publishers and trying -- and vendors and trying to get some concessions for libraries, but it still is difficult, and you can see the price differences. So, you know, down the road, are we headed for a totally electronic library system? Probably not, and not very quickly. But we find that libraries are changing -- the people's use of libraries are changing. Fewer people have that home telephone, fewer people have actually that home Internet connection. Our wireless capacity at the libraries, we've tried to emphasize that over the last few years, and think we currently have -- we're installing a different type of system for wireless that actually monitors the wireless and tells us how people are using it. In three libraries that have the new routers that we're -- that we've purchased, over the last two weeks, we've had over 500 people use our wireless within our library system. People are coming and spending the day in libraries. One library in particular maybe doesn't have a lot of circulation, our East Naples branch doesn't have a lot of circulation, but it's full most of the day with people reading books, magazines, newspapers, using the computers. And so the way people are using libraries keeps changing, and we try to keep changing to provide that service that people are asking. CHAIRMAN AHERN: Okay. Brad, did you have -- COMMISSIONER SCHIFFER: I do have one question. It's a small question, and it -- it shows that we certainly have enough square feet. Do you think that level of service is good, or should we just back away and see what the future has? Because, like you say, the library's becoming more than just a place to go get books. It's really the community center for people that don't live in communities with community centers. MS. MATTHES: We did track the number of people who come into our libraries. And do we ever have a time when all our chairs empty? Probably not all our chairs. Some libraries are utilized differently throughout different parts of the day. You know, if you are looking for a quiet place to read and study, you would not go to the Golden Gate Library after 3 o'clock or the Naples Regional Library after 3 o'clock, when the, you know, school kids get out. But in the morning are there -- is there still capacity there? Sure. I think the way we're going to be using space will keep changing. And as we try to respond to community requests, needs, we're going to be reconfiguring space as we can. Some areas that we really haven't worked with a lot are the businesspeople in Collier County, and that's something that people throughout the country are starting to do more. They're looking to their library, not just the business community, but students and the general public, as -- looking at the library as a place to actually go to create content, whether it's -- they're writing their novel of their lifetime or they're preparing a presentation for the business community that they hope to start a business for, or the high school kids or, you know, the middle school kids are using libraries to create their class projects. So do we have enough space now? Yes. Should we want to add those kinds of programs later on, do Page 43 of 55 6 kA Z # September 28, 2012 pecial CCPC /A meeting we have the capacity? Not without major configuration. And some of our libraries have limitations. Our newer libraries have actually small study rooms for small groups, two or three up to 10, 15 individuals, and -- but some of our older libraries don't have that capacity, and we're finding that people do want to work collaboratively, and we need to make it so that they're not disturbing the rest of the public who are coming in looking for a quiet place to study. So, yes, right now we're okay. As needs change, certainly, I would recommend down the road that we look at these additional uses and make sure that we can provide the space before we sign on for additional programs. COMMISSIONER SCHIFFER: I'm good. CHAIRMAN AHERN: Phil. COMMISSIONER BROUGHAM: Just one question. The increase in ebooks, whether they're Kindles, Nooks, or whomever -- and I know that you facilitate the downloading or rental of those. But in the past, people that read hardcover books, softcover books, and so forth would donate them, when they're done reading, to the library. Is there a mechanism that, when you're done reading your ebook, that we could donate read ebooks to the library? MS. MATHES: No, there's not. There's license restrictions that prohibit people from doing that. COMMISSIONER BROUGHAM: I mean, we could do it but it would be illegal, probably? That's okay. MS. MATTHES: No comment. CHAIRMAN AHERN: Any other questions? (No response.) CHAIRMAN AHERN: Do I have a motion? COMMISSIONER SCHIFFER: I move we forward 2012 AUIR library facilities as per the summary form. CHAIRMAN AHERN: Second? COMMISSIONER HOMIAK: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. Thank you. MS. MATTHES: You're welcome. COMMISSIONER SCHIFFER: ** *Mike, let me ask a question about the CIE. Is there anybody who would not have to come back if we voted on it now? MR. BOSI: Well, I think they're -- they've already left the building. COMMISSIONER SCHIFFER: It's -- the court reporter has to and -- MR. BOSI: It's just a formality. You've already approved all the components that make up -- there's no modifications to that program, so it's simply if you would just recommend forwarding it. COMMISSIONER SCHIFFER: Then I recommend we approve the 2012 CIE as presented. CHAIRMAN AHERN: Second? Anyone? COMMISSIONER HOMIAK: Oh, I thought you were doing it. Second. CHAIRMAN AHERN: No, no. I was asking for a second. All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. Page 44 of 55 161L A4 I September 28, 2012 "Special CCPC /AUIR" meeting COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Okay. CIE is approved 7-0. Okay. So let's take a lunch break and come back at 1:15. MR. BOSI: And at 1:15, it would be scheduled, I believe -- the next step would be the beginning of the Category B, would be jails and law enforcement. CHAIRMAN AHERN: Can we make sure they -- they're here? MR. BOSL• Yeah, I know they're watching to see their place in line. Thank you, chair. CHAIRMAN AHERN: Thank you. (A luncheon recess was had.) MR. BOSL• We have a live mike. CHAIRMAN AHERN: Welcome back, everyone. ** *We're going to pick up with, I believe, county jails. MR. SMITH: Good afternoon, ladies and gentlemen. For the record, Greg Smith, chief of administration for the Collier County Sheriffs Office. You have the report in front of you. There are no planned new construction projects within the next five years related to correctional facilities, and I'll stand for questions. CHAIRMAN AHERN: Okay. Anyone have any questions? COMMISSIONER BROUGHAM: Just one. Is the Immokalee Jail Center still open or not? I occasionally see that you have activities going on out there, but -- MR. SMITH: It's never been closed. It's been underutilized, and that's by design, in order to, you know, get some staffing efficiencies and, you know, make the budget numbers work and that sort of thing. We've just been, like, combining. But it's always been open for booking. And right now it's playing an integral part in some of the preventative maintenance that's going on with the main jail over here. We're having, like, close -down housing units there, and we transfer those inmates to Immokalee while we renovate their housing units here. So it's still active, still open. COMMISSIONER BROUGHAM: If you need it, it's there. MR. SMITH: If we need it, it's there. CHAIRMAN AHERN: Hopefully we don't need it. Any other questions? (No response.) CHAIRMAN AHERN: Do I have a motion? COMMISSIONER VONIER: Go ahead, Brad. COMMISSIONER SCHIFFER: I'll stand for a motion. I move we forward 2012 AUIR for jails and correction facilities as per the summary form. COMMISSIONER VONIER: Second. COMMISSIONER EBERT: I'll second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. Chief, you're going to continue? MR. SMITH: ** *Okay. Which brings us to county law enforcement facilities. The only thing of significance that Pd like to bring to your attention is the proposed facility at Page 45 of 55 lv� September 28, 2012 "Special CCPC /AUIR" meeting Orangetree. That does come on the horizon in the next five -year cycle, and a facility that we do have a need for and that we will be asking the county to consider moving towards the design portion of that project. Okay. Any questions? COMMISSIONER VONIER: Question. What does that -- what does that facility entail? MR. SMITH: It is a substation. It houses all the law enforcement operational units that are dedicated to our District 4 out in the rural fringe area, to include Golden Gate Estates. COMMISSIONER VONIER: No incarceration area? MR. SMITH: No, no incarceration area. MR. BOSI: And, currently -- they've been operating out of a temporary facility -- MR. SMITH: Doublewide trailer. MR. BOSI: -- a doublewide trailer for how many years? MR. SMITH: For the past six years now. MR. BOSI: Yeah. So that's one of the next really needed areas of our improvement. We need to transition those officers for that geographic area to be able to support the facilities. CHAIRMAN AHERN: Any other questions? (No response.) CHAIRMAN AHERN: Motion? COMMISSIONER SCHIFFER: Ready? I move we forward the 2012 AUIR for law enforcement facilities as per the summary form. COMMISSIONER VONIER: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. MR. SMITH: Thank you very much. CHAIRMAN AHERN: Thank you. Mike, are we at a standstill? COMMISSIONER BROUGHAM: Dan Summers or something. COMMISSIONER VONIER: Emergency medical. COMMISSIONER SCHIFFER: Well, we don't need -- MR. BOSL• Well, we had members of our facility management team here. Maybe they're still stuck at lunch; they cover government buildings. On the Category B facilities, we have EMS, government buildings, and Isles of Capri Fire Control, and Ochopee Fire Control Rescue District. I think we definitely would need for Dan to be here for EMS, but for Isle of Capri and Ochopee, I could at least cover on the surface. Those two facilities have improvements, one at Mainsail Drive; the other is a permit situation at Port of the Islands. But both have said, and both have said for the past three years, that those facilities can only be brought on, one at the Mainsail Drive, when that fifth tower associated with the development comes on, and that will have the corresponding -- will bring the corresponding impact fee association with it for -- to complete the revenue necessity. And Ochopee, it's -- when the funding does become available, they want to, you know, make that temporary station, which they're working out of a hotel room right now in Isle of Capri to a -- or Port of the Islands, I'm sorry, to a permanent station. There was some discussion at the Board of County Commissioners about potentially trying to find additional ad valorem dollars to help with the construction of that permanent station. That hasn't gone -- it Page 46 of 55 M 12 A4 A September 28, 2012 "Special CCPC /AUIR" meeting hasn't gone forward yet, but that may be an alternative solution to the current proposal, and the current proposal is to continue to wait until funds do become available. So both of the dependent fire districts have identified the areas where they need their new improvement, but they've also -- COMMISSIONER EBERT: They don't have the money. MR. BOSI: -- said it's not programmed for anywhere within the five!year program. It's in the out - years. And as the conditions further define themselves related to the revenue, you know, that will be the dictation as to when they move forward. CHAIRMAN AHERN: Okay. MR. BOSI: And I think I could probably, on the surface, be able to handle some questions related to those two dependent fire districts, if there were any. But, basically, it's -- they're standing put until, you know, the revenue situation unveils itself. COMMISSIONER BROUGHAM: If I might? CHAIRMAN AHERN: Go ahead. COMMISSIONER BROUGHAM: In the case of Isles Capri, they are currently not attaining their level of service to Fiddler's Creek; is that correct? MR. BOSI: (Nods head.) COMMISSIONER BROUGHAM: Level of service, negative four minutes. They're at seven? MR. BOSI: Correct. And as you see, their existing station is outside of that 1.5 -mile radius, the four minute response time, and that's why the need for that Mainsail Drive location is that next location. But as I said -- COMMISSIONER BROUGHAM: They don't have land, they say, and they don't have the money. MR. BOSI: Well, they do have land. COMMISSIONER BROUGHAM: They do? MR. BOSL• As part of the condition of that PUD, the provision for space for the Isle of Capri has to be made, but it's not triggered until the fifth building is constructed. COMMISSIONER EBERT: Until the fifth building is started? MR. BOSI: Yes. That's where the commitment for the space availability comes into play. That's also why it's tied -- that improvement is tied to that next building. CHAIRMAN AHERN: Has the building cost been re- evaluated? It looks like it's just the same number carried forward the last couple years. Are they going to wait until they may actually be able to fund it to look at that again? MR. BOSI: The building cost has remained stagnant, and it's just because they haven't had the revenues to try to identify, and it's just -- and the impact fee study updates haven't reflected a -- I think, an increase within the building costs that we've incorporated with -- into the AUIR. CHAIRMAN AHERN: Okay. Does anyone have any other questions? COMMISSIONER SCHIFFER: I have a question. Mike, in the Hammock Oaks, isn't it three towers are built, and you're saying the fifth one, or is there four towers built? COMMISSIONER BROUGHAM: There's three. MR. BOSI: I believe there's three. COMMISSIONER SCHIFFER: Three, yeah. So I think you're saying the fifth one. In other words, one will be built. It will be the last of the towers. MR. BOSI: Yeah, they've always -- they've already had -- the fifth tower was the tower that -- where the -- triggers the mechanism, they believe, for -- COMMISSIONER SCHIFFER: Okay. So they've got two more towers to go. COMMISSIONER BROUGHAM: It's going to be a while. COMMISSIONER SCHIFFER: And it's too bad we can't get their site to be moved up closer to 951 rather than way back there where it is. MR. BOSL• Well, the one advantage about way back there is they're right on the water. And that facility does -- does have a pretty sophisticated dive team, and they're able to, you know, address fires within Page 47 of 55 % N4 September 28, 2012 "Sp c6CJP2UIR" meeting both on the water as well, so that does give them an advantage at that location. But I understand. COMMISSIONER SCHIFFER: Not the Mainsail. I'm talking about the Mainsail only. You're saying down -- the Isles of Capri, yes. MR. BOSI: Okay. COMMISSIONER SCHIFFER: But the Mainsail's not. MR. BOSI: Yeah, no, the Mainsail, absolutely. COMMISSIONER SCHIFFER: It would be nice to get -- okay. MR. BOSI: And the interesting part about that Mainsail, there is a fire station just to the north of it, and I believe it's East Naples; they have a mutual aid agreement with them, so they help -- it helps offset the issues that could arise on Mainsail Drive. CHAIRMAN AHERN: But none have come up? No issues have come up? MR. BOSI: No. CHAIRMAN AHERN: Okay. Any other questions? COMMISSIONER SCHIFFER: Fire? CHAIRMAN AHERN: You want to take them one at a time? COMMISSIONER SCHIFFER: 2012 AU R -- oh, recommend approval of 2012 Isles of Capri Fire and Rescue District as per the summary form. CHAIRMAN AHERN: Do I have a second? COMMISSIONER BROUGHAM: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER SCHIFFER: ** *Move approval of the 2012 Ochopee Fire Control District AUIR as per the summary form. COMMISSIONER BROUGHAM: Second. COMMISSIONER EBERT: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Both motions approved 7 -0. COMMISSIONER SCHIFFER: Move for adjournment. CHAIRMAN AHERN: Okay. Next up? COMMISSIONER BROUGHAM: We're getting down to the short ones now. COMMISSIONER SCHIFFER: County facilities. MR. JONES: ** *You ready for me? Good afternoon. Hank Jones from facilities management. County buildings, county government buildings. COMMISSIONER KLEIN: Can you speak into the speaker there? COMMISSIONER HOMIAK: The microphone. COMMISSIONER KLEIN: Microphone. MR. JONES: Oh, sorry about that. Page 48 of 55 tot[ A4 September 28, 2012 "Special CCPC /AUIR" meeting Basically, we have no new projects scheduled in the next five years, so it's a really easy -- easy report for me. But Pm glad to answer any questions you might have. COMMISSIONER EBERT: You have excess capacity? MR. JONES: Yes, we do. We have surplus capacity right now of about 211 -, excuse me, square feet -- 211,000 square feet. It's shown on that graph that we've been tracking. CHAIRMAN AHERN: Okay. Any questions? COMMISSIONER SCHIFFER: Small one. Building 8, isn't that a three -story building, or do we not own the third floor or -- MR. JONES: Wait a minute now. It's three stories, but it's ready for a -- it was built for a fourth story in the future some day. COMMISSIONER SCHIFFER: Okay. But in here we're listing only the first two. Is the third -- is the occupant of the third something different? MR. BOSI: Public utilities. They probably own it. MR. JONES: Okay. That's right, that's right, that's right. Utilities is on the third floor. That's the trick in dividing this up between general government buildings and the other district. COMMISSIONER SCHIFFER: Okay. MR. JONES: Divisions. COMMISSIONER SCHIFFER: Makes sense. Ready? CHAIRMAN AHERN: Ready. COMMISSIONER SCHIFFER: I move we forward the 2012 AUIR for government buildings as per the summary form. COMMISSIONER VONIER: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. Thank you. MR. JONES: Thank you. COMMISSIONER SCHIFFER: That was easy. COMMISSIONER BROUGHAM: Okay. Mike, do your dance. CHAIRMAN AHERN: Last but not least, EMS. MR. BOSI: ** *Yeah, EMS, and we have no representatives here in attendance -- CHAIRMAN AHERN: Dan, are you out there? MR. BOSL• -- as of now. I did email them. I thought they were going to be here. I don't know if something came up within their schedule. CHAIRMAN AHERN: Do you want to take a shot? MR. BOSI: I know enough to be able to answer the top -level questions that you may have. The one thing I do -- there are no improvements to Year 5. Year 5 is the station at Vanderbilt Beach Road and Logan Boulevard. That has been their next improvement for the past couple of years, the next new improvement for the next -- for the last couple years. That is there. They say they're in the greatest need in terms of a hole within their coverage area to meet their levels -of- service time. Within EMS there's a level of service for their urbanized area as an eight- minute response time and, for the rural portion to the county, a 12- minute response time. One of the larger questions, I think, related to EMS, and it's reflected on Page 147, their summary form, and it's what is the strategy the county would like to employ moving forward for the next wave of improvements? Page 49 of 55 N4 September 28, 201 c 1 ZC /AUIR" meetin g There's an option to add the station construction, which is the traditional mannerism, you can add an ambulance and equipment, and that is more of a floating type of a location. They wouldn't build a new -- a new station, but the ambulance would potentially utilize existing stations or park at a centralized location and respond in that manner. You can see there's a difference within the cost to provide that provision. And then there's a third option to add ALS non - transport vehicle and equipment, which is a little bit more of a reduced coverage option, but it does result in lesser of a cost and lesser of a need for general revenue to augment the funds. One of the things about Emergency Management Services that has been a troubling point for the Planning Commission, as well as the Board of County Commissioners, is the inventory of our existing facilities; a number of them are not owned by EMS. And so, because of that -- and if I recall correctly, the impact fee level of service is one station to about 30,000 people. We have a level of service that's adopted that's one station to about 16,000 individuals. Because of that, our impact fee only pays for about half of each new station that's going to be constructed. So EMS really has to depend upon the general revenue to close that gap. If your impact fee is only -- is only programmed to fund 50 percent, the only other source for funding for that is from the general revenue source, and that's why these options are being presented. And, of course, the -- on the surface, you're saying, we need the best we can get, but with that comes the obligation for the financial contribution from the general revenue fund, and that is one of the issues that makes the decision making a little bit more complicated. COMMISSIONER EBERT: That is a big subject. It really is. CHAIRMAN AHERN: Under the revenues listed, what year is this based off of? MR. BOSL• The revenues that are provided within the summary page were the ones that OMB and Susan, who's in attendance, had generated for us. So I would imagine the past -- the past year's ad valorem fiscal reports were the portion that helped generate the revenue summaries. CHAIRMAN AHERN: So if we're looking at this option in five years, this could be totally different? MR. BOSI: Oh, absolutely. The -- these revenue are reflective upon an impact fee collection environment that is much different than -- the need for that new improvement, if the growth -- and you heard the school district say, you know, four years ago we had lost a thousand -- or a hundred students. The following year we added a hundred students. Last year we added 300. This year they're expecting to add 600. You start seeing, well, there's a trend, there's a connection, and there's individuals. If they're adding -- if we're adding school -aged children to the -- to our school capacity, that means those parents, more than likely, are coming down here for economic opportunity or for relocation for whatever purpose it is. That would signal that there is sort of -- that healing process within the local market and would suggest, if you do -- a regression analysis would suggest that trend is starting to move positively forward. So yes, the -- when the station begins to migrate more towards Year 3, towards Year 2, I think you'll see a little bit more augmentation to the revenues that are being provided. But as of now, this picture has to be -- we have to look back to be able to determine what the revenue projections are. And based upon the nature of our county and how -- the directions we've had from the Board of County Commissioners, the direction to Susan is to be very conservative in those estimates because, you know, we don't want to project, you know, that we're going to have, you know, X amount of dollars where we know we're only going to have, you know, some degree below that. That's not the best way for capital improvement programming. I mean, we'd much rather have it the other way. CHAIRMAN AHERN: Well, it seems like, like you said, if people are moving in, but they're probably moving into places that have already paid impact fees. So as we get closer to the five years, then hopefully we'll start to see some increase in revenues from impact to contribute towards this. MR. BOSL• Well -- correct, and I was somewhat remiss for not pointing that out during the overview. That is one of the issues with the current situation. We're going to add populations, but those populations aren't necessarily going to have new impact fees associated with them, because they're simply picking up the slack of surplus that we still have left over from those boom construction years. But at some point in time, our inventories are starting to become a little bit more in balance and Page 50 of 55 161e A September 28 2012 "S ecial CC P7 /AUIR" meeting hitting to the point where the developers -- the activity at North Horseshoe, which by no means is nowhere near what we were at the beginning of the millennia, is much -- it's a -- there's more activity, more activity than what was going on two or three years ago. CHAIRMAN AHERN: And we're seeing more activity coming through our board as well. MR. BOSI: Yes. CHAIRMAN AHERN: Yes. COMMISSIONER BROUGHAM: Just a question, if you can answer it Mike. I'm looking at Page 149, the population. Where in the world do those numbers come from? MR. BOSL• The EMS system is countywide, so it is the countywide peak season population. COMMISSIONER BROUGHAM: Okay. Versus the other population numbers, exclude Naples and Marco or -- MR. BOSI: For community parks -- COMMISSIONER BROUGHAM: No, no, no. If you look at the table on Page 4 of your overview, with those numbers, how do they relate to the population numbers on Page 149? 1 mean, I'm -- I don't see the connection or the explanation of the difference. MR. BOSL• Page 4 of the staff report you're referring to? COMMISSIONER BROUGHAM: Yes. MR. BOSI: Yeah. Page 4 of your staff report, you are looking at permanent population only. So if you would look at 355,440, if you multiplied that by 1.2, you would get your total that -- that is the end basis for -- the end basis for the EMS system. COMMISSIONER BROUGHAM: Well, just as a note, if you could annotate that, peak population or something, for us that -- COMMISSIONER EBERT: If you can -- CHAIRMAN AHERN: It says it at the top. COMMISSIONER EBERT: If you can make it more clear for all of us. COMMISSIONER BROUGHAM: Where does it say it? I missed it. MR. BOSI: I guess -- it says 2012 AUK parens, peak season, but maybe I -- I should have said pre -- peak season countywide. COMMISSIONER BROUGHAM: Okay. Way up at the top I see peak season. All right, I'm sorry. MR. BOSL• And at the very -- at the beginning of the summary page, I think we do point out that using countywide peak seed (sic) populations. I could be a little bit more explicit on the table. And I apologize. COMMISSIONER BROUGHAM: I give up. COMMISSIONER VONIER: Mike, did you say they -- the vehicles -- they do not own all of their vehicles? MR. BOSI: The vehicles they own. It's the stations. COMMISSIONER VONIER: Oh, okay. MR. BOSI: It's the stations. They don't own about half of the stations that we currently -- that we -- currently exist. Sometimes in -- an interesting note, one of the things about seven, eight years ago, we were really starting to focus and try the concept of co- location. I think everyone can appreciate the advantages, the efficiencies that co- location has for government buildings. Co- location with the -- and for the most part, for the EMS, it's traditionally with your fire development. Because the fire departments are independent, we would rent space out of -- we would rent space out of one of the independent fire districts. We -- that -- that's kind -- that helps us meet our levels -of- service standards, but it hurts us on our impact fees, because we can't include -- we can only include the equipment we own as part of the impact fees as the cost to provide the service. We can't -- we can do nothing related to even the monthly rent charges that we provide for that space. So that's really -- it's a Catch 22. You want the efficiencies of co- locations, but because the fire districts are independent entities, we go into their buildings, when we do our impact fee calculations, we don't get to -- we don't get to -- we don't get to count or classify the buildings that they're housed in to be able to reflect into the equation that determines what the impact fee should be. Page 51 of 55 September 28, 2012 "Special CCPC /AUIR" meeting That's why I said, you know, it basically is about 50 percent the cost of providing the service for the impact fees. And it's nothing that -- we can't cure that. We can only -- the only way to cure that is to build your own dependent station, but that goes against the fabric of what the co- location advantages are supposed to be. So it's a unique situation, and it's one that general - purpose county government has struggled with, and the Board of County Commissioners has struggled with because it's -- I mean, out of all these services that we're providing, EMS and fire and law enforcement, of those basic health, safety, welfare components that have to be adhered to. COMMISSIONER SCHIFFER: Mike, just -- I mean, let's just take a brand new station. That new fire station, it will be co -used and then, ultimately, we'll want to move out. The impact fees for the fire district would build the station, the full station. We would go in and rent a portion of it and then sooner or later we're going to move out in our own station. Can't we put the full impact of the new station, you know, the one we will build to move out into -- MR. BOSI: Oh, yes. COMMISSIONER SCHIFFER: -- and escrow that while we're renting? I mean, why do we -- MR. BOSI: Well, it would have to -- that new station has -- it has to be constructed. There can be outstanding financial obligations to be able to include it, but you still -- until it's constructed, you can't include that in part of your impact fee calculation. COMMISSIONER SCHIFFER: And there's no way we could build these buildings such that they're like duplexes where each one's building their own portion of it? MR. BOSI: If we were able to reach agreements with whatever fire district that we were negotiating with, we most certainly could. We would construct and pay for our portion of the building. And that, to me, is probably the strategy that would be employed to be able to address the issue without having the collateral side issues associated with it. COMMISSIONER SCHIFFER: That would be good. CHAIRMAN AHERN: Just timing, I think, is the biggest issue in trying to do that. MR. BOSL• Yes. CHAIRMAN AHERN: The one -- the locations that are proposed, do you know the background on how that was determined? MR. BOSI: Well, I know it's basic -- it's determined in terms of the response times, the number of calls, and which stations are going to be able to address the highest numbers of calls and provide the greatest increase in meeting the level -- or meeting the response times that we have allocated. Other than that general -- that's the formula of how they make the determination, and its all numbers based. It's all numbers based upon number of calls for the geographic areas compared to other geographic areas. The station locations, which areas, based upon the spacial location of theirs, which station -- which areas have the highest numbers of calls and have the greatest distance for them to travel, and then that's where they fill in -- fill in that next improvement to be able to provide the greatest new efficiencies within the system. CHAIRMAN AHERN: Any other questions? MR. BOSI: But like I said, that next wave is Year 5. There's still -- there's still a lot of debate that has to go on with the community as to what's the correct strategy moving forward. And I don't -- and I know there's not a decision at this time yet of what that will be. CHAIRMAN AHERN: It seems premature to try to narrow or focus in on one particular strategy at this point. MR. BOSL• Well, I think -- I think all the options are on the table. CHAIRMAN AHERN: Right. MR. BOSI: And they do want to make sure that they are so they can find whatever will be the most effective in terms of not only -- in terms of affecting the response times in the system, but the recognition of the realities of the revenue. CHAIRMAN AHERN: Right. When we get closer, we'll know -- have a better idea of what the revenue stream is going to be. Page 52 of 55 "I61Z N4 September 28, 2012 "Special CCPC /AUIR" meeting COMMISSIONER EBERT: When they get along, we'll know. MR. BOSI: And you'll see this again next year if we see -- if we see more growth, and if you see -- more particular in this, if you see -- if their system sees more of a trend towards not meeting within that area, they're going to have to bring it closer in. That discussion will become -- they'll have to be here with more solutions identified because it is becoming more of that reality, because it's Year 3 where you -- when you see something in Year 3, money is starting to be spent. CHAIRMAN AHERN: Right. MR. BOSI: Year 5 is still that out -year. You know, some -- maybe some tentative planning going on, but Year 3, you start seeing some -- you start seeing some efforts towards acquisition, those type of due diligence activities that are the beginning of the process. CHAIRMAN AHERN: Right. Okay. Any other questions? COMMISSIONER SCHIFFER: Here we go. CHAIRMAN AHERN: Here we go. COMMISSIONER SCHIFFER: I move we forward with a recommendation of approval of 2012 AUIR emergency medical services as per the summary form. COMMISSIONER VONIER: Second. CHAIRMAN AHERN: All in favor? COMMISSIONER VONIER: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 7 -0. COMMISSIONER SCHIFFER: And that's it, Mike, right? CHAIRMAN AHERN: I think that's all of them. All right. Public comment? Anyone want to come up? COMMISSIONER SCHIFFER: I just have one comment, and I say it every year. But like Karen pointed out, we've always imagined some day we'd have a Category C, which is going through all the GMP, and there's a lot of things in there that are timely. For example, the watershed, had we had Category C, we would have remembered it the first year it was behind, not the tenth when we finally focused on it. And then affordable housing was always one thing else. Is that something we only talk about at the end of the AUIR or -- because I think it would be -- if we had something in the GMP that's timely, I think those things that are not categories do not need a vote but do need a reminder, it would be a good idea to put in the AUIR. MR. BOSL• And that idea, you're right, you have surfaced it before, because -- the watershed management initiative, that was a policy that we had within our Growth Management Plan in 1989 when we adopted it. It wasn't until two years ago that we actually followed through, or a year ago that we followed through and actually completed the initiative, and there's probably a myriad of reasons why that was delayed. And during the EAR process, we tried to look at that. We tried to look and identify those time commitments, those commitments that were -- were tied to a specific date, but we haven't -- in trying to call those out. But we did -- we didn't coalesce them in the back of an appendix. And I guess with that directive from the Planning Commission, Corby, we need to identify all time commitments within policies within the Growth Management Plan. COMMISSIONER SCHIFFER: If you just flip through it, you'll find them. Make a list. MR. BOSI: Just for informational purposes. COMMISSIONER SCHIFFER: Right. And then, you know, just make the list of what they are, add new ones, take off old ones, and then put "in progress," you know, "nothing happening," just so that we don't Page 53 of 55 1612 A4 September 28, 2012 "Special CCPC /AUIR" meeting forget them, because the watershed is an example of a very important one that was -- kept getting punted. And then after it got punted into 2000, I think it just was, you know, orphaned, you know, until we all started to worry about it. MR. BOSI: Well -- and one of the things we also -- the watershed management was -- like I said, it was almost 20 years out -due. The parks master plan was another one that we had for seven and eight years that we had never completed, and we finally have that approved by the Board of County Commissioners. So there are some that we made progress on, but I know there are some other dates out there, Brad, as you suggest, that we need to kind of remind ourselves that we have to do this at some point in time. And whether it be because -- for lack of funds, budgeting, whatever, we still need to be reminded to be able to adequately ensure that we maybe, you know, can plan for those type of activities and budget for it moving forward. COMMISSIONER SCHIFFER: So get an intern or somebody to invent Category C for us. CHAIRMAN AHERN: Would you like to volunteer to do that? COMMISSIONER SCHIFFER: If they need a playmate, I'll join them, so -- COMMISSIONER BROUGHAM: You know -- CHAIRMAN AHERN: Yes. COMMISSIONER BROUGHAM: -- just to add another follow -on to that, I personally would really applaud an effort that could have the various master plans, whether it be watershed or parks master plan or whatever, to have those efforts driving, directly driving, you know, with some side input as to things that we're not addressing. But to have the plans which are vetted driving the AUK which is where everything -- the rubber meets the road instead of, sort of, back there in the background somewhere. MR. BOSI: But, really, the AUIR is designed to satisfy levels -of- service standards. COMMISSIONER BROUGHAM: I understand. MR. BOSI: And I -- maybe we'll have to think about that a little bit more how that -- their relationship -- because you're right, the relationship of the individual master plans dictate the shape and prescribe how we move forward for any -- for addressing water, how we address the transportation master plan, school master plan, parks master plan, how that moves forward, and in a relationship between -- I mean, there's a direct relationship between the parks master plan and the AUIR, you know, in terms of how it, you know, allocates, you know, program events for regional parks and community parks. And there is a direct linkage. And maybe Pll have to -- I'll have to figure out a better way to be able to present that. But it has to be in something in summary form, because all of a sudden this AUIR would come -- COMMISSIONER BROUGHAM: No, no, no. MR. BOSI: -- with a thousand -page addendum. COMMISSIONER BROUGHAM: Time out. I did not mean to suggest that I want to review all the master plans here at all. MR. BOSI: Yeah. COMMISSIONER BROUGHAM: What Pm trying to suggest is that if we could see the connection and the drivers coming out of the various master planning efforts -- MR. BOSI: Sure. COMMISSIONER BROUGHAM: -- that are the principal drivers into the AUK then, to me, that would make a connection that says you guys are planning in the individual components, the crystallization of those plans, directly influences the budget, directly influences the AUIR, et cetera, and -- MR. BOSI: Understood. COMMISSIONER BROUGHAM: No, I don't want to review the master plans. CHAIRMAN AHERN: Okay. Any other comments? (No response.) CHAIRMAN AHERN: Okay. Mike, thank you very much for all of your assistance today. COMMISSIONER EBERT: And Corby. CHAIRMAN AHERN: And Corby as well. MR. BOSI: And I would like to personally thank the Planning Commission, Mr. Schiffer, too, for -- Page 54 of 55 16 September 28, 2012 "Special CCPC AUIR' meeting and hopefully we'll see you back here at some point in time. But I know it's -- it's a little bit of a different animal than the type of work that you normally tackle, but it's directly related to all the PUD -- all the PUDs, all the rezonings, all the conditional uses. There's a ties into it all, and we appreciate the time and effort and energy, and the compensation we pay you has to be gratitude. COMMISSIONER SCHIFFER: Let me just say from experience, the reason it's easy these last couple years is there's no money to spend. CHAIRMAN AHERN: Right. COMMISSIONER SCHIFFER: You go back into the cowboy days, this is a two -day battleground, and its a very -- this is probably one of the most important things we do, even though it does seem to, you know, slide smoothly. CHAIRMAN AHERN: Right. COMMISSIONER SCHIFFER: It's because there's nothing to do. MR. BOSI: Oh, when we've got that growth demands that we were experiencing, if -- sometimes we do again, it is, because what I said, this is part of -- this is the other part of that economic development equation is maintaining the sense of place. I mean, you hear of everyone who speaks of Collier County when they come here. They're impressed by the built environment. Well, this is part of maintaining that built environment. So you're right, Brad, it -- when there's a lot more growth, there's a lot more pressure here. CHAIRMAN AHERN: And I just want to say thank you, Brad. I've enjoyed serving with you over the last three years. COMMISSIONER SCHIFFER: It's been fun. COMMISSIONER BROUGHAM: We're going to need to have you write down your formula for motion making, though. We've got to document it. COMMISSIONER SCHIFFER: It's simple. Watch the rerun a couple times. COMMISSIONER HOMIAK: What would Brad do? COMMISSIONER SCHIFFER: But then let me make my last motion. I move adjourn. CHAIRMAN AHERN: Oh, so moved. COMMISSIONER VONIER: Second. CHAIRMAN AHERN: Meeting is adjourned. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:50 p.m. COLLIER COUNTY PLANNING COMMISSION LI S �- ATTEST DWIGHT E. BROCK, CLERK These minutes approved by the Board on I l 1 0 N L as presented _� or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 55 of 55 1612A5 1 September 19, 2012 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING September 19, 2012 Naples, Florida L�CQTgnM2j� U BY: ...................... LET IT BE REMEMBERED that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Co lex, Naples, Florida, with the following Members present: Biala 1) Hiller Henning Vice Chair: Richard Joslin Coyle Terry Jerulle Colette :_�Z— Kyle Lantz Thomas Lykos Robert Meister Jon Walker M sc. Corres: Patrick White Date: Excused: Lee Horn, Chairman Item #: �- a S. 2_ Michael Boyd ;;.:,pies to: ALSO PRESENT: Michael Ossorio – Supervisor, Contractors' Licensing Office ✓ Jeff Wright, Esq. – Assistant County Attorney Y James F. Morey, Esq. – Attorney for the Contractors' Licensing Board Jeff Letourneau – Code Enforcement Investigative Supervisor 1 6 12 A5 September 19, 2012 NOTE. Any person who decides to appeal a decision of this Board will need a record of the proceedings and 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. I. ROLL CALL: Vice Chairman Richard Joslin called the meeting to order at 9:04 AM and read the procedures to be followed to appeal a decision. Roll call was taken and a quorum was established. Seven members were present. H. AGENDA — ADDITIONS OR DELETIONS: Additions: • Under Item VI, "New Business:" (B.) Angela Rogers, d/b /a "Thomas W. Rogers Painting Service" — Waiver of Examination Mr. Ossorio explained that, due to a scheduling error, Ms. Rogers traveled from Alabama to appear at this month's meeting. Since the Agenda was not full, he asked if the Board could review her paperwork and consider her application rather than requiring her to return in October. He stated he would present the information packet to the Board for their review if they agreed. Deletions: Under Item VII, "Old Business:" (B.) Case #2012 -03: Linda Curiale, d/b /a "Global Maintenance and Restoration, Inc." (The request to withdraw was made by Staff.) Discussion: Thomas Lykos restated his objection to making additions to the Agenda on the day of the meeting. While he understood the circumstances, he remained opposed to reviewing an information packet on such short notice. Vice Chairman Joslin suggested first approving the changes to the Agenda and then discussion options. III. APPROVAL OF AGENDA: Patrick White moved to approve the Agenda as amended by Staff. Second by Jon Walker. Motion carried, 6— "Yes7]— "No." Mr. Lykos was opposed. Vice Chairman Joslin stated he understood Mr. Lykos' objection, even though the Board had allowed last minute additions to other Agendas in the past. He suggested reviewing the information packet to determine whether or not to proceed. Patrick White requested to review the materials at the conclusion of the Agenda's other business since Ms. Rogers was not present and he did not want to inconvenience the other Applicants who were present. 2 1612 A5 September 19, 2012 Michael Ossorio stated the County had no objection to amending the order in which the Items were heard by the Board. He concurred the Board could wait to review the packet until the Applicant appeared. If she did not, the case would be presented in October. Vice Chairman Joslin agreed to "table" Item VII -B. Patrick White moved to approve changing the order of the Agenda to allow Item VII -B to be heard as the last item of business. Second by Thomas Lykos. Carried unanimously, 7— 0. IV. APPROVAL OF MINUTES — August 15,2012: Thomas Lykos moved to approve the Minutes as submittecb Second by Robert Meister. Carried unanimously, S — 0. (Note: Kyle Lantz and Patrick White could not vote to approve the Minutes because they did not attend the August 15'h meeting.) V. DISCUSSION: A. Repealing County Ordinance Number 82 -20, as amended. Michael Ossorio stated: • The County Attorney's Office has been reviewed the Ordinances to eliminate redundancies. • He explained the old process under #82 -20: a Judge would review the Citations, referred to then as a "Notice to Appear," in Civil Court o under the codified version of Ordinance 2006 -46, as amended, the Contractors' Licensing Board is the Hearing Official for Citations. • The "Notice to Appear" is one of several obsolete forms that are no longer used. • The request to repeal Ordinance 82 -20, as amended, will be presented to the Board of County Commissioners for review. Mr. Ossorio reviewed the Ordinance together with Jamie French, Director of Operations & Regulatory Management, Growth Management Division, and the recommendation was to repeal Ordinance 82 -20 with the exception of Section 1 (A), entitled "Designations," and Section 2 (A), entitled "Duties." Section 1 (A) reiterates the Contractors' Licensing Office is part of the Building Department, while Section 2 (A) correlates the differences between the Building Department officers, the Zoning Department officers, and the Contractors' Licensing Board officers. He further stated Assistant County Attorney Jeff Wright concurred, agreeing the revised Ordinance will mirror the codified version of the Muni Code. 161 Zeptk, r 19, 2012 Patrick White asked if any amendments had been made to Ordinance 82 -20, noting if there were, the amendments should be identified and also repealed. Assistant Attorney Wright stated he was not aware of any amendments between #82 -20 and the present Ordinance, but would verify that any amendments to Ordinance #82 -20 were also repealed. Mr. White asked if Ordinance 2006 -46 was a stand -alone Ordinance or an amendment to #82 -20. Mr. Wright stated his understanding was the Ordinances were independent of each other; #2006 -26 was free - standing while #82 -20 was dormant. Michael Ossorio stated Mr. Jeff Letoumeau, Code Enforcement Supervisor, was present to support the repeal of #82 -20 as well as to answer questions concerning the Ordinance and Code Enforcement. Patrick White asked about the duties of a "Zoning" Investigator versus a Code Enforcement Investigator. Jeff Letourneau, Code Enforcement Investigative Supervisor, stated: • The Code Enforcement Ordinance #2010 -04 covered all of the duties of the Code Enforcement Department and was more pertinent to 2012 than the Ordinance before the Board. • In 2010 -04, Investigators are no longer referred to as "Zoning" Investigators but as "Code Enforcement" Investigators. Mr. White asked if the functions detailed in #82 -20 were appropriate and should remain operable and, if so, did the County and Code Enforcement recognize it. Mr. Letourneau replied the duties of Code Enforcement Investigators were specifically outlined in #2010 -04. Concerning duties of Code Enforcement Investigators in 2012, it was his opinion that Ordinance #82 -20 was no longer relevant. He continued Ordinance #2010 -04 was included in the Code of Ordinances and the duties were outlined in Sections 2 -2037 through 2 -2044. County Attorney Wright verified that the title to Ordinance #2006 -46 did not contain any references to #82 -20. Patrick White moved to approve supporting,Staff s recommendation to the Board of County Commissioners to repeal Ordinance #82 -20, as amended, with the exception of Section I (A) and Section 2 (A). Second by Thomas Lykos. Carried unanimously, 7 — 0. VI. NEw Buswms: (Note: In case heard under Section VI, the individuals who testified were first sworn in by the Attorney for the Board.) A. David Goff — Waiver of Examination (Cabinetry License) Mr. Goff stated the reason why he requested a Waiver was because he is financially unable to pay the costs to attend class and take the exam. He further stated he has 16 12 A5 September 19, 2012 been self - employed since 2003. He has used a payroll company. His goal to work for other cabinet companies as an installer. Michael Ossorio provided background information: • Mr. Goff has been licensed for so many years that he was "grandfathered in," i.e., not required to take any examinations. • In 2009, his license was cancelled because he did not renew. • Mr. Goff is to explain to the Board what he has actively been doing in the trade of Cabinetry since 2009. • Mr. Goff is to state if he has maintained a license in other jurisdictions even though his license lapsed in Collier County. Mr. Goff explained: • In 2009, to reinstate his license, he was required to produce a credit report and pay a fine. • In 2008, his salary was significantly reduced ( "cut in half') • By 2009, he paid himself slightly more than $3,000 for the year. • Since that time, he has cleared up his debts and there are no judgments or liens filed. • He has worked as an employee for a company until it went under and closed its doors. Jon Walker asked Mr. Goff if he had worked locally since 2009. David Goff replied he had not worked in any other jurisdiction and stated he did not have any licenses in Florida other than in Collier County. Thomas Lykos asked Mr. Goff if he made and installed his own cabinets or if he simply installed cabinets for someone else. He asked him to explain the type of work he had done and why he wanted to remain in the business. David Goff responded: • He worked for 14 years for one of Naples' largest cabinet makers. • He began by installing cabinets but was promoted to constructing entertainment centers and other built -ins. • He has worked on multi - million dollar housing projects. • He further stated he enjoyed working in wood and had been in construction since he was 18 years old. • He has no other skills and did not attend college. • He has installed factory-line cabinets but most of his work has been "custom." Terry Jerulle asked Mr. Goff if he built custom entertainment centers and if he intended to resume that type of work again. The response was, "Yes." Mr. Jerulle asked if Mr. Goff had his own shop; he replied that he had "a small shop." 1 61,, ' September 19, 2012 When asked if he would hire employees, David Goff indicated he did not have plans to hire anyone. Vice Chairman Joslin asked Mr. Goff who he had worked for recently. David Goff stated he has constructed some built -in units and some furniture pieces. He noted, to date, he has earned approximately $5,000 in 2012. He further stated he needs to find more stable employment with a large company. Terry Jerulle asked Mr. Goff if he had asked for a Waiver because he could not afford to take a written test or if he was afraid to take the test. Mr. Goff reiterated he could not afford to pay for the course that was required to take the exam. He stated if the Business Law Exam was primarily tax- based, he has never done his own taxes. He has relied on a payroll service and a CPA to complete his tax returns. Mr. Jerulle asked Mr. Goff if he was given some time to save money for the course, did he think he could take and pass the exam. David Goff said he had no idea of what the test was like — he had never taken it. When he was initially licensed in 1990, he was required to produce proof of his experience in the trade and good character affidavits. He confirmed he would continue to utilize the services of a payroll company and a CPA for preparation of tax returns in the future. Patrick White asked for clarification concerning which tests Mr. Goff had requested to waive. Michael Ossorio noted it was the Business Procedures test. He stated there is no trade test for cabinetry. In Collier County, "cabinetry" is an entry -level construction license and only the Business Procedures test is required. For a "carpentry" license, there is a trades test in addition to the Business Procedures exam. Kyle Lantz stated he had no doubt that Mr. Goff was an expert carpenter who could construct anything in wood. He further stated he was not concerned with Mr. Goff s carpentry skills but with his ability to run a business. To obtain a license, the requirements are to pass the test, show decent credit, and produce proof of some experience in the trade. He stated the Business Law exam covers more than just payroll taxes and Workers' Compensation — it also covers the topic of construction lien law, what work you arc allowed to do under the license and what is not permitted. He recommended that Mr. Goff take the Business Procedures test. Thomas Lykos stated the State of Florida and Collier County have established minimum standards to allow an individual or an entity to operate a business or to possess a license. The standards were established to protect the public. He agreed with Kyle Lantz's recommendation. Vice Chairman Joslin asked if Mr. Goff could begin working for a contractor if his license were reinstated. R 1612 A5 September 19, 2012 David Goff answered that a builder he had worked for previously had returned to Naples and indicated he would have work for him. He stated his preference was to work as an installer for a builder or a large company — not to deal directly with the public. Terry Jerulle asked if Mr. Goff s license was reinstated contingent upon his taking and passing the test within six months, would he be able to comply. David Goff stated he thought he could if he were given enough time to acquire the funds necessary to take the course and the test. Michael Ossorio explained there are two exam companies that offer the Business Procedures test: • "Pro- Metric" which offers the test on a monthly basis in Fort Myers, and • "Gainesville Independent" which offers the test on a daily basis in Gainesville. The test is also available in Bonita Springs and in Miami on a regular basis. • The cost for the exam is $80 and $130 for the course. He stated the County could recommend issuing a provisional license for a period of six months to allow Mr. Goff some time to take the course and pass the test. He confirmed that, as soon as Mr. Goff passed the Business Procedures exam, the probation would end. He stated Mr. Goff would be able to obtain employment immediately. Patrick White asked if the Board could restrict the probationary license to permit Mr. Goff to work only for general contractors or builders. Mr. Ossorio confirmed the Ordinance allows the Contractors' Licensing Board to restrict a Certificate (or license). Vice Chairman Joslin supported Mr. White's suggestion. Mr. Ossorio clarified that the license could be issued for a six -month probationary period. If Mr. Goff passed the Business Procedures exam, the restrictions would be removed. If he did not pass, his license would be cancelled. He stated Mr. Goff would also have to pay a reinstatement fee, all of his back fees, and a renewal fee as applicable. David Goff stated if he were issued a probationary license, he would be able to contact builders and contractors to obtain employment. He did not want to pursue any offers until the Board had made a decision regarding his request. He again stated his goal was to work as a subcontractor performing installations. Thomas Lykos moved to approve issuing a conditional or probationary license for a period of six months to allow Mr. Goff to take and pass the Business Procedures exam. Mr. Goff will be restricted to workingfor licensed builders and he must pay all back fees. At the end of the six -month period, Mr. Goff is required to appear before the Board to verify that the conditions have been met. At the time, the Board will make a determination regarding the disposition of his license. 7 Q 5 September 19, 2012 Vice Chairman Joslin stated if Mr. Goff met the conditions that had been imposed, he should not be required to appear before the Board because Staff could issue an unrestricted license automatically. Patrick White stated he would second the Motion but requested the restriction to working only for a licensed builder to remain. He stated it would not be necessary Mr. Goff to appear before the Board unless he were to request removal of the restriction so he could deal directly with the public. Thomas Lykos explained the intent of his Motion: to issue a six -month license to Mr. Goff and at the end of the period, he is to return before the Board to verify that he took and passed the test and paid all required fees. The Board would decide at that time what to do concerning the restriction of working solely for licensed builders. He reiterated if Mr. Goff did not meet the conditions, his license would be cancelled. Mr. Lykos stated the purpose of his Motion was to avoid grey areas. At the end of the six -month period, the Board will decide to either extend the probationary period or offer Mr. Goff a fu111icense, but nothing will be "automatic" — the determination will be made solely by the Board. Mr. White withdrew his second in support of the Motion. Jon Walker offered to second in support of the Motion. Discussion: Kyle Lantz asked if there were other issues for the Board to discuss, i.e., problems with Mr. Goff s credit report. Michael Ossorio stated if the application were on his desk and Mr. Goff had taken and passed the Business Procedures test and paid the required fees, an unrestricted license would be issued if his credit were in order because Mr. Goff had been working in the industry for a long time, had been licensed previously, and had provided affidavits. He confirmed that, under those circumstances, Mr. Goff would have been issued an unrestricted cabinet license. Mr. Lantz questioned when, in the process, the fees would be paid? Mr. Ossorio stated the fees must be paid before even a provisional or restricted license would be issued. Discussion ensued between Mr. Lantz and Mr. Lykos regarding the timing for payment of the fees by Mr. Goff. Michael Ossorio reminded the Board that it does not have the authority to waive fees but it can make recommendations to the BCC concerning fees. He continued, stating in the past, the Board has never made a decision concerning payment of fees because it is understood they must be paid first. Vice Chairman Joslin reiterated the matter before the Board was Mr. Goff s request 16 12 A5 September 19, 2012 to waive taking the examination in order to reinstate his license. He posed a question: If Mr. Goff were to amass the funds necessary to pay the County's fees and the fees for the course and the exam by next week or next month — and he was passed the exam — would he still have to wait six months for his license or would it be issued to him immediately upon his satisfying the conditions of the Motion. Patrick White stated the point of his second was to allow Mr. Goff the opportunity to have a restricted license once he passed the Business & Law exam — and he would have up to six months to pass the exam. If at the end of six months, Mr. Goff had either not applied to take the test or had not passed the test, his restricted license would be suspended. Regardless, the license would have been restricted. The only point in time, within the six -month period, that Mr. Goff would be required to return before the Board would be if he wanted to remove the restriction based upon the fact that he has passed the exam. He concluded by reminding the Board that it could choose to do whatever best fix the circumstances. Thomas Lykos concurred, stating the Motion was trying to accomplish something that the Board does not typically do. He stated he would withdraw his Motion because he didn't consider the requirement to pay the fees first. He was attempting to give Mr. Goff six months to do everything necessary to come into compliance. As a rule the back fees must be paid in advance. He suggested starting over or finding a simpler solution. Thomas Lykos moved to withdraw his previously stated Motion. Jon Walker withdrew his second in support of the Motion. Kyle Lantz moved to approve waiving the requirement to take an examination for a period of six months and issue a restricted license permitting Mr. Goff to work only for a licensed builder or company. If Mr. Goff passes the exam and submits proof to the Contractors' Licensing Office, the restriction on his license will be removed. He will become fully licensed to install cabinets. If Mr. Goff does not pass the exam within six months, his license will be suspended or become "null and void." Second by Patrick White. Thomas Lykos suggesting amending the Motion to reiterate that the fees must be paid first and then a conditional license would be issued Mr. Lantz concurred, stating the fees must be paid, and Mr. Goff must show proof of insurance, etc. He clarified the six month period will begin running from September 18th. If it takes Mr. Goff three months to pay his fees, the time clock is not re set. Mr. White stated he understood and agreed Vice Chairman Joslin asked Mr. Goff if he understood the conditions being imposed by the Motion. 0 1612 A5 September 19, 2012 Mr. Goff questioned the time line. Vice Chairman Joslin explained that if he paid all the fees, and if he passed the test before the end of the six month period, provided he submitted proof to the Contractors' Licensing Office, the restriction would be removed from his license and he will be issued a full cabinet installer license. The license will be restricted until the fees are paid and he has passed the exam. Vice Chairman Joslin called for a vote on the Motion. Carried unanimously, 7— 0. VII. OLD BUSINESS: A. Orders of the Board Kyle Lantz moved to approve authorizing the Vice Chairman to sign the Orders of the Board. Second by Robert Meister. Carried unanimously, 7 — 0. VIII. PUBLIC HEARINGS: (Note: In the following case, the individuals who testified were first sworn in by the Attorney for the Board.) A. Case #2012 -10: Linda Curiale, d/b /a "Global Maintenance & Restoration, Inc." Vice Chairman Joslin noted Ms. Curiale was present and was represented by Attorney Patrick Neale. Vice Chairman Joslin outlined the general process of the Public Hearing: • Hearings will be conducted pursuant to the procedures contained in Collier County Ordinance #90 -105, as amended, and Florida Statutes, Title XXXII, "Regulation of Professions and Occupations, " Chapter 489. • The Hearings are quasi-judicial in nature. • Formal "Rules of Evidence" shall not apply. • Fundamental fairness and due process shall be observed and govern the proceedings. • Irrelevant, immaterial, or cumulative evidence shall be excluded. • All other evidence of the type commonly relied upon by reasonably pnident persons in conducting their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the Courts of the State of Florida. • Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be deemed sufficient by itself to support a Finding, unless such hearsay would be admissible over objection in a civil action in Court. • The "Rules of Privilege" shall be effective to the same extent that such Rules are now, or hereafter may be, recognized in civil actions. 10 1612 A5 4 September 19, 2012 • Any member of the Contractors' Licensing Board may question any witness before the Board. • Each party to the proceedings shall have the right to call and examine witnesses, to introduce Exhibits, to cross - examine witnesses, to impeach any witness regardless of which party called the witness to testify, and to rebut any evidence presented against the party. • The Chairperson or, in his/her absence, the Vice Chair, shall have all powers necessary to conduct the proceedings at the Hearing in a full, fair, and impartial manner, and to preserve order and decorum. • The general process of the Hearing is for the County to present an Opening Statement to set forth the charges and, in general terms, how the County intends to prove the charges. • The Respondent will present an Opening Statement setting forth, in general terms, his/her defenses to the charges. • The County will present its Case in Chief by calling witnesses and presenting evidence. • The Respondent may cross - examine the witnesses. • After the County has closed its Case in Chief, the Respondent may present his/her defense, i.e., to call and examine witnesses, introduce Exhibits, cross - examine witnesses to impeach any witness regardless of which party called the witness to testify, and rebut any evidence presented against the party. • After the Respondent has presented his/her case, the County will present a Rebuttal to the Respondent's presentation. • When the Rebuttal is concluded, each party is permitted to present a Closing Statement. • The County is allowed a second opportunity to rebut the Respondent's Closing Statement. • The Board will close the Public Hearing and begin deliberations. • Prior to beginning deliberations, the Board's Attorney will give a "charge" to the Board, similar to the charge given to a jury, setting out the parameters on which the decision will be based. • During deliberations, the Board can request additional information and clarification from the parties. • The Board will decide two different issues: • Whether the Respondent was guilty of the offense(s) charged in the Administrative Complaint, and a vote will be taken on the matter. • If the Respondent was found guilty, the Board must decide the sanctions to be imposed. • The Board's Attorney will advise the Board concerning the sanctions which may be imposed and the factors to be considered. • The Board will discuss the sanctions and vote. • After the matters are decided, the ChairNice Chair will read a Summary of the Order to be issued by the Board. The Summary is a basic outline of the Order and may not reflect the same language contained in the Final Order. 11 September 19, 2012 The Final Order will include complete details as required under State laws and procedures. Patrick White advised the Board that he would abstain from voting; he spoke with the Board's attorney, and completed Form 8 -13 entitled "Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers." He read the "Disclosure of Local Officer's Interest" into the record, as follows: Mr. White stated his law firm had been retained to represent Mr. and Mrs. Patrick J. Martin in a matter involving "Global Maintenance & Restoration, Inc." He further stated there is a potential, since disciplinary action is being considered, that could inure to their special gain or loss. Mr. White confirmed he will participate in discussion but will not vote on the matter. Form 8 -13 will be included as part of the Minutes of the Meeting. Vice Chairman Joslin accepted Mr. White's signed declaration. Attorney Patrick Neale stated: • On behalf of his client, he entered into discussion with Michael Ossorio prior to the beginning of the Hearing. • His client has agreed to enter into a Stipulation and Agreed Order on the matter to resolve the matter. Mr. Neale stated he would distribute of the document to the Board Members for their review. He requested the Board: • confirm that his client agreed to the Stipulation, and • adopt the Stipulation and Order. Thomas Lykos moved to approve accepting Respondent's Exhibit "A" into evidence. Second by Kyle Lantz. Carried unanimously, 7 — 0. Michael Ossorio noted the Stipulation and the Order were from the first case, Number 2012 -03, which had been heard in March, 2012. Mr. Neale stated the Stipulation was specifically designed to resolve the issues that were outstanding in both cases (2012 -03 and 2012 -10). He further stated the only relevant issue before the Board was to determine whether or not his client accepted the terms of the Stipulation. He read the terms of the Stipulation into the record as follows: 12 1612 A5 September 19, 2012 BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD, Case # 2012 -03 Petitioner, License No.: VS. CGC 1508972 and LINDA CURIALE, CC #27333 d/b /a "Global Maintenance & Restoration, Inc.," Respondent. Stipulated Settlement Agreement and Agreed Order Linda Curiale and the Board of County Commissioners, Collier County, Florida, Contractor's Licensing Board (hereafter "the Board "), hereby stipulate and agree: 1) Respondent admits the allegations in the Administrative Complaint for the purpose of this Stipulation and settlement of this matter. 2) Respondent and the Board hereby agree that her permit pulling privileges in Collier County and the cities of Marco Island and Naples, Florida, will be permanently suspended. 3) Respondent and the Board further agree that this Stipulation and Order shall be forwarded to the State Construction Industry Licensing Board with a recommendation that the State Construction Licensing Board perform a full investigation of this case. 4) The Respondent agrees to voluntarily pay $500.00 investigative costs in this case within thirty (30) days of this Order. Executed this day of September, 2012. ls/ Linda Curiale /s/ Michael Ossorio Linda Curiale Michael Ossorio Respondent Contractors' Licensing Supervisor 13 z 16t A5 14 September 19, 2012 Order Adopting Stipulated Settlement Agreement THIS BOARD BEING FULLY ADVISED on the Stipulated Settlement Agreement, it is hereby: ADJUDGED that the foregoing Stipulated Settlement Agreement is adopted in its entirety, and the parties are ordered to comply therewith. DONE AND ORDERED at the regularly -set Contractor's Licensing Board hearing at Naples, Collier County, Florida, on this day of September, 2012. Lee Horn, Chairman, Contractors' Licensing Board " Mr. Neale asked his client if she read the Stipulation and understood the terms. Her response was, "Yes." Mr. Neale asked his client if she agreed to the terms of the Stipulation as a voluntary act. Her response was, "Yes." His client stated her name for the record, "Linda Michele Curiale." Vice Chairman Joslin asked Ms. Curiale if she was the license holder of CGC 1508972 and 27333, and her response was "Yes." Kyle Lantz noted the Stipulation was against Ms. Curiale personally — not against the business — and asked if she could hire another General Contractor to pull permits for her. Michael Ossorio stated if the Corporation petitioned the State Licensing Board to obtain a new qualifier, it would be under a totally different certificate and separate CGC license. He clarified the Stipulation and Order pertained only to Ms. Curiale. Thomas Lykos questioned the references in the Stipulation. Attorney Morey concurred and stated the case number for the Stipulation should be changed to 2012 -10, not 2012 -03. Attorney Neale stated the correct case number appeared on the documents presented to the Board. He agreed the Stipulation was specific to Case #2012 -10. Michael Ossorio verified the correct paperwork had been submitted to the Board. Vice Chairman Joslin noted, "for the record," that the correct Case number (2012 -10) appeared on the document presented to the Board by Michael Ossorio. 14 16 1 2A September 19, 2012 Patrick White explained why connecting the two cases, i.e., 2012 -03 and 2012 -10, was important — Stipulation 2012 -03 established the Board's jurisdiction in the matter at hand because the Respondent was subject to probation. Attorney Neale stated while the Board could not order Ms. Curiale to be subject to probation since she is a State - certified contractor, she voluntarily agreed to it as she voluntarily agreed to pay the County's investigative costs of $500.00. Since she specifically agreed, the Board may incorporate the information into the terms of the Stipulation and Order. Thomas Lykos summarized: The 201.2 -03 Stipulation noted if an infraction occurred, certain penalties would be imposed. The 2012 -10 Stipulation acknowledges the prior Agreement and permits the penalties to become effective. Mr. Lykos stated he does not approve of the Stipulation process. Mr. Neale pointed out that, under the terms of the Stipulation, the Respondent agreed to the maximum penalties that could be imposed. Mr. White clarified using a Stipulation was the most efficient way to achieve the outcome without devoting a day to hear one case. [The members debated the positive and negative aspects of the Stipulation process.] Kyle Lantz moved to approve accepting the Stipulation as presented. Second by Vice Chairman Joslin. Vice Chairman Joslin read the terms of the Stipulation into the record [See Page 13 of the Minutes] and then called for a vote on the Motion. Motion carried, 6 — "Yes " /1— Abstention. Patrick White abstained from voting. Attorney Morey suggested the Vice Chair read the terms of the Order into the record [See Page 14 of the Minutes]. Vice Chairman Joslin signed the Stipulation and Order. VI. NEW BUSINESS: (B.) Angela Rogers, d/b /a "Thomas W. Rogers Painting Service" — Waiver of Examination Vice Chairman Joslin noted Angela Rogers was not present. Michael Ossorio stated the case would be added to the October Agenda. IX. REPORTS: • Attorney Morey referenced a previous hearing during which the Board heard a Petition to Contest a Citation. The Petitioner asked if the Board's 15 16) P tember 19, 2012 decision could be appealed. Assistant County Attorney Wright verified that any decision of the Board could be appealed. • There was also a discussion during the previous meeting of the possible form (and language) of a Motion when a Citation was contested. o If a Motion is made but does not carried, what is the inference. • A copy of Statute 489.127 was presented to the Members. • Mr. Morey noted 489.127is the governing Statute for Citations issued by Investigators. • Additional copies provided: • A Citation (front and back) • Several "sample" motions for consideration by the Board. • Attorney Morey explained the process to issue a Citation and referred to Section 5(a) of 489.127 as well as Section 1(a) through (h) which outlines the prohibitions and what can be cited. He stated the form of the Citation currently used by the County "tracks" the Statute. • If a Respondent elects to contest a Citation, he /she is entitled to a Hearing before the Board. • If a Respondent could prove that the issued Citation was invalid or if the violation had been corrected prior to the Hearing, the Board may dismiss the Citation. • The Board may impose a civil fine or penalty if it found that a violation did exist. • He explained if a Motion is made but does not carry, it cannot be voted on again. • The Board may make a motion to clarify the proceedings. • Findings of Fact and Conclusions of Law will be issued by the Board based on the hearing process. Examples of Sample Motions: (1) Move to dismiss the Citation on the basis that the Petitioner showed the Citation was invalid. (2) Move to dismiss the Citation because the violation had been corrected by the Petitioner prior to the Hearing. (3) Move to uphold the Citation on the basis that the violation which exists is irreversible or irreparable. (4) Move to uphold a Citation on the basis that the violation has not been corrected. X. MEMBER COMMENTS: None XI. NEXT MEETING DATE: Wednesday, October 17, 2012 Board of County Commissioners' Chambers, 3rd Floor — Administrative Building "F," Government Complex, 3301 E. Tamiami Trail, Naples, FL 34112 16 16 12-, A 5 September 19, 2012 There being no further business for the good of the County, the meeting was adjourned by the order of the Vice Chairman at 11:00 AM. COLLIER COUNTY CONTRACTORS LICENSING BOARD 'chard Jos in, Vice Chairman The Minutes were approved by the Board/C irman on l6/ ' l , 2012, "as submitted" OR "as amended" [_] 17 1612 September 5, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY CO Naples, Florida, September 5, 2012 LET IT BE REMEMBERED, the Collier County Development Serv#Ts•Advisory •••••• Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Excused: George H. Hermanson Absent: Robert Mulhere ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division Jamie French, Director, Operations & Regulatory Management Judy Puig, Operations Analyst, Staff Liaison Jay Ahmad, Director, Transportation Engineering Reed Jarvi, Manager, Transportation Planning Nathan Beals, Project Manager, Public Utilities Jack McKenna, County Engineer Tom Chmelik, Planning and Project Mgt., Public Utilities Robert Salvaggio, Deputy Fire Code OfficiaTisc. Corres: Date: X113 item #: \U-M'Z 3410 Copies to: Chairman: William J. Varian Vice Chairman: David Dunnavant James E. Boughton Clay Brooker Dalas Disney idler Marco Espinar - lenning �`--- Blair Foley " °yle Chris Mitchell Mario Valle Laura Spurgeon DeJohn Ron Waldrop . Stan Chrzanowski (Vacancy) Excused: George H. Hermanson Absent: Robert Mulhere ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division Jamie French, Director, Operations & Regulatory Management Judy Puig, Operations Analyst, Staff Liaison Jay Ahmad, Director, Transportation Engineering Reed Jarvi, Manager, Transportation Planning Nathan Beals, Project Manager, Public Utilities Jack McKenna, County Engineer Tom Chmelik, Planning and Project Mgt., Public Utilities Robert Salvaggio, Deputy Fire Code OfficiaTisc. Corres: Date: X113 item #: \U-M'Z 3410 Copies to: 1612 A6 September 5, 2012 I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:OOpm. II. Approval of Agenda Mr. Disney moved to approve the Agenda subject to the addition of item VIII B — FE11I4 Discussion. Second by Mr. Foley. Carried unanimously 10 - 0. III. Approval of Minutes from August 8, 2012 Meeting Mr. Disney moved to approve the minutes of the August 8, 2012 meeting as presented. Second by Mr. Dunnavant. Carried unanimously 10 - 0. IV. Public Speakers None V. Staff Announcements/Updates A. Public Utilities Division Update — [Nathan Beals] Tom Chmelik reported there were no updates however, a representative will continue to appear before the Committee and provide updates on Department business which may be of interest to the Committee. B. Fire Review Update — [Ed Riley] Bob Salvaggio, Fire Code Official submitted the documents "Office of the Fire Code Official — Summary of Plan Review Activity — July - 12 " and "Fire Plan Review — Time Frame Summary- July —12 " for information purposes. Mr. Valle arrived at 3: IOpm C. Growth Management Division/Transportation Engineering — [Jay Ahmad] Jay Ahmad reported: • Oil Well Road Improvement Project — The project is near completion with the eastern and western portion of the improved roadway open for traffic. "Punch list items" are being addressed. • Davis Boulevard/Collier Boulevard Improvement Project — 52% complete and is ahead of schedule with completion slated for March 2014. • Golden Gate Blvd bridges — Over Golden Gate Main Canal — under construction; a temporary crossing is planned for 23rd Ave. • Master Mobility — Staff /Consultants continue to develop the Plan. Ms. DeJohn arrived at 3: 20pm D. Growth Management Division/Planning & Regulation Update — [Jamie French] Jamie French submitted the report "Monthly Statistics" which outlined building plan review activities. The Committee requested: • On page 5, expand the columns to a 24 month reporting period. •. . If possible, incorporate Fire Code Reviews into the Report. 2 1612 A6 September 5, 2012 Mr. French reported: • Staff continues to monitor employee expenditures within the Division. This includes identifying the tasks and duties completed by an employee so the proper fund source is accountable for any expenditures required. • Representatives of DSAC met with County Staff on September 4, 2012 to discuss the "CityView" portal. • The Fire Review Subcommittee continues to meet. VL New Business None VII. Old Business A. Transportation Corridor Preservation Ordinance (changes to discuss) [Reed Jarvi] Mr. Jarvi submitted the "Collier County Transportation Corridor Preservation Plan Ordinance " for information purposes. He reported the Plan is not ready for formal review. Under Committee member discussions the following was noted: • Concern was expressed on the overall concept of the Ordinance as it constitutes an unfair taking of land given the way the Ordinance is structured. • Land uses may be prematurely restricted for lands within the areas under the auspices of the Ordinance. • The Ordinance creates an immediate decrease in property value and an encumbrance on an affected party's lands, when ultimately, no use of the property may be required. Nick Casalanguida reported: • Federal and State mandates require the County to develop the Long Range Transportation Plan. • The Ordinance has been revised intending to be a "notification process" with no requirements of the landowner to restrict their uses. • The "notification" is an attempt by the County to ensure landowners /future landowners are aware of any conceived public improvements affecting their property. • The "notification" would allow the landowner to make informed decisions on the use of their property, including transferring ownership of the affected lands for a fee to the County. • Currently, landowners are typically notified during the design phase of a project. Committee members noted: The Long Range Transportation Plan is existing, and it is the responsibility of any party to undertake "due diligence" when making property /land use decisions, absent of an Ordinance. It is more beneficial for "upfront" notification to an affected party, rather than delaying it whereby long term land use decisions are severely impacted by a public improvement. Consideration be given to providing the "notification" to areas identified as Protected Corridors, not Planned Corridors. 3 2 ,A6 September 5, 2012 Discussion ensued with examples cited of the Ordinance's potential impact on property values and land use decisions. In conclusion, Mr. Casalanguida requested Committee members develop recommendations on an equitable means for the County to "notify buyers and sellers" (of lands) on the County's intentions for planned public transportation improvements. B. FEMA Discussion Jack McKenna submitted a document "FEMA Floodplain Storage." Mr. Chrzanowski reported the document outlines Staff s concern on the newly adopted FEMA maps and the related regulations negative affects on the potential development of properties in the County. Nick Casalanguida reported FEMA has informed Staff that County Ordinances must be structured in a manner which essentially prohibits development of approximately 10 — 15K previously platted home site properties in the County. FEMA has notified the County of their position and required the County to amend applicable Ordinances or face revocation of the FEMA program within the County. He noted the Subcommittee is necessary to assist Staff in addressing the issue with the Board of County Commissioners, legislative delegations, Federal Agencies, etc. Their tasks and duties would include, (with the support of Staff), identifying the potential impacts of the policies through collection and analysis of technical data and developing findings and recommendations for consideration. It was noted the ultimate solution may require not only technical and scientific analysis, but political action. VIII. Committee Member Comments Judy Puig reported the County continues to pursue filling the vacancy on the Committee. IX. Adjourn Next Meeting Dates October 3, 2012 GMD Conference Room 610 — 3:00 pm November 7, 2012 GMD Conference Room 610 — 3:00 pm December 5, 2012 GMD Conference Room 610 — 3:00 pm January 2, 2013 GMD Conference Room 610 — 3:00 pm February 6, 2013 GMD Conference Room 610 — 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:55 PM. 0 6 I 24ekmber 5, 2012 COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were provs ed by the Board/Chairman on as presented , or amended 1612 A6 October 3, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, October 3, 2012 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: %Mal BY: ....................... Chairman: William J. Varian Vice Chairman: David Dunnavant Fiala D✓ Hiller _ 4i Henning Coyle Coletta G James E. Boughton Clay Brooker Dalas Disney Marco Espinar Blair Foley Chris Mitchell Robert Mulhere Laura Spurgeon DeJohn George H. Hermanson Ron Waldrop Stan Chrzanowski Excused: Mario Valle ALSO PRESENT: Jamie French, Director, Operations & Regulatory Management Judy Puig, Operations Analyst, Staff Liaison Reed Jarvi, Manager, Transportation Planning Nathan Beals, Project Manager, Public Utilities Jack McKenna, County Engineer Ken Kovensky, Operations Manager Tonia Spangler, Operations Analyst, CityView Implementation Team Jason Regula, GIS Software Misc. Corres: Date: A<?-\ 13 item #: L-4Z 2 V4 k.. Copies to: 16 1 October 3 2012 I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:03pm II. Approval of Agenda Mr. Dunnavant moved to approve the Agenda. Second by Mr. Disney. Carried unanimously 9 -0. III. Approval of Minutes from September 5, 2012 Regular meeting and discuss /review minutes from September 4, 2012 DSAC /CityView Subcommittee meeting Mr. Disney moved to approve the minutes of the September 4, 2012 CityView Subcommittee meeting as presented. Second by Mr. Dunnavant. Carried unanimously 9 - 0. Mr. Disney moved to approve the minutes of the September S, 2012 Development Services Advisory Committee meeting as presented Second by Mr. Dunnavant. Carried unanimously 9 -0. Mr. Mulhere arrived at 3: IOpm IV. DSAC Position Vacancy Review & Vote Judy Puig reported two applicants are to be considered for appointment to the Development Services Advisory Committee, Mr. Norman E. Gentry and Ms. Eleanor W. Taft. The Committee discussed the applications noting both applicants have excellent qualifications, however, the vacancy occurred as the result of the resignation by a general contractor and Ms. Taft is an attorney. Mr. Disney moved to recommend the Board of County Commissioners appoint Norman E. Gentry to the Development Services Advisory Committee. Second by Mr. Waldrop. Motion carried 9 "yes" — I "no. " Mr. Dunnavant voted "no." Mr. Dunnavant noted it would be prudent to provide more diversification given currently only one attorney sits on the Committee. V. Public Speakers Dennis Vasey, Collier Soil and Water Conservation District addressed the Committee requesting clarification if the Committee is a partner in the Golden Gate Build Out Study. Jack McKenna, County Engineer reported the Committee is not a partner in the study. Mr. Hermanson arrived at 3:1 Spm Bob Krasowski addressed the Council and recommended they review and comment to the Board of County Commissioners on the proposed Collier County Major Beach Renourishment Plan. He submitted comments in writing which identified and alternate plan which consisting of 2 . 1612 A6 I October 3, 2012 a truck haul project from an Immokalee sand source which would employ more local people as opposed to the current dredge based proposal. Mr. Boughton arrived at 3:15pm Ms. DeJohn arrived at 3:17pm Michael Ramsey, Golden Gate Civic Association addressed the Committee expressing concern on the FEMA policy which may severely restrict development in Collier County, especially the Golden Gate area. He supports the attempts being made by Staff and the DSAC Subcommittee to resolve the issues and could provide input as necessary. Staff and Committee members discussed the ramifications of the FEMA directive and its negative consequences for Collier County lands. The County is reviewing the issue to determine a course of action with the ultimate solution anticipated to require a combination of technical, legal and political approaches. VI. Staff Announcements/Updates A. Public Utilities Division Update — [Nathan Beals] Nathan Beals reported: • In August, 171 water meters were installed; in September 45 water meters were installed • The County is undertaking development of the 2013 Collier County Water Sewer District Master Plan with a review by Advisory Committees anticipated within 1 year • The 2013 rate and impact fee study is underway. • The study on County fees for water meters is ongoing. • Adjustments to water usage and related charges for filling of swimming pools with County water is considered by the Utility on a case by case basis. B. Fire Review Update — [Ed Riley] Ed Riley, Fire Code Official submitted the documents "Office of the Fire Code Official — Summary of Plan Review Activity — August - 12 " and "Fire Plan Review — Time Frame Summary- August —12 " for information purposes. C. Growth Management Division/Transportation Engineering — [Jay Ahmad] Reed Jarvi was present and reported: • Oil Well Road Improvement Project — The road is open in both directions. • Davis Boulevard/Collier Boulevard Improvement Project - ahead of schedule with the completion date originally slated for March of 2014. It is now anticipated the project may be completed by January 1, 2014. • Corridor Protection Plan — Staff continues to develop the Plan and will present it to the Committee for review at a future meeting. • East of CR951 Bridge Study — Some funds have recently been made available for environmental studies to assist in completing the proposed projects. • Transfer of State Road Maintenance Responsibilities -He provided a copy of a Memorandum from Nick Casalanguida, Growth Management. Division 3 161C�6 a October 3, 2012 Administrator — "Subject: FDOT Asset Management Contract and Transfer of State Road Maintenance Responsibilities" for information purposes D. Growth Management Division/Planning & Regulation Update — [Jamie French] Jamie French reported submitted the "September 2012 Monthly Statistics" which outlined building plan review activities. VII. New Business A. 2013 Budget overview [Jamie French] Mr. French reported the budget overview will be discussed at the next meeting. B. CityView update [Jamie French] Mr. French reported the DSAC Subcommittee met with Staff to identify concerns on the CityView portal in relation to Building Permit reviews and related Inspections. Staff reviewed the concerns and identified which items could be handled "in house" and which items would need to be undertaken by the consultant (CityView). Ken Kovensky provided an overview of the County Purchasing Policy in relation to the project noting the request to the vendor would most likely be under the auspices of the "sole source" policy. Staff requested direction from the Committee on how to proceed. Mr. Mulhere moved to recommend the County "sole source" the scope of work, (f necessary) for the proposed improvements to the City View portal. Second by Mr. Dunnavant. Carried unanimously 13 — 0. The Committee reached consensus on Staff taking the necessary "in house" measures required to enhance the system. VIII. Old Business Mr. French reported Staff continues to study the approach for implementation of any measures necessary for the Comprehensive Emergency Management Plan. The Committee appointed Mr. Chrzanowski as the liaison to work with Staff on reviewing any issues in relating to Engineering Inspection Fees. IX. Committee Member Comments None X. Adjourn Next Meeting Dates November 7, 2012 GMD Conference Room 610 — 3:00 pm December 5, 2012 GMD Conference Room 610 — 3:00 pm January 2, 2013 GMD Conference Room 610 — 3:00 pm February 6, 2013 GMD Conference Room 610 — 3:00 pm 161eA I October 3, 2012 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:15 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE 1 Chairman, William Varian These Minutes wer pproved by the Board/Chairman on �! , as presented , or as amended 5 I 1612A7 1 ROADWAY AND DRAINAGE M.S. . . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 4, 2012 Minutes Call to order Meeting was called to order at 10:05 a.m. by Robert Jones. A quorum was established. S I - W1 BY: ....................... I� Hale � � Hiller _ Henning__ Coyle Coletta_�4� _ Il. Attendance Members: Robert Jones, George Fogg, Kenneth Bloom, Kevin McKyton, Dick Barry (Excused), County: Darryl Richard — Project Manager Other: Scott Windham — Windham Studio, Sue Flynn — Juristaff III. Approval of Agenda Add: Vlll. B. Pixiemoss Lane George Fogg moved to approve the agenda as amended. Second by Kenneth Bloom. Motion carried unanimously 4 -0. IV. Approval of Minutes — August 8, 2012 Change Page 3: 4th paragraph, 2„d sentence should read, "It was noted a State Roll Back Mandate" 4th paragraph, last sentence add "Construction cost could be cut if..." 6th paragraph, 1St sentence should read "Phases 2 & 3 and it was decided the Bid Tabulation would be in by the October meeting" George Fogg moved to approve the August 8, 2012 minutes as amended with minor changes. Second by Kenneth Bloom. Motion carried unanimously 4 -0. It was noted George Fogg will not be in attendance for the October 1St Misc. Corres: Date: I\ $\ \3 Item #: \k-.c =2yA--4- 1 copies to. 1612 A7 V. Transportation Services Report A. Budget Report Darryl Richard reported Gloria Herrera is working on a variable with the Budget Report. Once the report is completed it will be emailed to the Advisory Committee. B. Project Manager Report Darryl Richard provided a copy of the County notice advertising Bid No. 12 -5962 and reported: (See attached) • Phase 2 - Sidewalk, Lighting and Landscape Beautification Project was put out to bid on August 31St • Bids are due back on October 1`2012 at 2:30 pm. • The winning bid should be submitted to BCC in November and then start Project in January 2013. • Phase 1 - Project area is being maintained by Commercial Land as per their existing services contract. • Lantana at front entrance by sign needs to be cut back. • Traffic Operations provided a new stop sign and a new post to replace the one down. • Once stop sign is installed it becomes the MSTU responsibility to maintain. • Stop sign will be installed on Thursday for safety purposes and pole provided by Traffic Operations will be used until new poles are installed. George Fogg reported a safety issue with palm fronds hanging too low over the sidewalk on Woodshire. He noted a similar problem with the Royal Poinciana and recommended they be maintained and pruned. Robert Jones reported a truck tried to turnaround at the no left turn sign and damaged the sod. It was torn up with tire marks at Pine Ridge and Woodshire. Staff will check out damaged area. Kenneth Bloom suggested the Committee consider installing matching mail boxes to further enhance the Community. Discussion was made on the possibility of the installation of matching mail boxes. Staff asked Scott Windham to provide mail box specifications for 4 -units for consideration. VI. Landscape Architect's Report — Windham Studio (WSI) Scott Windham distributed and reviewed the Forest Lakes MSTU Bond Project F -58 Sidewalk Project and F -60 Cul -de -sac Improvements Status Report dated August 8, 2012 as follows: (See attached) 2 1612A7 4 Phase 3 • TRT has begun the street lighting design and will have preliminary plans for review to WSI by September 7tn • ABB prepared 3 -turn lane conceptual options for review and discussion. They will research signalization impacts of each option. • Each plan incorporates a sidewalk connection from Forest Lakes Blvd along the west ROW to Pine Ridge Rd. Scott Windham distributed and reviewed 3- Options on the Forest Lakes proposed turn land and sidewalk to Pine Ridge Road. (See attached) Option #1 - Least intrusive based on existing conditions - Expands lanes approximately 5' to the west and east - Encroaches into the sod area of the existing median - Less curb revision on Pine Ridge Road - Existing Ficus hedge will remain along the east Option #2 Same as Option #1 with the exception: - All widening is to the east - Requires relocating the hedge and removing a some Australian pines - Requires some curb tied into Pine Ridge Road and ROW easement from the golf course. Option #3 Similar to Option #1 with the exception: - Will provide a separate right turn that is stop controlled - Several disadvantages; many hedges and trees will be removed or relocated, significant work to Pine Ridge Roads existing curbs, adding a new pork chop island and ROW easement from the golf course. - Pine Ridge Road dead end sidewalk and crosswalks are an unfavorable existing condition that will become worse with this design. Scott Windham reported all concepts propose to take the golf cart traffic off the road further south and out of the queue stacking area. He explained it would be better, if possible, to use the private property to the south to get the cart traffic completely off the road. WSI and ABB will meet with County Staff and Transportation to discuss pros and cons of each option. WSI will coordinate with George Fogg regarding the Management Plan. The Advisory Committee had a discussion on pros and cons of the 3- Options. 1612A7 Kenneth Bloom suggested installing a rowed curb and a yield sign at the triangled concrete area located on incoming lane. Scott Windham suggested creating a raised island with pavers at the triangled area. Kenneth Bloom moved to use Option #2 as the starting point for all costs and actual dimensions in planning. Second by Kevin McKyton. Motion carried unanimously 4 -0. Kenneth Bloom requested Staff contact the golf course or Turtle Lakes regarding using property to get the cart traffic off the road. Staff will converse with a representative for golf course and review pathways. It was suggested adding a cross walk across from the Clubhouse and adding a right hand lane. George Fogg made the following observations and suggestions: ❖ Dress up the front entrance by removing existing lights and install new light poles on east and west sides. ❖ New sidewalk adjustments required by engineer. ❖ Is Ficus on the prohibited plant list? Kenneth Bloom expressed concern regarding Centuryl-ink parking on sidewalk at the main box at the entrance. He suggested giving an option to pull in or back up that area. It was decided extra reinforcement of sidewalk is necessary. Scott Windham reported working on Phases 1, 2 and 3 Maintenance Specifications with Staff and George Fogg. Staff expressed concern the Golf Course Clubhouse has not been mowing the swale on golf course as agreed. The unmaintained swale is a distraction to the project. Kenneth Bloom moved to have MSTU take over the maintenance of the swale area on the left hand side of Forest Lakes Boulevard, the single family side by the golf course maintenance area. Second by Kevin McKyton. Motion carried unanimously 4-0. George Fogg suggested changing the Lantana plants with annuals. Scott Windham will make recommendations for small bed of annuals with seasonal colors. VII. Old Business — None M 1612A7 VIII. New Business A. Clubhouse Flag Robert Jones suggested the MSTU take over maintaining the flag at the clubhouse. He expressed concern the flag has never been taken care of. The Advisory Board formed a consensus the flag was on golf course property and should be maintained by the golf course. It was suggested the MSTU install 3 -flags at the entrance behind the sign and request Staff direct Design Consultant to include flags and lighting as part of the design. B. Pixiemoss Lane Darryl Richard distributed correspondence dated August 26, 2012 signed by Pixiemoss Lane residents. (See attached) He reviewed the original scenario as the Pixiemoss Lane residents were against the proposed new design cul -de -sac plans and the year round residents of Pixiemoss wanted to leave things as they are. He presented emails regarding the Pixiemoss cal -de -sac stating they want landscaping. (See attached) It was suggested the request be placed on the back end of the wish list since detailed direction was on file. Concern was expressed on other streets that also opt out. Scott Windham suggested adding an addendum to Phase 2. George Fogg disagreed and suggested consideration of the Pixiemoss Lane cul -de -sac landscaping in Phase 3 under miscellaneous costs. George Fogg moved to revisit cul -de -sac landscaping for those did not get any plants and for those who wish to have them added, the MSTU will consider it in Phase 3. Second by Kenneth Bloom. Motion carried unanimously 4-0. Kenneth Bloom moved to adjourn. Second by George Fogg. Motion carried unanimously 4-0. IX. Public Comments There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:25 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee 5 Robert Jones, Chair 'a , j These minutes approved by the Committee on /1' as presented—IL—or amended Next meeting is October 2, 2012 at 10:00 a.m. Forest Lakes Condo Association Clubhouse, 1058 Forest Lakes Drive Naples, FL 34105 on 16Izp7 .� FOREST ROADWAY AND DRAINAGE M.S.T.U. LAKESADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 4, 2012 Agenda I. Call to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — August 8, 2012 V. Transportation Services Report A. Budget Report — Gloria Herrera B. Project Manager Report — Darryl Richard VI. Landscape Architect Report - Windham Studio VII. Old Business VIII. New Business A. Clubhouse Flag IX. Public Comments X. Adjournment Next meeting is October 2, 2012 at 10:00 a.m. Forest Lakes Condo Association Clubhouse, 1058 Forest Lakes Drive Naples, FL 34105 A 16lZa7 FOREST ROADWAY AND DRAINAGE M.S.T.U. LAKESADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 4, 2012 Summary of Minutes and Motions III. Approval of Agenda Add: Vlll. B. Pixiemoss Lane George Fogg moved to approve the agenda as amended. Second by Kenneth Bloom. Motion carried unanimously 4 -0. IV. Approval of Minutes - August 8, 2012 Change Page 3: 4th paragraph, 2„ d sentence should read, "It was noted a State Roll Back Mandate" 4th paragraph, last sentence add "Construction cost could be cut if..." 6th paragraph, 1St sentence should read "Phases 2 & 3 and it was decided the Bid Tabulation would be in by the October meeting" George Fogg moved to approve the August 8, 2012 minutes as amended with minor changes. Second by Kenneth Bloom. Motion carried unanimously 4-0. VI. Landscape Architect's Report - Windham Studio (WSI) The Advisory Committee had a discussion on pros and cons of the 3- Options. Kenneth Bloom moved to use Option #2 as the starting point for all costs and actual dimensions in planning. Second by Kevin McKyton. Motion carried unanimously 4-0. Kenneth Bloom moved to have MSTU take over the maintenance of the swale area on the left hand side of Forest Lakes Boulevard, the single family side by the golf course maintenance area. Second by Kevin McKyton. Motion carried unanimously 4-0. 161 "� A 7 VII. New Business B. Pixiemoss Lane George Fogg moved to revisit cul -de -sac landscaping for those did not get any plants and for those who wish to have them added, the MSTU will consider it in Phase 3. Second by Kenneth Bloom. Motion carried unanimously 4-0. Kenneth Bloom moved to adjourn. Second by George Fogg. Motion carried unanimously 4-0. 2 16I2A7 Collier County hereby advertises on August 31, 2012 Bid No. 12 -5962 for the construction of the Forest Lakes MSTU Sidewalk, Lighting & Landscape Beautification Project located in Collier County, Florida, for sealed bids to be received no later than October 1, 2012 at 2:30 p.m. local time. A pre -bid meeting will not be held for this solicitation. Prospective bidders must register on www.colliergov.net/purchasing by clicking on Vendor Registration. Once registered, interested parties may obtain a complete set of documents at: www.coiliergov.net/bid 0_4 16 1,12 A7 STATUS REPORT To: Forest Lakes MSTU Committee cc: Darryl Richard, Collier County ATM Jim Carr, ABB Reid Fellows, TR Transportation, Inc. From: Scott Windham Date: August 8, 2012 RE: Forest Lakes MSTU Bond Project F -58 Sidewalk Project and F -60 Culdesac Improvements Status Repot Committee and team: The following is a brief status report for the Forest Lakes Sidewalk, Lighting and Street Tree and Culdesac Improvement project: FOREST LAKES SIDEWALK PROJECT: F -58 and F -60 CULDESAC PROJECT: PHASE 2: • Phase 2 was put out to bid on Fri, 8/31. PHASE 3: • TRT has begun the street lighting design and will have preliminary plans for review to WSI by the end of the week, 9/7. • ABB has prepared three turn lane conceptual options for review and discussion, each incorporating a sidewalk connection from Forest Lakes Blvd along the west ROW to Pine Ridge Rd. (See attached plans) ABB is researching the signalization impacts of each option which will likely influence the layout selection. WSI and ABB will meet with county staff and transportation this week to discuss pros and cons of each option as well. MAINTENANCE SPECIFICATIONS / MANAGEMENT PLAN: • The Phase 1 project area is still being maintained by Commercial Land as per their existing services contract. WSI will work to finalize the maintenance specifications and management plan for Phase 1 and 2 by the end of next week, 9/14. • WSI will coordinate with George Fogg on the management plan. Please email or call me if you have any questions. Thanks, Scott Windham, ASLA Landscape Architect LA 000 -1516 Windham Studio, Inc., Landscape Architecture, LC 26000365 P.O. Box 1239, Bonita Springs, Florida 34133 Phone: (239) 390 -1936 Fax: (239) 390 -1937 Email: scott @windhamstudio.com www.windhamstudio.com Page 1 of 1 161e Ai From: Jim Carr [carr @abbinc.com] Sent: Thursday, August 16, 2012 9:33 AM To: Scott Windham Subject: Forest Lakes proposed turn lane and sidewalk to PRR Scott, We have considered three different concepts to add the right turn lane. Attached are the three concept plans. All concepts show the same sidewalk and crosswalk on the west side of the entry, from Pine Ridge Road to the clubhouse area. We will refine this area with signage and marking but generally I don't see that much would change here. All concepts will convert the two existing 12' wide exit lanes into three 11' wide lanes. Concept 1 - Probably the least intrusive on existing conditions. Expand approx. 5 feet to the west and east. This encroaches some into the sod area of the existing median, however there is little curb revision on Pine Ridge Road. We should be able to keep the existing hedge along the east. Concept 2 - Same as Concept 1, but all widening is to the east. Requires relocating the hedge and removing a few australian pines. Requires some Pine Ridge Road curb tie in and a little bit of ROW easement from the golf course. Concept 3 - Similar to Concept 1, but provide a separate right turn that is stop controlled. One advantage is that it may allow the signals to remain with little or no change. There are several disadvantages: Many hedges and trees to remove or relocate. Significant work to Pine Ridge road existing curbs and new pork chop island. Significant ROW easement needed from golf course. The Pine Ridge road dead end sidewalk and crosswalks are an unfavorable existing condition that become worse with this design. All concepts propose to take the golf cart traffic off the road further south and out of the queue stacking area. If we can use the private property to the south, it would be better to get the cart traffic completely off the road. Please let me know if you want to discuss these with Darryl for consideration before discussing with Transportation. I sent these concepts to Tindale Oliver to review effects on signalization so we can have a full understanding of potential costs. jnn Carr, P.E. Afflioh, Barber & Bhmdag+e, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 239,597 311IV ext 215 239.566 22039 fax 1�1 file://G: \MSTU 2012 \ALL MSTU \6_FOREST LAKES \PROJECT LIST \FL September 12 2... 9/4/2012 16I2A7 September 4, 2012 Scott, Below is input from Tindale Oliver regarding signals. The new right turn lane requires a new signal head. If the head goes on the existing mast arm (located on north side of Pine Ridge Rd), it is likely to need a new, longer mast arm and probably also a new post to support this additional weight. It may be possible to install a separate pedestal for this new head, which would be cheaper. Option 3 is possible to not signalize this right turn lane, and instead use a stop sign, but this needs to be discussed with Transportation staff. Please refer to my original email of the 3 options that mentions ROW easements and landscape relocations for each option. Jim Carr, P.E. Agnob, Barber & Brmldage, hic. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 239.5973111 ext 215 239 566 2203 fax s 1612A7 i From: W.T. Bowman Sent: Thursday, August 16, 2012 10:07 AM To: Bill Oliver Subject: RE: Forest Lake Blvd -Pine Ridge Road intersection improvements I think that Option 1 and 2 (and probably 3) are going to require a new mast arm pole on the north side to control NB vehicles. But there may be 2 options which could leave the existing stuff: • If it is possible to replace the existing arm with a new arm (I've never heard of this and it would require structural review). • Install a pedestal for the head for the NBR. If approved, this would be remarkably cheap!! The other heads would require minor adjustment (in the good direction) which probably would not require structural evaluation. Other than that, here are basic comments: Option 1: Will need a head to control the NBR. This could be a shared head with the NBL on the lane line. However, based on aerial and picture review, the pole would not extend to the lane line between NBL and NBR. Option 2: Same as Option 1, only even more of a shift of the heads. For either Option 1 or 2, I'd suggest an arm that could accommodate signalizing the NBR in the future. Option 3: Same as Option 2 is likely. However, you may be able to get away with leaving the NBR unsignalized as a Stop Sign or Yield controlled movement with the island and merge. I've seen it before EB at Cass & North Blvd W. T. Bowman, P.E. Senior Project Manager Phone: 813.224.8862, ext. 285 Web: www.tindaleoliver.com I - - ® - -- \ fz o / tu8sj. i I IG 0 it I I m .I C/) cn I I 0 a ww w < 1I w w TI' � / \\ � N � i j fLli 0x 16 lie A7 PINE RIDGE ROAD i W I W2 wa W 3 I N N k: X a x U 0 a �N 0 z I O �da5 5z) /g0 / N / C 2 Q U O Q F F Z Q W W ~ Fc K oa°aw N U V7 z a \ \ s 1612 A7 1 I IL N O N J \ Ul PINE RIDGE ROAD \ ] J \ I I �•� �� Q m'I \` I' J l I 111 11O mwl� F 1 �w ga La N a = I a W o m N I -' /i / j I J Ij I Y I I LL ri ONP ONI� Or UJ � J \ \ \ - 21 1 11 w pg �y CL w� II L CL w� o� =_ US II II � d I / e cU7�p e Lu li WSW IN L / w N S ? �= r g O 1 �zFz FZ< r r �0< \ I 0 a- °z z \ \ \ - 21 1 11 161z p7 � a 3d I I ON owl ~ —_ —_ II au�ftA _— o w IY � w a I LL1 II PINE RIDGE ROAD goaW w -Ow z owl ~ —_ —_ II au�ftA _— o w IY � w a I LL1 II ~ LU �W c) w -Ow i O N ` I cj� ° OM 7zC , III; ® ;► a �w v �// � \ OJ F 3 W owl ~ —_ —_ _— ~ LU �W c) w -Ow O N ` c �a �w v W i / 3 W w w \1 \ z I z o w V O O Q O H Z Q ELI o a OCL- N N Z Z Q of Q H It From: Sue Roeser rmailto:nfn20338(&naples.net1 Sent: Monday, September 27, 2010 8:33 PM To: sillery_t Subject: Cul -de -sac improvement project 1642A7 i I would like to let you know that I am very much against the proposed new design cul- de -sac plans and am in agreement with the other year round residents of our cul -de -sac that we want to leave things as they are. A lot of work has gone into our current set up and it requires no maintenance or irrigation and is much more practical in a hurricane where fallen trees could block our access. It also looks better. Also the cart storage area is undesirable and very upsetting to the owner where it is planned to be in her front yard. We also don't want to pay any more taxes for this. Please respect our wishes in this matter. Sincerely, Sue Roeser 1307 Pyxiemoss Ln. 1+ 161�Z A7 I i August, 26, 2012 Mr. Darryl Richard MSTU Project Manager Naples, Fla. 34104 Dear Mr. Richard, We the residents and taxpayers on Pyxiemoss Lane, in the Forest Lakes development, are frustrated over the turn of events in the beautification of our cul de sac. Two of our homeowners -live out of town, one in Canada, the other in New York, and they, along with the two year -round residents feel there was a break down in communication regarding the renovation that was promised in the middle of the cut de sac. We are now aware that one of the four owners misspoke on behalf of us all, indicating she did not want the improvement. But this was done outside of the knowledge of the rest of us. She also feels there was a miscommunication in that she understood the addition may increase our yearly taxes, and was never told otherwise. She also thought if we did not want the trash bin structure, we could not have the renovation in the middle. The concern, however, is that no one from your department sent out a final communication to indicate what the final plans were and which cul de sacs would and would not be improved. Had this been done, we could have collectively responded that this was not the wish of the majority of the residents on Pyxiemoss Lane. Ms. Sylvia Walker of 1309 Pyxiemoss Lane, indicated she emailed your department regarding the disapproval of the trash bin structure, but never thought the beautification of the middle was a concern tied into the trash bins. She also indicated she spoke to you this summer when you came to her residence as they were putting in the trees and told you there was an expectation of an improvement in the middle, and you indicated you would get back to her, which you never did. She attended the meeting at Pine Ridge Middle School, signed in, and was the only representative present from the cul de sac and verbally welcomed the addition of the middle improvement. Mr. Kosta Daginis, of 1305 Pyxiemoss Lane, a resident from Canada, has indicated he has been in touch with you on several occasions to discuss the issue, and is being told we would have to attend a meeting of the committee which none of us can attend due to our work obligations. Mr. and Mrs. Mike Bresney, of 1303 Pyxiemoss Lane, are in New York, and cannot understand how you would have allowed one person to voice the opinion for 5 other homes and not make any effort to inform us of this change. We collectively are asking for this change, and would like to know what other measures must be taken to acquire what was promised. We would hope our requests can be made known to the committee via the presentation of this letter, and would appreciate it if you would do so. If you cannot present it, please inform us of whom we should forward it to, to have the request presented at the next meeting and honored. We will not rest until this issue is resolved. Thank you for your attention to this matter. is Signed, 1612A7 � Mike Bresney- 1303 Pyxiemoss Lane (Mik Ctservoces.com) (in New Y esent time, but is in agreement) Konstantino/aginis— 1305 Pyxiemoss Lane (Kosta.Da inis a—BM WTorontoCa} _......_...,_...... Nektana Argyou 1305 Pyxiemoss Lane (N argyrou75-011otm ail, com} _ _... Sue Roeser- 1307 Pyxiemoss Lane(sroeser0701(a;comcast.net) Sylvia Walker -1309 Pyxiemoss Lane (walkersvf,u mail.cozn) Please send all correspondence to each email address listed. Thank -you. 14 RichardDarryll 16 12 ` A7 To: RichardDarryl; 'sroeser0701 @ comcast.net' Cc: 'nfn20338 @naples.net' Subject: RE: 1307 Pyxiemoss Lane - Sue Roeser From: RichardDarryl Sent: Monday, August 20, 2012 1:37 PM To: 'sroeser07O1 @comcast.net' Cc: 'nfn20338 @napies.net' Subject: 1307 Pyxiemoss Lane - Sue Roeser Importance: High Sue, [1307 Pyxiemoss Lane] I've been trying to find your phone number — do you have a number where you can be reached? Your request (received July 30, 2012) for landscaping at your cul -de -sec (@ Pyxiemoss Lane) requires review by the Forest Lakes MSTU Advisory Committee. The Forest Lakes MSTU Advisory Committee meets each 2nd Wednesday of Each Month at 10:00 am at Growth Management Division - Construction & Maintenance; 2885 Horseshoe Drive South; Naples, Florida 34104 [ Note: meeting times and dates are subject to change by the advisory committee; I will inform you if there's a change in the meeting date or location. ] Thank you, Darryl Richard, RLA MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 -252 -5775 Fax: 239 -252 -6627 Cell: 239 -253 -9083 From: sroeser0701@comcast.net rmailto:sroeser0701.@-on c�st_net. Sent: Monday, July 30, 2012 4:16 PM To: RichardDarryl Subject: Re: Pyxiemoss Ct. tree Dear Mr. Darryl, The 2 year old email I sent was before a decision was made and and when we were asked for our thoughts on the plans for oUr subdivision. I assumed that after the decision was made to go ahead with the trees, that for uniformity, we would all receive them, since I am sure we are also paying for 161L A7 them in some way. I certainly have no objection to us receving them now that everyone else has them; and it would be an improvement on what we now have which tends to develop a lot of weeds and is just a little potted plant in the middle. I hope you will add us to your list for a tree in our cul de sac. This is also the wish of the others in our cul de sac. Thanks. Sue Roeser From: "Richard Darryl" <DarrylRichard )colliergov.net> To: "SilleryTessie" <TessieSillery ancolliergov.net >, sroeser0701 acomcast.net Cc: "Arnold Michelle" <MichelleArnold(a )colliergov.net> Sent: Monday, July 30, 2012 10:03:15 AM Subject: RE: Pyxiemoss Ct. tree Tessie, Please see if you have a phone number for Sue Roeser. The only previous communication I have on record is the attached email sent by Sue Roeser on Sept. 27, 2012 (see below). I'd like to speak with her regarding the resent inquiry in light of the 9/27/12 email received. Thank you, Darryl Richard, RLA MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 -252 -5775 Fax: 239- 252 -6627 Cell: 239 - 253 -9083 darrylrichard @collier oy_net l//// llf/ 11 II lI 11 Il/ l /11 /lflllllllll / /l /l /lIIIIIII/ /Ill / /!1111 //11!111 From: Sue Roeser [mai Ito: nfn20338 @nayles.netl Sent: Monday, September 27, 2010 8:33 PM To: sillery_t Subject: Cul -de -sac improvement project I would like to let you know that I am very much against the proposed new design cul -de -sac plans and am in agreement with the other year round residents of our cul -de -sac that we want to leave things as they are. F 161 A7 i A lot of work has gone into our current set up and it requires no maintenance or irrigation and is much more practical in a hurricane where fallen trees could block our access. It also looks better. Also the cart storage area is undesirable and very upsetting to the owner where it is planned to be in her front yard. We also don't want to pay any more taxes for this. Please respect our wishes in this matter. Sincerely, Sue Roeser 1307 Pyxiemoss Ln. IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIII HIII IIIIlll lllllllllllllllllllllllllll From: SilleryTessie Sent: Monday, July 30, 2012 8:49 AM To: sroeser0701 acomcast.net: RichardDarryl Subject: RE: Pyxiemoss Ct�. tree I will forward your email to the Project Manager - Darryl Richard Tessie Sillery Operations Coordinator Alternative Transportation Modes Growth Management Division 239- 252 -5840 (Office) 239 -252 -6628 (streemfax) tessiesillery@colliergo v, net From: sroeser0701 a comcast_nq -t Finai Ito: sroeser07O1 comcast.netl Sent: Saturday, July 28, 2012 8:40 PM To: SilleryTessie Subject: Pyxiemoss Ct. tree Are we scheduled to receive a tree in our cul de sac? We seem to have been left out. Under Honda Law, c rna:l addrosses a ie public,, records. If you do not Warm yew e -mail address released in respons6 to a public records request. do not send electronic maii to thin„ erdity. 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James Flanagan III'— Member BY: ....................... Vacant — Member Michael Dowling, Sr. Property Management Specialist, Real Property Management Guest: Barry Williams, Parks and Recreation Department Handouts: Treasurer's Report 1. Call to Order: The meeting of the Golden Gate Estates Land Trust Committee was called to order by Chairman Karen Acquard at 6 :00 p.m, 2. Approval of Agenda — A motion was called by Karen Acquard, Jeff Curl made a motion to approve and a second to the motion was made by Pat Humphries. There was no further discussion and the Agenda was approved unanimously. 3. Approval of Minutes: Karen Acquard said she provided Michael with the correct spelling of Chief Ginson for the minutes before final printing, Karen asked if anyone had any revisions regarding the March 26 {h meeting and Jim asked for clarification regarding the School Board property that was discussed by Jeff at the last meeting for the EMS station. Jeff confirmed it was the 10 Avenue SE parcel. Jim then asked for clarification on the mandate for submitting the Executive Summary for the Reserved List to the Board. Michael said that it was a departmental policy established which was cited on a past Executive Summary for the List to be submitted to the Board every five years. Jim asked if the values on the report will be updated annually and Michael said they will be updated for the next meeting. Karen called for a motion to approve the Minutes, Jeff made the motion to approve with the noted revisions, Pat seconded the motion and all were in favor. 4. Revision to January 23, 2012 Minutes: The only change was the spelling of Chief Ginson's name, Karen called for a motion, Pat made the motion, Jeff seconded the motion and all were in favor. 5. Treasurer's Report: Michael read the Treasurer's Report citing total cash of $1,400,003.52 with total assets of $8,426.140.00, which does not reflect the updated land values. The ending cash balance is $1,100,003.52. Karen called for any questions, then a vote, Jeff made the motion to approve, Jim seconded the motion, all were in favor. Misc. Corres: 1 Date: item* 2 "^I?s to 6 1 . A8 6. GGE Library Sign Update: Jeff informed the Committee that he reviewed the final plan from Lykins Sign and that he and David Chalick found a few minor issues that needed to be revised. Michael said that he spoke to the Facilities Management's Project Manager and that there were two requests for bids sent out and both were returned with Lykins Sign having the better price. However, the Purchasing Department has requested one additional bid. The Project Manager sent it to a company in Fort Myers and was awaiting that bid. Michael said he would send out an email to the Committee members when the quote came back from the third sign company, which is located in Fort Myers, in order to keep the Committee apprised of the sign's progress. Karen asked if the County has a policy to award bids within the County and Michael said that there was a policy made by the Board regarding that issue. Pat questioned if the cost of the sign would be close to $20,000. Michael informed the Committee that the Committee made a motion for the sign not to exceed $20,000, and that the bid provided by Lykins was $8,500, which included the sign, permits and installation. The bid for the electrical was returned and the bid stated that the cost would not exceed $2,700. Michael said that the cost to -date is about $11,200 but does not include the landscaping and irrigation costs. Karen asked when the sign would be installed and complete. Michael said that according to the Project Manager, it would take approximately 8 -9 weeks for final review of the plans and permitting process, and another 8 -9 weeks for construction pending weather conditions. 7. Discussion Regarding Jeff Curl's April 5, 2012 email regarding Impact Fees related to construction on County -owned properties: Jeff advised the Committee that the way the impact fees are being calculated for the Louise Hasse Community Center Expansion is based on the County's designation for parks as commercial retail. Barry said that he has had ongoing discussions with Amy Patterson, Collier County Impact Fee Manager, and expressed his concerns for the cost of those fees. Barry said that and Amy informed him that prior to 2001, government facilities did not pay impact fees on government - related projects. However, the developer community felt that it was unfair for the County to be exempt from paying impact' fees so the Board adopted a policy for the County to be required to pay impact fees on most County construction projects.- Barry said that he has shared his concerns with Amy about Parks having a commercial retail designation and both have agreed to research the issue further to determine if there is a better category for parks to be included. Karen suggested that a daycare designation be considered or something along that line. Karen is appalled that a portion of the money going toward this project is going towards impact fees. Barry said that the Parks Department has shifted Parks' money to pay for the impact fees for the expansion project and that the Committee's donation will not be used for those fees. Barry said that he hopes to have something more on this issue when the Committee meets again. Jim made a suggestion that the Committee not pay for impact fees for those projects it funds. Jeff said that the Committee has discussed that in the past and the main issue is that the Board needs to redefine the Parks' use and create a new category not as a church, karate center, or daycare, but a more realistic category to reflect the actual use. Jeff asked Barry if it would be helpful if the Committee drafted a letter addressing the impact fee concerns especially with the upcoming Parks Department's long -range planning coming up for review as well as future construction of some of the larger projects such as Eagle Lakes and the proposed regional park adjacent to the Fairgrounds. Barry suggested that the Committee delay any action until he obtains more information from Amy. Pat asked Barry for the total amount of impact fees for the expansion project. Barry said it was about $47,000. Jeff used the comparison that a residence has considerable impact on roads and services than the expansion project has in 2 1612 p8 :i . that the building is already in place as well as the infrastructure to service that project, Karen said that there has been an on -going conflict for impact fees to remain in the community in which those fees are collected in, and Karen feels that those fees should go towards the construction cost of the proposed regional park adjacent to the Fairgrounds. Barry thanked the Committee again for its support and said that the expansion project is aggressively underway. Barry advised that the summer camp program started today. Jeff asked again if a letter from the Committee addressed to the Board would assist Barry in the impact fee issue and Barry asked for the Committee to wait until Amy provides him with her findings. Jim said he was concerned about government entities requesting funding from the Committee and the project's funding would be diluted if a portion of that money went towards impact fees. Jim said that the Committee should reconsider what it will support.. Karen suggested that the Committee appoint Jim as its representative to meet with each of the Commissioners to relay the Committee's feelings about the impact fee issue and determine if the Board would be receptive to a formal letter or Board presentation on the matter, Karen said that the Committee is `gifting' money to County agencies and that funding should not be going towards impact fees. Barry suggested that Committee could expressly cite in its funding agreements that the money would; go solely for construction and not for impact fees. Barry reiterated that the Parks Department actually shifted money from their reserves to pay for the impact fees for the expansion project and that the Committee's money will be used for construction. Jim said he'd like to know if the Committee has paid for impact fees for any past projects it has previously funded, Karen asked for staff to provide data showing the Committee's funding on past projects and if any impact fees were related to any of those funding projects. 8 Louise Hasse Community Center Expansion Update; Michael responded to the Committee's request for an update on the progress of the expansion project. Tony Ruberto provided an email stating that construction began on April 17, 2012 and the anticipated completion date is November 2012. 9. Request from Collier County Facilities Management Department to fund a replacement sign at the University Extension at the Ag Center: Karen said that since the sign request if for the replacement of the sign, the Committee is unable to replace and/or repair equipment. Michael also said that the other issue was the property where the sign sits is actually in the 4rangetree PUD and not within the boundaries of Golden Gate Estates. Michael said that the item remained on the agenda for the Committee to consider since the Committee approved funding in the past for weather stations for the Fire Department which some stations were determined to be outside of the Golden Gate Estates physical boundaries, but would benefit the residents of Golden Gate Estates. Michael said he wanted the Committee's feedback on the request and that a caveat could be included if the Committee wished to proceed recognizing that the request is outside of the boundary, but would benefit the residents of Golden Gate Estates. Karen asked if the sign was for the university or if it was used by the Fairground. Michael said that the County owns that property and paid for the construction of the building. Karen asked if the sign is used by the Fairground and Michael provided a picture which shows the sign which included the Ag Center and the Fairboard advertisements. Jeff suggested that since the Fairboard uses the sign, the Fairboard should fund the sign since it's a benefit to them and the other members were in agreement. No formal vote was called. 3 • 10. Request from Collier County Facilities Management Department to fund an 'air curtain' for the Golden Gate Estates Library: Michael advised the Committee that he was relaying the request on behalf of the Facilities Management Department for the Committee's consideration and if the Committee were agreeable to the request, additional information would be provided at the next meeting. Pat asked what the purpose of the air curtain would be. Michael said that it is an air conditioning vent that is installed inside of and above the entrance doors that forces large amounts of cold air at the entrance, producing a curtain of air, that prevents warm air from entering the building and the air conditioned air from escaping. With the installation of this device, the benefits would include reducing the cost of air conditioning and to preserve the books in that it decreases the levels of humidity in the building. Michael said that he asked the County Attorney's Office if this equipment would be compatible with the Committee's funding guidelines, and the Attorney's Office said it would. Michael said that the cost would be in the range of $3,000 to $5,000. Jeff said that with the savings on the sign cost, this is something to be considered and that he was in favor of the request. Karen mentioned that the Committee discussed how no additional funding would be awarded to that same agency until its current project being funded by the Committee was completed. Michael said that the sign was a request from the Library Department and the air curtain was a request from the Facilities Management Department since it maintains all of the government buildings. Karen agreed that it would be a good project and that when she spoke to David at the Library, he was unaware of the project and that Library staff should be made aware of improvements at that location. Michael agreed, but reiterated that this equipment was the decision of the Facilities Management Department relating to building maintenance issues. Jeff said that he hopes the Facilities Management Department will not be making -a change to the Library's exterior color since the sign is based on the color of the existing building. Jim said that he questions the request and hopes it does not become an on -going maintenance issue. Karen said the Committee can't make any repairs or replace any existing equipment. Jim asked what was in the foyer now at the library and Michael said there was an air- conditioning vent. Jim said that if it will be reworking the existing air - conditioning - system, this isn't something the Committee could fund and Karen agreed. Karen asked Michael to provide information to the Committee at the next meeting to clarify if the equipment will run independently or if it is an addition to the existing system. 11. Proposed Executive Summary for Reserved List: Michael advised that the Summary has not been finalized, but is very close to being finalized. Karen asked that an email be sent to the Committee members once the reconciliation of the sales report and the ,Executive Summary have been finalized. Jim offered to assist if staff needed assistance in researching properties related to the reconciliation 12. Public Comments /Other Discussion Karen asked if there was any further discussion. Michael said that he had a reply to Jeff's inquiry from the last meeting regarding the School Board's intentions related to access to the proposed regional park through the school property and the I Wh Avenue SE outparcel. Michael said that Tom Eastman provided an email stating that access through the Palmetto Ridge High School property to the proposed park would be disruptive to the school's operations and result in potential safety and security issues at that site, therefore the >> School District denies any request for access. The email continued to say that the School District also understands that the County can gain access through its property at the north of the property.. Regarding the EMS/Fire Station outparcel site, Tom Eastman's email provide that subject to the approval of the School District, the property', would be offered for sale at fair market value and would also consider installment payments as well. Jeff said that the School Board purchased the I �� 10 1 e A87 subject property with money it received from County impact fees and taxes and would equate to the County essentially buying back the property. 13. Next Meeting Date: Karen said that the Committee would be due to have a meeting the end of July and with summer approaching, the Committee could pick up in September. Karen said that if there is an urgent funding issue, the Committee would make itself available. Karen suggested the next meeting to be September 24, 2012 at 6:00 pm. Karen called for a motion for the Committee to meet if an emergency funding issue were to arise, Jim made the motion and Jeff seconded the motion, all were in favor. 14. Adjournment: Karen called for a motion to adjourn, Pat made the motion and Jim seconded the motion, all were in favor. The meeting was adjourned at 6:50 pm. Attested: Ka en cquard an s i 1612 A September 27, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD Naples, Florida, September 27, 2012 BY...................... LET IT BE REMEMBERED that the Collier County Hispanic Affairs Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, with the following Members present: Chairman: Manuel Gonzalez Fiala /)t/ Hiller - -;,��- -- ---- -_ Henning ---- -- Coyle Coletta ---"' °--- -_ ----- _ ALSO PRESENT: Evy Ybaceta, Staff Liaison 1 Ileana Ramos Valaree D. Maxwell Albert Batista (excused) Zetty Y. Rivera (excused) Ate:_ Item #: k l.o-X: 2.,Y\ cm., Copies to: 16 12 A September 27, 2012 I. Call to Order: The meeting was called to order by Chairman Manny Gonzalez at 6:13 pm and a quorum was established. II. Approve the Meeting Agenda: Ileana moved to approve the Agenda, second by Valaree. Carried unanimously, 3 -0. III. Approval of Minutes from the Meeting of August 23, 2012: Ileana motioned to approve the minutes, Valaree seconded. Carried unanimously, 3 -0. A suggestion was made to allow the guest speakers to make their presentations before other business was conducted. IV. Guest Speaker: No guest speakers were on the agenda, but it was decided to allow two guests invited by Valaree speak at this time: A. Jane Molbert and Karen Tarnow: Volunteers for a group called Organizing for America. This is a group that helps voters to get registered and get to the polls for the election. Manny asked that by looking at her t -shirt she is registered democrat. Ms. Molbert stated that they are both registered democrat but the organization registers anyone. Manny asked what happens when you encounter voters that are not in accordance with your shirt. Ms. Molbert stated that they have not encountered that many people yet. They have been primarily visiting Golden Gate area. The final deadline to register to vote is October 9h. After that date they will be concentrating on calling voters to make sure they register and go to vote and provide transportation for the voters that don't have means to get to the voting places. They are encouraging voting my mail, because that way the Democratic Party would know how many people voted and avoid any problems for the voters when they go to vote in person. Manny asked how the voters go about getting around the ID requirement. Ms. Molbert stated that they make sure they provide the voters the ID requirements and make sure the ID matches their address. If they vote my mail they can go ahead and vote without presenting and ID, but as I understand, they made me called to present an ID at any time. She stated that there is not 100% verification, but that they might 2 A9 i 1612 September 27, 2012 do some type of spot checking. Her understanding is that registering to vote is very simple. They can take their Florida drivers license and the last four digits of their social security number and register them to vote. She is under the assumption that the requirements to obtain a Florida drivers license is very rigid, with a lot of original documents required. Manny stated that in California they would accept his birth certificate and passport and his badge as a form of ID. Valaree stated that when she got divorced, she had to proof everything to the driver's license bureau. She had to show her divorce decree, proof of her maiden name, etc. She stated that she liked that because she thinks is a good idea. That the 911 attack is what pushed the new driver's license requirements. Valaree also mentioned that she is interesting to know what their group is doing about transportation. Manny asked if the group was coordinating with CAT to move people around. Ms. Molbert stated that she didn't know, but she would ask at her office. She stated that this group is not only state, but also national and they have upper management that takes care of organizing these types of things. She was even told that President Obama talked to all of the volunteers that were present during a recent meeting. Valaree stated that every time there is elections, she has her students at the corner of 41 and Airport campaigning. That there might be republicans in one side and democrats on the other side, and that was perfectly find. She makes sure that all her students that are over 18 years old register to vote. That if she doesn't educate them, they don't register to vote. She has different signs that read "Latinos for Obama" and they will be there during the elections. Manny asked Ms. Molbert if people ask them if they have to vote for Obama. Ms. Molbert stated that they had people that said that they are not going to vote because they don't like either candidate. She stated that she gently tells them that it is important for them to vote. She stated that most people already have their mind set up and she wears an Obama shirt and the other lady doesn't to avoid any misconception since people do not like a white person coming to their door with a clipboard. Valaree offered her help for anything they need; she would like to get involved. 3 J 1612 Agptember 27, 2012 Ms. Molbert stated that she is afraid that because of the news say that Obama is ahead, people won't go to vote because they don't think their vote is needed. Manny stated that every vote does count. Valaree stated that she wanted to invite them because they are so energetic. V. Old Business: None VI. New Business: A. Approval of New Board Member Application: Letter of rejection from Mr. Jose A. Caceros to become part of the Hispanic Board due to his commitments pursuing his Law degree. B. Law Enforcement Presentation: Manny spoke about packages available for seniors on information regarding Medicaid. He spoke about scams in regards to phone calls that Obama will pay for their utilities. Manny spoke about a new scam in regards to abandoned homes. People are spotting these homes, calling a locksmith, changing the locks and renting them out. This scam was published in local newspapers. VII. Member and Staff Comments: If members don't attend the meetings or call that they can't make the meeting, they should be dropped after 3 meetings. VIII. Adjourn Manny motioned to adjourn, Valaree seconded. Carried unanimously, 3 -0. Meeting adjourned at 7:15 pm. Next Meeting: October 25, 2012. n Chairman 4 Date MSTU Board Commissioner Chair Fred W. Coyle Commissioner Tom Henning Commissioner James N. Coletta Commissioner Donna Fiala Commissioner Georgia Hiller MSTU Advisory Committee Cherryle Thomas Chair Lucy Ortiz William Deyo Andrea Halman Norma Ramirez CRA Staff Penny Phillippi Executive Director Bradley Muckel Project Manager Christie Betancourt Administrative Assistant 1BDC Staff Marie Capita IBDC Manager MSTU Staff Jeffery Nagle Project Manager 239.867.4121 AGENDA Immokalee Li hting and Beautification MSTU 1320 North 151, Street Immokalee, FL 34142 October 24, 2012 - 10:00 A.M. I� D. E. F. G. H. 1. K. L. Call to Order. Roll Call and Announcement of a Ouorum. Introductions. Florida Department of Transportation Staff Announcements. Adoption of Agenda. Communications. Approval of Minutes for August 22 & September 26, 2012. a. August 22, 2012 (Enclosure 1) b. September 26, 2012 (Enclosure 2) Old Business. a. Budget Report (Enclosure 3) i. PO Report (Enclosure 4) ii. Expenditures (Enclosure 5) b. Code Enforcement Report c. Project Manager Report i. Carson Road Sidewalk Report ii. Main Street Improvements Report iii. Street Lighting Report iv. Holiday Decoration Update d. Contractor Reports i. Maintenance Report – CLM (Enclosure 6) ii. Landscape Architect Report – JRL Design e. Community Redevelopment Agency Report i. Stormwater Project Update ii. Crosswalk Project Update iii. 1st Street Plaza Update 1612 A10 Fiala I v Hiller_ Henning _ "- Coyle .i- Coletta C, New Business. a. FL Department of Transportation Questions and Answers. b. Selection of landscape architectural consultant (Action Item) c. Authorization to install Perennial Peanut planting in empty, non - irrigated, median island at Main Street & 0 Street. (Enclosure 7) (Action Item) d. Review Main Street Improvements project engineers cost estimate (Enclosure 8) (Action Item) Citizen Comments. Next Meeting Date. Joint CRA & MSTU Meeting November 14, 2012 at 8:00 A.M. Adjournment. * The next MSTU Advisory Committee meeting will be held November 14, 2012 at 8:00 A.M. at Southwest Florida Works located at 750 South Fifth Street in Immokalee. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please contact Jeffrey Nagle, MSTU Project Manager, at 239.867.4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Jeffrey Nagle at least 48 hours be]oj0rtJAmeeting. The public should be advised that members of the MSTU Lighting and Beautification Advisory Committee may also members of other Boards and Committees. In this regard, matters coming before the Advisory Committee may come before one or more of the eferenced Boar and Committees from time to time. �2t @. \ I %� LOAD Immokalee Lighting and Beautification M *U #: 1320 North 15th Street Immokalee, FL 34142 ^ies to: Immokalee; Lighting and Beautification MSTU Certification of Minutes Approval Form 1612A10 W2 JQ BY: ....................... Ap roved by: %U4 4"o 1' Cherryle Tho Chairman 'U Liaison , These Minutes for the August 22, 2012, MSTU Advisory Committee Meeting were approved by the MSTU Advisory Committee on October 24, 2012 as presented. * The next MSTU Advisory Committee meeting will be held November 14, 2012 at 8:30A.M. at the Southwest FL Works conference room located at 750 South 5h Street, Immokalee, FL., 34142. All meetings will be publicly noticed in the W. ;Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Jeffrey Nagle, Immokalee MSTU Project Manager, at 239- 867 - 4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the MSTU Lighting and Beautification Advisory Committee may also be members of other Boards and Committees. In this regard, matters coming before the Advisory Committee may come before one or more of the referenced Board and Committees from time to time. Fiala V-1 Hiller �T Henning _ Coyle ✓� Coletta iviisc. Corres: Date: Item #: '2 -f4 10 Copies to: I � Minutes Immokalee Lighting and Beautification MSTU Advisory Committee Meeting August 22, 2012 A. Call to Order. The meeting was called to order by Cherryle Thomas at 10:03 a.m. B. Roll Call and Announcement of a Quorum. Advisory Committee Members Present: Cherryle Thomas, Bill Deyo, Lucy Ortiz, Andrea Halman and Norma Ramirez Action: A quorum was announced as being present. Others Present: Richard Tindell, Robert Kindelan, and Cristina Perez Staff: Jeffrey Nagle, Christie Betancourt, and Penny Phillippi. C. Introductions. Cristina Perez was introduced as the Code Enforcement Supervisor for Immokalee. D. Announcements: Ms. Thomas announced that the Immokalee Christmas Around the World will be held on 12/8/2012 this year and that Guinness Book of Records will be there to count floats. Ms. Thomas added that if Immokalee places 2 °d in the book of records then Good Morning America will do a story on the event. No other announcements. E. Adoption of the Agenda. Action: Ms. Ortiz made a motion to approve the agenda; it was seconded by Ms. Halman and the motion passed by a vote of 5 -0. F. Communications. o Mr. Nagle passed around the Communications Folder which contained the following: Notice of MSTU Public Meeting. • No Littering Flyer. • Keep Collier Beautiful Coastal Cleanup Flyer. • Carson Road Sidewalk project plans. • Proposed ramp modifications for the Main Street Improvement project. • Photos of August 13 light pole knock down. G. Approval of the Minutes. Action: Ms. Ramirez made a motion to approve the minutes for the month of May and June 2012. The motion was seconded by Ms. Ortiz and the motion passed by a unanimous vote of 5-0. H. Old Business. a. Budget Report. Mr. Nagle reported on the current budget, provided Purchase Order and Expenditures Reports to the Committee. It was noted that the Purchase Order report was incorrect and will be revised and emailed to the Committee Members. The reports were accepted by consensus. Immokalee CR4 2012IMSTUMaster File /Agendas /September 2012 1August Minutes 1 16 1 A-1 0 -�11 Immokalee Ebndo in rM 73 � romwy b. Code Enforcement Report. Ms. Perez from Code Enforcement announced that a Community Clean Up on Saturday September 8, 2012 will be conducted along Delaware Avenue. The Code Enforcement Task Force meets every last Tuesday of the month, at 10:00 am at the Health Department, to review blight issues and break in's of foreclosed properties in Immokalee, all were invited to attend those meetings. Ms. Perez added that the Sheriffs Department will perform a Sweep in September. Ms. Thomas stated that it seems like all the enforcement efforts have been focused on the west side of town and asked that the east side also be considered for these efforts. Ms. Thomas inquired who is typically responsible for mowing the lawn area between the edge of roadway and the sidewalk on a residential property. She indicated that some residents had called her about the maintenance in the area on the south side of New Market Road near the "Triangle area ". Ms. Perez and Ms. Phillippi responded indicating that it was the lot owner's responsibility to maintain that area. Ms. Thomas asked if anyone knew who was mowing the area behind the 1" Baptist Church. Attendees responded with an assumption that it is FDOT. C. Project Manager (PM) Report - Mr. Nagle reviewed the MSTU Project Managers report with the Committee. i. Carson Road sidewalk project — Mr. Nagle provided the Committee with an updated Opinion of Probable Cost for the project and identified some additional design improvements and adjustments made to the plans prior to preparing the RFP. The added improvements increased the engineers estimated project budget from +- $95,000 to +- $100,000. He stated the RFP is almost complete and will be ready for solicitation by the end of August or early September. Mr. Nagle inquired of the Committee if they wanted to increase the budget amount of $105,000 approved at the last meeting to reflect the new engineers estimate. The Committee declined and will wait to see what the bids are before considering a revised budget. ii. Main Street Improvement project - The Committee Members were informed that the MSTU has received 100% construction plans for the project from JRL, however there are concerns with the ownership at some of the road intersections where sidewalk and handicapped ramps are proposed. Stewart Title performed the Ownership and Easement research and found no easements in the target area. A meeting with JRL, RWA, and FDOT has been schedule for Friday 8/24/12 to find a solution. iii. Street Lighting — Mr. Nagle informed the Committee that there had been a median light pole knocked down over this past weekend at Main Street and 9th Street. A new Lumec standard blue color for the light poles was presented to the Committee for comparison with a piece of existing blue light pole as an alternative and Immokalee CRA 2012IMSTUMaster File /Agendas /September 2012 1August Minutes 2 anticipated cost savings when ordering replacement lights. The Committee all agreed that the new standard blue should be specified when ordering new light poles for knock down replacements in the future. Ms. Thomas stated that Deputy Taylor has told her that the blue lights at the intersections of Main and 2"d and 1st and Delaware are not working and asked that Mr. Nagle investigate the reason why and coordinate repairs with the appropriate MSTU vendor. iv. Holiday Decoration - The Committee was informed that a total of 40 Lighted Angel decorations are anticipated and planned to be installed along Main Street from 1St Street to the Triangle at New Market Road. Mr. Nagle has obtained the structural EPA information from the Angel manufacture and is preparing a general use permit for FDOT approval. The permit must be in by mid - September before the County is relieved of the permit issuance responsibility. Ms. Phillippi indicated that we have only 12 more weeks until the decorations have to be installed for the Holiday season. V. Ninth Street Sidewalk replacement — The Committee was informed that through discussions with Collier County Transportation Department staff has recommended preparing the R.O.W. permit and asking for a waiver from the required lot owner signature since one owner is deceased and the other has not been located. Ms. Phillippi indicated that the amount of time spent by the Immokalee MSTU Project Manager on coordination for this project might be more than the actual project costs. d. Contractor Reports. i. Maintenance Report - The Committee was directed to review the report from CLM. Mr. Kindelan reviewed his report. CLM has been trimming the bougainvillea hedges in the medians to provide a level top to the hedge row as directed by the MSTU Project Manager. CLM performed paver area pressure cleaning last month and review the dirt that remained on the pavers after cleaning with the MSTU Project Manager in the field.CLM will schedule another test pressure cleaning with Mr. Nagle next week to determine why the pavers did not come clean. Mr. Kindelan indicated that the site furnishings are looking a little dirty and that they used to clean the bench slats with bleach and water; however he stopped doing that because the bleach residue can damage the clothing of pedestrians and that it also pitted the plastic /rubber slat material. The benches will be pressure cleaned in the future. The irrigation that is not functioning at the Casino area on 1St Street, as recently brought to the attention of CLM, will be reviewed today. Mr. Kindelan also pointed out to the Committee that the porous irrigation pipe Immokalee CRA 2012IMSTUMaster File /Agendas /September 20121 August Minutes 3 16 1 AID Immokalee (soaker hose) will be checked for leaks where the juniper is dying and recommended that the system be upgraded to a regular irrigation system (Netifim drip pipe). Ms. Halman asked if the MSTU can change the plants in the medians to get away from the bougainvillea. Mr. Nagle responded indicating that he is considering a new plant palette for the medians however, the new plant materials being considered may present a concern with pedestrian trampling it and perhaps some time of post and chain barrier may have to be incorporated in the design. Mr. Kindelan added that the bougainvillea in the medians is continuously trampled by pedestrians, however the Jasmine groundcover is not trampled and a that a planting design with more Jasmine could be considered. Ms. Thomas added that there is a lot of pedestrian crossing through the medians on South 1St Street, near the Coral Palms area. ii. Landscape Architect Report - Mr. Tindell from JRL reviewed the Landscape Architect Report and the photos provided. Mr. Tindell again pointed out the missing shrub material at the Sheriffs office frontage along South 1St Street that should be replaced and identified 1 dying Crape Myrtle tree in a 1St street median that has significant dieback on it and requires corrective pruning and 1 dead Crape Myrytle near the Casino on 1St Street that needs to be removed and replaced. Mr. Tindell suggested that the 1" Street Crape Myrtle be replaced with a nicer evergreen tree since the existing Crapes are past their prime and starting to decline adding that perhaps a flowering Tababuia tree might look nice there. Mr. Nagle indicated that he had met with CLM on site a couple of weeks ago and directed him to prune all the Crape Myrtle trees up to a height of 10 feet from the ground (evenly) per our contract with CLM. A discussion regarding the deterioration and damaged disposition of the existing brick planters along Main Street ensued. The Committee collectively directed CLM to review the planter conditions and provide recommendations as to which planters should be repaired and which should be removed and provide the MSTU with a quote for the work to be performed. Mr. Tindell closed his report by thanking the MSTU Committee members for providing JRL the opportunity to work with them and that his contract with the Immokalee MSTU will be ending tomorrow 8/23/2012. He added that he would be pleased if the Committee saw fit to extend his contact for landscape architectural consulting services. Mr. Nagle indicated that this item is on the agenda to be discussed under New Business. Immokalee CRA 2012 /MSTUMaster File /Agendas /September 2012 /August Minutes 4 16 A10 Immokalee tkrrnM i+ the 71 sr ceMvry C. Community Redevelopment Agency Report. i. Stormwater Project — Ms. Phillippi provided an update on the project schedule informing the Committee that the project is 75% complete and that the resurfacing of 2 streets associated with the project is next on the schedule. Additionally, at the moment, Mr. Muckel is attending a meeting with the Big Cypress Basin to discuss further funding assistance of $400,000 for design of Phase II, Immokalee Drive. Ms. Ortiz asked gets the money for the fill dirt coming out of the pond site on the current storm water project. Ms. Philippi responded indicating that it is the contractor. Ms. Thomas asked who is mining the dirt by the Marian Feather site. No one knew. ii. Crosswalk Project — Ms. Phillippi informed the Committee that the $140k from the CDGB has taken 6 months for the County to prepare the RFP and that it could take another 6 months for the feasibility study and design process which would push the project into 2014. However, the grant funds require the project to be completed by 12/31/2012. Therefore, the money will have to be returned to the funding source. The MSTU Committee was asked if they might consider partnering with the CRA and sharing some of the study's cost of $20k. Ms. Halman asked why the County took 4 months to prepare the RFP. Ms. Phillippi responded indicating that Purchasing had no answer or recommendations for speeding up the process, adding that she is still discussing the issue with Purchasing. iii. 1St Street Plaza RFQ update — Ms. Phillippi informed the Committee that the No. 1 selected professional for this project is Corban Architecture. I. New Business. a. MSTU member renewal: Mr. Nagle informed the Committee that Ms. Ramirez and Ms. Ortiz have completed the online application as shown on (Enclosure 9) for review. Action: Mr. Deyo made a motion to approve the MSTU membership renewal for both Norma Ramirez and Lucy Ortiz, it was seconded by Ms. Halman and the motion passed by a vote of 3 -0. b. JRL Design contract renewal: Mr. Nagle indicated that the JRL contract for landscape architectural consulting services will expire tomorrow on 8/23/2012 and inquired how the Committee would like to proceed. The Committee directed staff to file an extension of the current JRL contract for the next 30 days to allow the Committee to review the other short listed landscape architectural firms in the County's library of vendors. Mr. Nagle added that Mr. Tindall has formed a new firm titled Green Works Studios which is one of the 5 shortlisted firms that the County selected. Ms. Thomas asked if the Immokalee MSTU will have a chance to select who they want to be their Immokalee CRA 2012IMSTUMaster File /Agendas /September 2012 1August Minutes 5 landscape consultant or will it be assigned to them. Mr. Nagle responded indicating that he will investigate their concern and will provide a response to the Committee as soon as he receives an answer. Action: Mr. Deyo made a motion to approve the extension of the current JRL landscape architecture consulting contract for an additional 30 days from 812312012, it was seconded by Ms. Ortiz and the motion passed by a vote of 5 -0. c. Street Light replacements: The Committee was directed to 3 estimates from Southern Signal for the replacement of currently missing light poles along Main Street and 1St Street, specifically located at Walgreens & Main Street, Eustis Avenue & 1St Street, Popeye's Chicken & Main Street and McDonalds & Main Street. Mr. Nagle explained that the current available MSTU budget for street lights is approximately $17,000 and that there is not enough budget remaining to replace all 3 of the lights. Possibly 1 light could be replaced at this time prior to the 2013 fiscal year budget. The Committee directed staff to proceed with coordinating the light replacements as far as the budget will allow with the exception of the replacement of the McDonalds & Main Street light. Citizen Comments. a. None J. Next Meeting Date. Ms. Phillippi suggested that the MSTU members consider holding their next meeting as a joint meeting with the CRA Advisory Board members on September 26, 2012 at 10:00 am at the Southwest Florida Works building. The Committee directed staff to coordinate the next meeting with the CRA Advisory Board. K. Adjournment. The meeting adjourned at 11:45 a.m. Immokalee CRA 2012IMSTUMaster File /Agendas /September 20121 August Minutes 6 Immokalee Lighting and Beautification MSTU Certification of Minutes Approval Form 1612 Al BY: ....................... Prep,; by: Approved by: Penny P ' lippi, Execut' C erryle Thoma hairman Immo a e Lighting and 96irector eautification MSTU Liaison These 'Minutes for the September 26, 2012, MSTU Advisory Committee Meeting were approved by the MSTU Advisory Committee an October 24, 2012 as presented. * The next MSTU Advisory Committee meeting will be held November 14, 2012 at 8:3OA.M. at the Southwest FL Works conference room located at 750 South 5h Street, hnmokalee, FL., 34142. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Jeffrey Nagle, Immokalee MSTU Project Manager, at 239- 867 -4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the MSTU Lighting and Beautification Advisory Committee may also be members of other Boards and Committees. In this regard, matters coming before the Advisory Committee may come before one or more of the referenced Board and Committees from time to time. Fiala Hiller Henning Coyle ✓� Colette Misc. Corres: Date: 1 Item #:k L-k-DL� -2—�� copies to: Minutes Enclosure 2 Immokalee Lighting and Beautification MSTU Advisory Committee Meeting September 26, 2012 A. Call to Order. The meeting was called to order by Cherryle Thomas at 10:10 a.m. B. Roll Call and Announcement of a Quorum. Advisory Committee Members Present: Cherryle Thomas and Bill Deyo Advisory Committee Member Absent/Excused: Lucy Ortiz, Andrea Halman and Norma Ramirez Action: A NO quorum was announced. Others Present: Richard Tindell, John Rebise, Robert Kindelan, Fred Thomas Jr., Carrie Williams, and Cristina Perez Staff. Jeffrey Nagle, Penny Phillippi, Brad Muckel, Christie Betancourt, and Marie Capita. C. Introductions. John Ribes was introduced as the Principal in Charge of JRL Studios. D. Announcements: Mr. Thomas announced that he is an active member of the Citizens Advisory Committee (CAC) and stated that the CAC and the Metropolitan Planning Organization (MPO) will be having a joint meeting next month (October 4th) and will discuss placing a bus depot across from the Seminole Casino which would be good for tourism. Mr. Thomas added that the Casino planning to build a $495 million dollar hotel and that a strip mall near the potential bus depot would also be a good idea. Ms. Thomas stated that she has spoken to the Guadalupe Center and was informed that the property purchase cost for that parcel will probably be below $750,000. E. Adoption of the Agenda. No Action Taken: (Quorum not present) F. Communications. o Mr. Nagle passed around the Communications Folder which contained the following: Notice of MSTU Public Meeting. • Coastal Cleanup Power Point presentation • Copy of 0$ Extension for JRL landscape architectural consulting services, extension until 10/22/12. G. Approval of the Minutes. No Action Taken: (Quorum not present) H. Old Business. a. Budget Report. Mr. Nagle reported on the current budget, provided Purchase Order and Expenditures Reports to the Committee. Mr. Nagle stated that Gloria Herrera from the ATM/MSTU department in Naples will assist him with Immokalee CRA 2012IMSTUMaster File /Agendas /October 20121 September Minutes 1 �i R Fmmokacee t n the new FY2013 Fund 111 PO's and that it was his understanding that adding a 10% increase to the new PO's to be processed is typical. Ms. Thomas asked about the newly installed temporary curbing and "white sticks" along Lake Trafford Road, indicating that the MSTU offered to install rails in that location last year, but heard no more about it. Mr. Nagle and Mr. Nagle stated that it was his understanding that the work was being done with FDOT funding, possibly Safe Routes to School program. Ms. Thomas stated that she had contacted Choice Environmental to ask about cleaning up the remnants of the vacated homeless person at the McCrory store frontage along Main. Jim Wheatly was offered as the Choice contact person to speak with. The reports were accepted by consensus. b. Code Enforcement Report. Ms. Perez from Code Enforcement announced a clean up on School Drive and Delaware was conducted on September 8th and that Weldon Walker of Code Enforcement assisted with the MSTU /KCB Coastal Cleanup on September 15th. A good amount of volunteers turned out for that event. On October 8th a meeting will be held at the Community Care Facility to create a list of abandoned structures in the community in coordination with the Sheriff's office. On October 12th there will be a construction debris removal Task Force meeting in Immokalee. C. Project Manager (PM) Report - Mr. Nagle reviewed the MSTU Project Managers report with the Committee. i. Carson Road sidewalk project — Mr. Nagle stated the bid preparation is in progress and the project is on schedule. ii. Main Street Improvement project - The Committee Members were informed that at the last project design meeting, attended by JRL, Rick Arico (FDOT), and RWA surveyor, FDOT had requested that all the ramps along Main Street be designed to comply with FDOT accessible standards. In order to meet the FDOT ramp design criteria many of the ramps and curbs reconstruction will extend beyond the Main Street R.O.W. and into the County R.O.W., requiring additional project scope, additional project costs, and additional County R.O.W. permitting. Nagle reviewed a letter from JRL, received by email on 9/23/12, indicating what JRL determined will be needed to revise the plans per FDOT requests at the last project meeting. Mr. Ribes (JRL) stated that what Mr. Arico is asking for is not an official FDOT request and suggested that the MSTU formally submit the 100% plans for the project to FDOT for review and comment. The MSTU committee members present directed Mr. Nagle to formally submit the 100% plans for the project to FDOT for review and comment. Immokalee CRA 2 012IMSTU Master File /Agendas /October 2012 /September Minutes 2 Ms. Thomas asked if someone from FDOT could attend the next MSTU meeting to discuss the project. It was recommended that Trinity Scott be contacted to attend that meeting. Mr. Thomas indicated that perhaps the plans for Main Street Improvements could be presented at the County CAC and TAC advisory meetings with a request to those committees that the plan be passed thru FDOT as currently designed. Ms. Thomas stated that the existing planters along Main Street. Mr. Tindell indicated that the planters were in the sight lines of the proj ect. Mr. Nagle noted that the JRL contract for this project will expire on October 31, 2012 and that an extension will have to be requested until FDOT comments are provided and the MSTU can determine how to proceed with the plans. iii. Street Lighting — Mr. Nagle informed the Committee that there had been no new light pole knock downs since the last MSTU meeting. He is waiting on the light pole manufacture (Lumec) to provide the standard blue color light pole costs to the supplier so the MSTU can receive an updated light pole replacement cost estimate from the contractor. iv. Holiday Decoration - The Committee was informed that Southern Signal investigated the existing light poles along Main Street to determine if the electrical outlets were energized and it was determined that the lights from 91h Street north to New Market Road did not have electric to the existing sockets. Mr. Nagle reviewed the Southern Signal estimate for; 1) wiring up the needed 26 light poles receiving decorations, 2) installing the 40 decorations including mounting brackets, and 3) removal of decorations after the Holiday season. Ms. Thomas indicated that she thought that the original light pole contract called for the electric outlets on the poles from 9th to New Market Road to be wired. The MSTU members present also directed Mr. Nagle to proceed to have the contractor wire up the necessary (26) light pole electric outlets. Staff was instructed to research the original light pole installation contract. Ms. Thomas added that it is the Committees direction that Mr. Nagle place the order for the 40 Lighted Angel decorations and hope for the best (regarding the FDOT General Use permit approval). Ms. Thomas asked what decorations will be provided along 1St Street from Carver to Main where there are no electric outlets on the existing light poles Ms. Thomas recommended that Mr. Nagle coordinate the garland wrapping with Trimmers. Mr. Kindelan (CLM) indicated that he has the existing cornucopia banners and that they were worn and Immokalee CRA 2012IMSTUMaster File /Agendas /October 20121 September Minutes 3 tattered. He will look through them to determine how many he has and which needed to be replaced with new ones. Ms. Thomas inquired about the Holiday banner change out stating that the Committee would like to buy new "cornucopia" banners. Mr. Nagle was instructed to review the condition and quantity of the existing cornucopia banners after January to determine a new order. Ms. Thomas indicated that the Holiday banners and new lighted angel decorations should be installed on 11/1/12 (1St Wed. of November) and removed on 1/6/12. Mr. Kindelan made note of the dates. V. Ninth Street Sidewalk replacement — The Committee was informed that the project was on hold until the required County R.O.W permit can be completed and submitted for approval. Mr. Nagle anticipates completing the permit application after completing the Holiday decoration coordination. d. Contractor Reports. i. Maintenance Report - Mr. Kindelan reviewed his report. CLM anticipates an application of mulch in November and recommended that the MSTU rollover the fertilizer and mulch supplier contracts with the County. CLM has reviewed the existing condition of the damaged planters along Main Street, as directed at the August MSTU meeting and recommended that two of the planters be removed since they are severely damaged and would require significant work and cost to repair. Mr. Kindelan added that he thinks that there is a concrete slab under the planters and that it is possible that the planters drain by way of the gutter inlets /grates. CLM was instructed to remove the two planters. Mr. Kindelan stated that the two gateway entrance signs at New Market and SR 29 and at 1St Street and the Casino had been cleaned and bricks re- pointed. CLM indicated that they had previously submitted a quote for plant replacement at the Sheriffs office and will resubmit that estimate to the Immokalee MSTU for review. A discussion of which fund CLM's fertilizer and mulch costs are taken from. Mr. Kindelan indicated that fertilizer and mulch has always come out of fund 111. Ms. Bentencourt indicated that since the CRA has managed fund 162 the fertilizer and mulch costs have been charged to fund 162. ii. Landscape Architect Report - Mr. Tindell from JRL reported that the declining Acacia tree described in last months report still exists in the New Market/SR 29 triangle median and should be removed. He indicated that the Main Street trash receptacle doors reamain open after collection and appear to be getting worse. Mr. Tindell Immokalee CRA 2012IMSTUMaster File /Agendas /October 20121 September Minutes 4 iii. indicated that the stump of a recently removed Crape Myrtle tree in the median of 1St Street and should be dug out. CLM stated that the stump will be removed this week. Mr. Tindell questioned CLM on the status of the dying Crown -Of -Thorns in the median on I St Street. Mr. Nagle indicated that CLM has provided an estimate for the removal of the dead plant and the removal and replacement of the soil in the median. Mr. Nagle indicated that he will need to prepare an alternate planting design for that area before CLM can provide a complete cost estimate. Mr. Tindell recommended that CLM perform a severe trimming of the Bougainvillea hedges in the medians in October. CLM agreed. JRL further recommended that the White Fountain Grass in the medians should be cut back again (recently trimmed back in August). Mr. Nagle indicated to the Committee that he will coordinate with CLM to replace the dead Crown -Of -Thorns plants in the 1St Street median, where needed. e. Community Redevelopment Agency Report. i. Storm water Project — Mr. Muckel informed the Committee that the Storm Water project is on schedule and will be completed by November 7th. The next phase of the storm water project will consist of a roadway overlay on Boston, Colorado, and Delaware Avenues to be bid next week for construction in November through January. Mr. Deyo stated that he was concerned about the sidewalk on Colorado Avenue. Muckel responded indicating that particular section of roadway is privately owned by the residents fronting on it. Mr. Muckel stated that a new $2 mil. DREF grant for the construction of a stormwater improvements project at Immokalee Drive will be going out to bid. He added that the Big Cypress Basin Board has programmed their budget for funding $200,000 of this projects cost. ii. Crosswalk Project — Mr. Muckel indicated that the selected contractor for this project was AIM Engineering and initial project cost came in high. He is currently working on negotiating a lower cost of the study phase of the project with the engineer. Mr. Muckel informed the Committee that the project funding had to be returned and recommended that the MSTU partner with the CRA to fund the study phase of the project. He will bring the cost of the study back before the Committee for further discussion at the next meeting. iii. Facade Grant update — Mr. Muckel stated that there are currently two building currently working under the grant, Minors Market and the Haitian Restaurant. Immokalee CRA 2012IMSTUMaster File /Agendas /October 20121 September Minutes 5 iv. 1St Street Plaza RFQ update — Mr. Muckel informed the Committee that David Corbin Architect was selected for the project. The project design contract and will go before the Board of County Commissioners for approval on November 13u'. I. New Business. a. Selection of a landscape architectural consultant: Mr. Nagle suggested that selection of a County approved firm to provide MSTU consulting services be postponed until the next meeting to allow the MSTU Committee members time to review the short listed firms submittals before making their selection. No Action Taken: (Quorum not present) b. Review of number of street sweepings in the current maintenance contract: Mr. Nagle explained that under the current contract for FY 2012 there were 31 street sweepings budgeted. However, there were actually 39 sweepings performed at one per week. A review of the current maintenance contract identifies a total of 52 sweeping or 1 per month. Nagle requested if the Committee wanted to see 52 sweepings per year (1 per week) or would they prefer an alternative number of sweepings per year. Ms. Thomas stated that 1 sweeping per week for a total of 52 sweepings per year is the direction of the Committee. J. Citizen Comments. a. None K. Next Meeting Date. Regular Meeting October 24, 2012 at 10:00 AM. H. Adjournment. The meeting adjourned at 11:45 a.m. Immokalee CRA 2012IMSTUMaster File /Agendas /October 20121 September Minutes 6 Immokalee Lighting and Beautification MSTU Certification of Minutes Approval Form 'U Liaison BY:.. ..................... Fiala Hiller _ 6, Henning =� — Coyle _ Coletta Approved by: Cherryle Th " as, Chairman These Minutes for the October 24, 2012, MSTU Advisory Committee Meeting were approved by the MSTU Advisory Committee on November 14, 2012 as presented. * The next MSTU Advisory Committee meeting will be held January 23, 2013 at 8:30A.M. at the Immokalee CRA office located at 1320 15'h Street, Immokalee, FL., 34142. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee; Public Library and provided to the County Public Information Department for distribution. Please call Jeffrey Nagle, Imrnokalee MSTU Project Manager, at 239 -869 -4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact, Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the MSTU Lighting and Beautification Advisory Committee may also be members of other Boards and Committees. In this regard, matters coming before the Advisory Committee may come before one or more of the referenced - Board -and Committees from time to time. v,iisc. Corres: Date: 1 1`5 Item #: U -hies to: F Minutes Immokalee Lighting and Beautification MSTU Advisory Committee Meeting 1320 N. 15th Street Immokalee, FL October 24, 2012 A. Call to Order. The meeting was called to order by Cherryle Thomas at 10:09 a.m. B. Roll Call and Announcement of a Quorum. Advisory Committee Members Present: Cherryle Thomas, Lucy Ortiz, Norma Ramirez and Bill Deyo Advisory Committee Member Absent/Excused: Andrea Halman Action: A quorum was announced as present. Others Present: Richard Tindell, Robert Kindelan, Russ Mueller, Trinity Scott, and Richard Arico. Staff. Jeffrey Nagle, Penny Phillippi, and Brad Muckel. C. Introductions. Introductions were made by everyone present. D. Announcements: None E. Adoption of the Agenda. Action: Ms. Ortiz made a motion to approve the Agenda, Mr. Deyo seconded the motion and it passed by unanimous vote. F. Communications. Mr. Nagle passed around the Communications Folder which contained the following: Notice of MSTU Public Meeting, Collier county Pathways Map, and Check from Insurance Company, CLM Estimate, and Tindell's Report. G. Approval of the Minutes. — August 22, 2012 and September 26, 2012. Action: Mr. Deyo made a motion to approve the Minutes for both meetings, Ms. Ramirez seconded the motion and it passed by unanimous vote. H. Old Business. a. Budget Report. Mr. Nagle reported on the current budget, provided Purchase Order and Expenditures Reports to the Committee. b. Code Enforcement Report. None C. Project Manager (PM) Report - Mr. Nagle reviewed the MSTU Project Managers report with the Committee. i. Carson Road Sidewalk Project - Mr. Nagle reported on his discussions with Brandy Otero at the County regarding a plan note and that the bus pad removal will be performed by the County and the re- grading will be handled by the Selected Contractor. ii. Main Street Improvement Project — Mr. Nagle stated that 100% plans were sent to FDOT per the Committee's September instructions. Immokalee CRA 2012IMSTUMaster File /Agendas /November 20121 October Minutes 1 He further stated that the JRL design contract with the MSTU will be extended until FDOT comments are provided from 100% plan review. iii. Street Lighting Report — The Committee members were informed that another month has gone by without any light poles being knocked down by vehicles. The reimbursement insurance check to Immokalee MSTU for more than $13,000, for cleanup and replacement of a past light pole knock down, was pointed out to the Committee. iv. Holiday Decorations Update — Mr. Nagle has placed the order for the 40 lighted angels and he expects them to be delivered on or about November 18th. He expects the mounts and brackets to be delivered this week, to be painted and installed immediately thereafter. He further stated that he has not yet received the Use Permit to hang the decorations but he has sent a letter from an engineer that may work in lieu of additional wind load calculations requested by FDOT. d. Contractor Reports. i. Maintenance Report - Mr. Kindelan stated that he will install the Holiday banners on November 1St. He reported that he has cut the bougainvillea down and has 4 more to complete tomorrow. Two irrigation controllers are not responding and he will check on those today. He completed the planting of hedge in the vacant spaces at the Sheriff's Department site. ii. Landscape Architect Report - Mr. Tindell from JRL reported that the declining Acacia tree (struck by lightning) described in last 2 months reports still exists in the New Market /SR 29 triangle median and should be removed. He stated the monument signs for Immokalee doesn't "pop ". e. Community Redevelopment Agency Report. i. Stormwater Project Update — Mr. Muckel reported that pipes are all in the ground and the pond is complete with a fence and that Collier County will be installing a lock in the next few months. ii. Crosswalk Project Update — AIM Engineering, the selected firm, has quoted a project cost of $140,000. Mr. Muckel will be negotiating by reducing some of the deliverables. When he returns with a new price, he will request of both the MSTU and the CRA that they partner to fund the project. iii. 1St Street Plaza Update — Mr. Muckel informed the Committee that David Corbin Architect was selected for the project. The project design contract and will go before the Board of County Commissioners for approval on November 131H Immokalee CRA 2012IMSTU Master File /Agendas /November 20121 October Minutes 2 1�Ic A3.0 Immokalee I. New Business. a. FDOT Questions and Answers (This item was heard following agenda Item H. c. iv) — Russ Mueller and Trinity Scott entertained various questions from the Committee. Please see the attached Adendum to the Minutes for the resultant Q & A. Salient results of the conversation were: a. Ms. Scott will investigte how the MSTU might be notified of when and what FDOT work will occur in Immokalee on Main Street. b. Committee requested that Mr. Casalanguida or staff and FDOT meet with MSTU Advisory Committee at least every 6 months to provide updates. c. New signs on Main Street crosswalks now say "Stop" as opposed to "Yield to Pedestrians" due to regulatory requirements. d. There is a need for an Immokalee citizen to serve on the Pathways Advisory Committee. b. Selection of a landscape architectural consultant — Ms. Phillippi stated that the County has selected five (5) firms from which the MSTU Committee can select a contractor. She further stated that the Committee could use all 5 at the same time if they so desired. By consensus, the Committee decided to work primarily with Greenworks Studios, Inc. with the understanding that any of the 5 could be selected for various projects at any time during the contract period. c. Authorization to install Perennial Peanut at 6th and Main median. After a brief discussion, the Committee was comfortable with the Perennial Peanut in the large island on Main Street. It was agreed that the Purple Heart plant was not a good idea as a replacement plant in 1St Street medians. d. Review Main Street Improvements Cost Estimate — Mr. Nagle provided a brief overview of the engineering estimate of cost for the project. He stated that due to the amount of work and the costs, the project may have to be completed in phases rather than all at once. The Committee stated they have done staged projects in the past. J. Citizen Comments. a. Ms. Ortiz made an announcement about the September 27th parade and event that the Center for Domestic Violence will be conducting in Immokalee. K. Next Meeting Date. Joint CRA/MSTU Meeting November 14, 2012 at 8:30 a.m. H. Adjournment. The meeting adjourned at 12:00 a.m. Immokalee CRA 2012IMSTU Master File /Agendas /November 20121 October Minutes 3 161 Addendum to Minutes of October 14, 2012 Immokalee m io tl»1iuee Florida Department of Transportation (FDOT) Q& A FDOT Supplement At the beginning of the regular meeting the FDOT staff introduced themselves: Mr. Richard Arico, Mr. Russ Mueller, and Ms. Trinity Scott were attending. Ms. Thomas: Stated that she would like to see better coordination from FDOT with the Immokalee MSTU on new work orders. She indicated that the community is tired of looking at and seeing all the signs (traffic /pedestrian crossing signs) that have been posted in Immokalee. Question 1 Ms. Thomas asked if Immokalee MSTU could coordinate directly with FDOT, so that Immokalee can do (improvements) what they want to do. She discussed her concern regarding the recent installation of temporary curbing and white stick bollards on Lake Trafford Road. Response 1 Ms. Scott responded by indicating that Lake Trafford is a County road and did not involve FDOT. Question 2 Ms. Thomas asked if the MSTU needed to coordinate with the County on funding the Main Street Improvements project, more specifically, the bulb out and curbing design. Response 2 Ms. Scott responded "yes ", adding that FDOT has already entered into a Joint Participation Agreement with the County to pay for the removal of curb and white sticks. Ms. Thomas stated that she would also like to see lighted crosswalks (motion activated) in Immokalee. Ms. Scott responded by saying that the product is now included on FDOT's "Approved Products List ". She added that Immokalee will still need to follow up with Collier County Metropolitan Planning Organization (MPO) with a request for such a project. Question 3 Ms. Thomas asked about FDOT priorities for funding County projects, specifically for sidewalks and pathways. Response 3 Ms. Scott indicated that FDOT's priorities in Collier County are based on the County's MPO and Pathways Advisory Committee (PAC) determined priorities. She added that FDOT works on a 5 year program schedule. Ms. Thomas expressed that she feels like Immokalee has always received the "leftovers" (funding) from other projects being funded in Coastal Collier. Ms. Scott stated that there has been a lot built in Immokalee (with FDOT funds) and that Immokalee just needs to apply for the funding thru the MPO process. She added that New Market sidewalk is scheduled for FY 14/15 from SR 29 to SR 29A; Escambia Drive from Immokalee to Calle Amistad for FY 13/14; 2 n Street between 1St and 9th Street (south side only) Immokalee CRA 2012IMSTU Master File /Agendas /November 20121 October Minutes 4 FY 13/14; 2 "d Street from Roberts Ave to 2 "d Ave (west side only) for FY 13/14; South 7th Street, 4th Street, 3rd Street, and 2 "d Street from Delaware to Colorado (east side only) for FY 16/17. Question 4 Mr. Deyo inquired about possible sidewalk projects on Colorado Ave. Response 4 Ms. Scott cited an attempted to design sidewalk in that area but that there was an issue with the existing homeowners owning property into the centerline of the roadway and that there was no public ROW to allow a complete sidewalk system to be developed. She further indicated that the MSTU staff needs to be involved in the MPO process and noted that she has been seeing MSTU staff attending those meeting lately. She will send Mr. Nagle the "Pathways Information Sheet ". Ms. Scott announced that the PAC still may have an opening on their Committee for a member and recommended someone from Immokalee apply. Ms. Scott will attempt to find a way to involve the Immokalee MSTU staff in project review process for the Immokalee FDOT projects. For example if FDOT was doing some roadway work on SR 29 the MSTU could ask that they install irrigation sleeving for future connections under the roadway. Mr. Nagle discussed the difficulty he has had with obtaining the General Use Permit from FDOT for the temporary installation of Holiday Decoration on SR 29 (Main Street) street lights. Ms. Scott stated that permit activities are health, safety, welfare issues and that FDOT must put everyone thru the same process. Unfortunately, she will not be able to offer any relief from the process. Question 5 Mr. Nagle asked about the status of the recent signage activity in the medians of Main Street in downtown. Response 5 Ms. Scott confirmed that the signs were changed due to a change in regulations requiring a "Stop Bar" sign at the crossings. Question 6 Ms. Ortiz asked where she could get crash data for Immokalee, typically it is only provided for all of SR 29. Response 6 Ms. Scott offered to provide crash data and email it to Mr. Nagle. Question 7 Mr. Mueller asked the Committee if there was any enforcement in town for improper pedestrian crossing activity. Response 7 Ms. Phillippi suggested that in some instances, police are citing motorist. She added that the demographic in Immokalee has changed over the past few years, i.e., fewer farmworkers have come to Immokalee and over 2 million tourist go to the Casino. Immokalee CRA 2012IMSTU Master File /Agendas /November 20121 October Minutes 5 mm�k� Question 8 Ms. Garcia asked if there were any FDOT projects planned for South 91h Street. Response 8 Mr. Mueller reiterated that 9th Street is a County road and not under FDOT jurisdiction. Question 9 Ms. Garcia then asked about plans for a traffic light at SR 29 and New Market Road. Response 9 Ms. Scott cited studies and findings that indicated there is not enough traffic at that intersection to justify changing the existing blinking light to a traffic signal. She added that another study is scheduled that will utilize a person counting the number of different turning movements made at the intersection. She added that "traffic hoses" used for counting are for counts and speed only. Question 10 Ms. Thomas asked what is happening with the damaged blue signal arm at 1St and Main. Are there any plans to remove it? Response 10 Ms. Scott did not know the answer but will investigate the incident. Question 11 Ms. Phillippi inquired about the possibly having FDOT relocate 2 existing control cabinets for the signal pole at 1St Street and Main and 9th and Main. She further described the future project, 1st Street Zocolo that is planned for the area. Response 11 Mr. Arico said that FDOT would move it if it is not on the ROW and discussed his findings during the Main Street Improvements project to be a lack of easement title for FDOT signals in that area. He added that Ms. Phillippi could just make the request for the relocation. Ms. Phillippi suggested to the Committee that it might be worthwhile to invite Mr. Casalanguida or one of his staff to attend an Immokalee MSTU meeting every 6 months to provide status updates for the Committee. Ms. Scott informed the Committee that Acme Barricades is the contractor doing the new crosswalk sign work and that Mr. Matt Weaver was the contact person for the company for further discussion regarding workmanship and final cleanup. Ms. Thomas invited FDOT staff to attend the Immokalee MSTU regular meeting every 6 months to provide updates and discuss future items. Ms. Scott agreed to place the next April MSTU regular meeting on her calendar. End Discussion. Immokalee CRA 2012 /MSTU Master File /Agendas /November 20121 October Minutes 6 A10 Collier County Community Redevelopment Agency IMMOKALEE i the place to Call Home I Certification of Minutes Approval Form Coin- munity Agency 16 BY: ....................... Approved by: Michael "Mike" Facundo, Chairman These Minutes for the August 15, 2012 BZDA Meeting, the Minutes for the September 19, 2012 CRA Advisory Board Meeting were approved by the CRA Advisory Board/EZDA on October 17, 2012 as presented. * The next joint Advisory Board/EZDA mecting will be held November 14, 2012 at 8:30A.M. at the Immokalee Community Redevelopment Agency office located at 1320 North 15t" Street, Immokalee, Fl 34142. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at Southwest Florida Works located at 750 South 5`l' Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239.867 -4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalce Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Fiala Y'/ Hiller YtT' Henning Coyle Coletta- Misc. Corres: Date:_ %`,%ik3 Item :,:� ies to: LA11 Collier County Community Redevelopmeni Agency 1612 IMMOK LEE CRA Enclosure 1 A i The Place to Gall Hame MINUTES State Enterprise Zone Development Agency — August 15, 2012 A. Call to Order. The meeting was called to order by Mike Facundo, Chairman at 10:25 a.m. B. Roll Call and Announcement of a Quorum. EZDA Members Present: Dan Rosario, Mike Facundo, Ski Olesky, Jeffery Randall, Robert Halman, Floyd Crews, James Wall, Christina Perez, Eva Deyo,and Carrie Williams. EZDA Members Absent/Excused: Angel Madera and Julio Estremera. Action: A quorum was announced as being present. Others Present: Steve Hart, John Lundin, Magda Ayala, Ruben Garza, Jonathan and Fermin Almanea. Staff. Penny Phillippi, Brad Muckel, Marie Capita, Rosemary Dillon, and Jeffrey Nagle. C. Adoption of Agenda. Action: Mr. Olesky made a motion to adopt the Agenda, Mr. Randall seconded the motion and it passed by unanimous vote. D. Consent Agenda. a. Approval of Minutes. i. EZDA Meeting — July 18, 2012 ii. EZDA Quarterly Report (Mr. Muckel briefly reviewed the report) Action: Mr. Olesky made a motion to approve the Consent Agenda, Mr. Randall seconded the motion and the Consent Agenda was approved by unanimous vote. E. Old Business. F. New Business. G. Citizen Comments. H. Next Meeting. September 19, 2012 at 8:30 a.m. I. Adjournment. The meeting adjourned at 10:30 a.m. CRA Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Georgia Hiller State Enterprise Zone Development Agency Board (EZDA) Michael Facundo Chairman Edward "Ski" Olesky Jeffrey Randall Robert Halman Ex- officio Julio Estremera Floyd Crews James Wall Eva Deyo Cristina Perez Carrie Williams Daniel Rosario Angel Madera CRA Staff Penny Phillippi Executive Director Bradley Muckel CRA Project Manager Christie Betancourt CRA Administrative Assistant Jeffrey Nagle MSTU Project Manager Marie Capita IBDC Manager WIW County Community Redevelopment Agency IMMU"KALEE CRA All iftftcetoWli-lomel 1612 EZONE MEETING AGENDA State Enterprise Zone Development Agency Southwest Florida Works 750 South Fifth Street Immokalee, FL 34142 (239) 658 -3300 October 17, 2012 - 9:30 to 9:45 AM A. Call to Order. B. Roll Call and Announcement of Quorum. C. Adoption of Agenda. D. Consent Agenda. a. Approval of Minutes. i. EZDA Meeting: August 15, 2012 (Enclosure 1) E. Old Business. F. New Business. G. Citizen Comments. H. Next Meeting. November 14, 2012 at 9:30 A.M. L Adjournment. 1 Collier County Community Redevelopment Agency IMMOKALEE CRA i The rice to Colt Home! 1612 A11, CRA Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Georgia Hiller CRA Advisory Board Joint Meeting of the Community Redevelopment Agency Advisory Committee, Enterprise Zone Agency, and the Immokalee Lighting and Beautification MSTU Southwest Florida Works 750 South Fifth Street Immokalee, FL 34142 (239) 658 -3300 November 14, 2012 - 8:30 A.M. A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Announcements. a. BCC Agenda items E. Adoption of A eg nda. F. Communications. Michael Facundo Chairman a. Public Notices G. Consent A eg nda. Edward "Ski" Olesky a. Approval of Minutes. Jeffrey Randall Robert Halman i. CRA Advisory Committee Meeting October 17, 2012 (Enclosure 1) Ex- officio ii. MSTU Meeting October 24, 2012 (Enclosure 2) Julio Estremera Floyd Crews iii. EZDA Meeting ber 17 2012 Enclosure 3 g cto (Enclosure James Wall H. New Business. Eva Deyo a. First Street Plaza — David Corban, Architect Carrie Williams Rosario Daniel Rosario Rs Cypress b. Basin — Phil Flood Executive Director Angel Madera c. Renewable Energy — Edward Dumphy, CEO Cristina Perez I. Old Business. MSTU Advisory a. Project Managers' Reports Committee i. CRA Project Manager Cherryle Thomas 1. Stormwater Master Plan Chair 2. Crosswalk Grant 3. EZDA Annual Report (Enclosure 4) Lucy Ortiz William Deyo ii. IBDC Manager Andrea xalman 1. Monthly Report (Enclosure 5) Norma Garcia iii. MSTU Reports 1. Budget Report (Enclosure 6, 7, 8) CRA Staff 2. Project Manager Penny Phillippi a. Main Street Improvements Executive Director b. Street Lighting Report i. Holiday Decorations Bradley Muckel CRA Project Manager 3. Contractor Reports a. Maintenance Report — CLM (Enclosure 9) Christie Betancourt b. Landscape Architect Report CRA Administrative Assistant b. Code Enforcement — Highlights J. Citizen Comments. Jeffrey Nagle MSTU Project Manager �' g K. Next Meeting Date CRA & EZDA Meeting December 19 2012 at 8:30 A.M. L. Adjournment. Marie Capita IBDC Manager * The next Advisory Board/EZDA Board meeting will be held December 19, 2012, at 8:30 A.M. at Southwest Florida Works located at 750 South Fifth Street in Immokalee. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please contact Christie Betancourt, Administrative Assistant, at 239.867.4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt at least 48 hours before the meeting. The public should be advised that members of the CRA Advisory Board are also members of other Boards and Committees, including, but not limited to: EZDA and the Immokalee Fire Commission. In this regard, matters coming before the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Collier County Community Redevelopment Agency IMMOKALEE R i The Ploce to Call Home l Certification of Minutes Approval Form racy 16 12 A124 BY..................... Approved by: I L—Jf Michael "Mike" Faeundo, Chairman These Minutes for the August 15, 2012 EZDA Meeting, the Minutes for the September 19, 2012 CRA Advisory Board Meeting were approved by the CRA Advisory Board/E ZDA on October 17, 2012 as presented. * The next joint Advisory Board/EZDA meeting will be held November 14, 2012 at 8:30A.M. at the Immokalee Community Redevelopment Agency office located at 1320 North 15t1' Street, Immokalee, F134142. ** There is no scheduled -IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at Southwest Florida Works located at 750 South 5 °i Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239 -867 -4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant; at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Inunokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Fiala Fuller Henning Coyle Colette Misc. Corres: Date: �k *k3 k� Item #: �Q-X -2. W Copies to: Collier County Community Redevelopment Agcy IMMOKA .EE CRA E The Pioce to Coll Home 1 MINUTES Immokalee Local Redevelopment Agency September 19, 2012 Call to Order. The meeting was called to order by Mike Facundo, Chair at 840 a.m. Enclosure 2 A Court Recorder was present to record verbatim minutes; a videotographer also recorded the meeting. Minutes and DVD are available upon request. Next Meeting Date. Regular Meeting October 17, 2012 at 8:30 A.M. Adjournment. The meeting was adjourned at 11:43 a.m. 1 Collier County Communily Redevelopment Agency MOKALEE R i The Pioce to Coll Home 1612 Al2 CRA Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Georgia Hiller CRA Advisory Board Regular Meeting of the Community Redevelopment Agency Advisory Committee Southwest Florida Works 750 South Fifth Street Immokalee FL 34142 (239) 658 -3300 October 17, 2012 - 8:30 A.M. A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Announcements. a. NBIA — Post Approval b. FEFC E. Adoption of A eg nda. F. Communications. Michael Facundo a. Public Notices Chairman b. Articles Edward "Ski" olesky G. Consent Agenda. Jeffrey Randall a. Approval of Minutes. i. CRA Advisory Committee Meeting September 19, 2012 (Enclosure 1 & 2)) Robert Halman H. Old Business. Ex- officio a. Project Managers' Reports Julio Estremera i. CRA Project Manager (Enclosure 3) 1. Stormwater Master Plan Floyd crews a. SFWMD Big Cypress Basin — Q &A James wall 2. Crosswalk Grant Eva Deyo 3. CRA Fagade Improvement Program ii. IBDC Manager Carrie Williams 1. IBDC Policies & Procedures (Enclosure 4) Daniel Rosario 2. IBDC Grant Close Out Report (Enclosure 5) 3. Monthly Report (Enclosure 6) Angel Madera iii. MSTU Project Manager (Enclosure 7) Cristina Perez 1. Carson Road Sidewalk 2. Downtown Site Line Project CRA staff 3. Christmas Decorations Penny Phillippi a. Angels /Garland Executive Director b. Code Enforcement — Highlights Bradley Muckel 1. New Business. CRA Project Manager a. First Street Plaza Christie Betancourt b. Executive Director Self - Evaluation (Enclosure 8) CRA Administrative c. Evaluation Form (Enclosure 9) Assistant J. Citizen Comments. Jeffrey Nagle K. Next Meeting Date. Regular Meeting November 14, 2012 at 8:30 A.M. MSTU Project Manager L. Adjournment. Marie Capita IBDC Manager * The next Advisor Board/EZDA Board meeting will be held November 14, 2012, at 8:30 A.M. at Southwest Florida Works y g located at 750 South Fifth Street in Immokalee. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please contact Christie Betancourt, Administrative Assistant, at 239.867.4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt at least 48 hours before the meeting. The public should be advised that members of the CRA Advisory Board are also members of other Boards and Committees, including, but not limited to: EZDA and the Immokalee Fire Commission. In this regard, matters coming before the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMUNITY REDEVELOPMENT AGENCY ADVISORY COMMITTEE held at SOUTHWEST FLORIDA WORKS 750 South Fifth Street Immokalee, Florida 34142 DATE: September 19, 2012 TIME: 8:30 a.m. ADVISORY BOARD MEMBERS: MICHAEL FACUNDO, Chairman FLOYD CREWS, SW Florida Service & Supply EVA DEYO, Immokalee Water & Sewer JULIO ESTREMERA, Florida Gulf Coast University ANGEL MADERA, Main Street Cafe CARRIE WILLIAMS, Williams Farms ROBERT HALMAN, University Extension Service EDWARD "Ski" OLESKY, Lake Trafford Marina JAMES WALL, SWF Workforce Development Board JEFFREY RANDALL STAFF MEMBERS: PENNY PHILLIPPI, Immokalee CPA JEFFREY NAGLE, Project Manager, MSTU BRAD MUCKEL, Immokalee CRA CHRISTIE BETANCOURT, Immokalee CPA ALSO PRESENT: COMMISSIONER JAMES COLETTA, JR. I'Ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 I{ Al2 ' CHAIRMAN FACUNDO: I'm calling this meeting to order. Can we get a roll call and announcements? I guess we'll start with -- MS. PHILLIPPI: Mike Facundo. CHAIRMAN FACUNDO: Here. MS. PHILLIPPI: Floyd Crews. MR. CREWS: Here. MS. PHILLIPPI: Jim Wall. MR. WALL: Here. MS. PHILLIPPI: Eva Deyo. MS. DEYO: Here. MS. PHILLIPPI: Julio Estremera. MR. ESTREMERA: Here. MS. PHILLIPPI: Jeff Randall. MR. RANDALL: Here. MS. PHILLIPPI: Carrie Williams. MS. WILLIAMS: Here. MS. PHILLIPPI: Ski Olesky. MR. OLESKY: Here. MS. PHILLIPPI: Robert Halman. MR. HALMAN: Here. MS. PHILLIPPI: Dan Rosario is absent. Angel Madera. We have a quorum. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 1�12 MR. CREWS: Couldn't find my sign. MS. BETANCOURT: You're right where I had you. MS. PHILLIPPI: Right. CHAIRMAN FACUNDO: And there are announcements. And I guess Mike -- see if he wants to get there. Got the introduction. MS. PHILLIPPI: We're going to adopt the agenda. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: Okay. We have changes to the agenda for this morning. Item F, Old Business under the first project manager, the South Florida Water Management District Big Cypress Basin. We asked him to postpone his Q and A over here until October. So, if we could take that -- remove that from the agenda. We also want to announce that on September 26th, you know, this board requested that the MSTU lead in -- in conjunction with the CRA, and on the 26th they're going to be here in this room at 10:00 o'clock in the morning. Oh, the next room. But in this building, right, at 10:00 a.m., so we can have our joint I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meeting that morning with those folks. So, I wanted to insert that announcement. CHAIRMAN FACUNDO: Okay. Can I get a motion -- can I get a Motion to Adopt the changes? MR. RANDALL: So moved. MR. OLESKY: Second. CHAIRMAN FACUNDO: Any discussion? All in favor? (A chorus of ayes.) CHAIRMAN FACUNDO: Any opposed? (No response.) CHAIRMAN FACUNDO: All right. The next item, the Immokalee Area Master Plan. MS. PHILLIPPI: I'm going to get up and talk about this. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: I'm going to go up front so everyone can see here. Hopefully you can all hear me. As you know, last Tuesday, the Board of County Commissioners considered in a public hearing the Immokalee Area Master Plan for approval, and the motion was made to address the eight changes that Commissioner Henning had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 62 Al2 suggested to the Master Plan. And then Commissioner Coletta made the motion to take it back to the Advisory Committee and to get an action from this committee on those eight items. So, what we would like to do -- I know there's people who came here this morning and have to get back to work, so I'm going to go over those eight items, and then we're going to ask our speakers to come up and speak, and then we'll let our speakers leave so they don't have to, you know, miss work today. And then afterwards, we'll talk about the items one by one and vote on them, hopefully, and have some suggestions to take back to the Board of County Commissioners. So, I gave everybody one of these, the list of the eight. So, the first one is this area on this -- on the Proposed Future Land Use Map, this area here that show the slash marks in gray, and it's marked IMU, which is Industrial Mixed Use. And Commissioner Henning suggested that that be removed from the Future Land Use Map, so that would put this area back to low residential. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16`� As you recall, as we were developing the Master Plan, the County Planner suggested that we have a buffer between residential and commercial, between the industrial and the residential /commercials. So, that's why that was there in the first place. That was the first change that Commissioner Henning suggested. The second change was -- is this area with the red dots around it with the Future Land Use Map. This is 103 acres. The Airport Authority had initially came to this committee and asked us to insert those 103 acres because they wanted to purchase them to extend the runway so they could get cargo planes and those sorts of things in here. So, this 103 acres, we -- they asked us to put into our Comp Plan Amendment so they wouldn't have to spend money to do a Comp Plan Amendment when they get ready to buy that land. So, that's number two. Commissioner Henning has asked that that be removed from the Future Land Use Map. The third one is this area in gray. That's also IMU without the slash marks. You see it from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161'2 Al2 way down by New Market -- I mean, New Harvest Road all the way up to the end of Alachua Street and the way around. So, if you want to look at that more closely later, you can. And what they've asked us, to leave it at its existing designation, which is Commercial (sic) Center Industrial, so that designation, CCI, was completely removed from the Master Plan. So, they're asking that that stay in the Master Plan. So, just reading it quickly from the current Master Plan, the Commerce Center Industrial District, the purpose of this designation is to create a major activity center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area. The Industrial District shall function as an employment center and shall encourage industrial and commercial uses as described in the Land Development Code for the Cl through C5, Industrial and Business Park Zoning Districts. Higher intensity commercial uses, including packing houses, industrial fabrication operation and warehouses shall be permitted in this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 district. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales and structures, which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted. So -- so, that's what this would change to, at Commissioner Henning's request, to -- to Commerce Center Industrial. Then we move on to Item Number 4, and as you know, during the process of our public meetings, Mr. Davenport, who is a local businessman in Immokalee, suggested certain language be changed in Policy 6.1.7. And, so, what you see before you is the existing policy, first with Mr. Davenport's strike - through and underlined, and then an underlined sentence, which was inserted by Bob Mulhere on Tuesday, or suggested, at least. So, if you look at 6.1.7, recall that the Advisory Committee has a recommendation on the table recommending that that policy be completely stricken from the current -- the Proposed Master Plan. e �i�Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 ;Al2 So, it doesn't change until we get to B, which is on your Page 2 at the top, existing mobile home parks, as of the effective date of this policy, are allowed in all of the Immokalee Urban Area. That's what it would change to. And then C is struck in its entirety and added is nonconforming mobile home parks, which is the new C. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks and that were in essence -- I'm sorry -- were in existence before November 13th, 1991. No Site Plan revision or agreement will be necessary between Collier County and the property owner. And, again, we'll discuss these in detail once the public speakers have finished speaking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16f<<O Then to that Bob Mulhere added, this will be accomplished through an updated Mobile Home Site Improvement Plan Process, which is set forth in the Land Development Code, and which will remain in effect for a period of not less than three years. So, that is the fourth one that Commissioner Henning suggested. The fifth one is to put Farm Worker Labor Camps as an allowable use in the Commercial District by adding existing Policy 1.5.2 to the proposed 6.1.4. So, I put on here both of those two policies for you so you can see them, meaning, transient housing or migrant labor camps, and their definition, may be developed in areas designated for commercial land uses on the Immokalee Future Land Use Map. Such housing must meet the code, which is updated at this point. There's a new code, which you'll see in the 6.1.4, so some that of language in 1.5.2 would have to be updated in any case. So, in other words, any -- anywhere in the downtown district, farm labor camps would be allowed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 >>Al2 Number 6 on the list is to place a cap on nonresidential density and intensity at seven million. The density and the Commercial Mixed Use District to the same as current. And we're referencing proposed Policy 6.1.10, nonresidential development. You'll see there, it says nonresidential development in the urban area will be limited to no more than 8.5 million feet through the 2025 Planning Horizon. So, he's requesting that that be changed to seven million. It's currently five, is my understanding. Number 7, Commissioner Henning asked for a hurricane policy because State Road 29 is a designated hurricane route. So, the suggested new policy would be, there would be no change in State Road 29 in the Immokalee Urban Area that will result in a reduction of capacity until an alternative route and funding for said route are identified. State Road 29 shall remain subject to concurrency until said route and funding are available. So, that would be a brand new policy. The last one, Number 8, remove or modify 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 11 �2 Policy 4.2.2 and 4.2.3 in the long -range transportation plan improvements, and I've written that out for you as well. Basically, the -- the three suggestions that we had to investigate would be stricken, both 4.2.2 and 4.2.3, and support to the airport bypass of Highway 29 Bypass Route would be stricken as well. Those are the eight items that we will be looking at a little bit later, as soon as the public speakers are done, so we can let them go back to work. Okay. So, Christie, do you want to call the first speaker up? MS. BETANCOURT: Magda Ayala. MR. CREWS: Do people on this board have to sign up as a public speaker? MS. PHILLIPPI: Of course. MR. CREWS: If we're the speaker, we've got to sign up. MS. PHILLIPPI: You can speak after the public speakers. MR. CREWS: That's all right. Go ahead. MS. PHILLIPPI: Sorry. That's okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1V 1 G ,p12 MS. AYALA: When I voted -- THE COURT REPORTER: Ma'am, could you state your name and -- MS. AYALA: Okay. My name is Magda Ayala and I am a lifelong resident of Immokalee. When I voted, I voted for all this -- all this change is what I voted for, and I don't think you should, as an Advisory Board, take what I voted on and say, oh, no, that's not good enough. You know, you voted for this but you can't have that. We want Immokalee to change. You're saying, okay, we want this, no, take it out, put it back the way it was, no, take this out, put it back the way it was, leave this mess the way it was, leave this mess the way it was. So, why did we spend all this money to make some changes and now you're saying, oh, no, put it back the way it was? What do you want? Do you want Immokalee to stay as is for how long? I've been here for a long time and have finally seen some kind of change. We get together, the people that live here, to work on this plan. I think it's a good plan to change 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o y • .�Y this place. And commissioners are asking us to -- oh, no, we don't want that, you leave it the way it was. Why? We want change. So, for me, for you, as an Advisory Board, I don't think you should change anything. This is what the people of Immokalee that worked on this plan wanted. Why should you change it? We want more of the same that it was? You spent $500,000 over the course of ten years. You've spent the time and the efforts of a lot of residents have worked on this plan, and now to say, oh, no, just leave it the way it was. Well, who's happy with it the way it was? Well, I'm not. And I don't think, as a board, you should change anything. And I'm here to tell you that I don't think you should change anything. And if you do, then shame on you, too. Thank you. CHAIRMAN FACUNDO: Thank you. MS. BETANCOURT: Randy Johns. MR. JOHNS: Good morning. Randy Johns for the record. As you know, I've been an opponent through this matter when I put in -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161215 Al2 MR. CREWS: Turn the volume up, Randy, because I'm deaf. MR. JOHNS: Ain't nothing to speak here. Sorry. Tom has offered eight suggestions and a compromise to try to move the plan forward. I suggest that you take the compromise that he's offered. This point, this plan has been designed to take people's property rights away from them, a lot of you people don't understand that, but if you take -- some of the people have industrial zoning here. You take it away and give them the IMU, you've restricted their uses. This -- some of the concerns I have is you're going to have CMU down Main Street and that's the evacuation route. Right now you're allowed about 5,000 residential units on that Main Street. If you pass a CMU and put no restrictions on the residents, you're going to have 20,000 on Main Street. You're going to restrict that evacuation route. The -- the C1 through C4 uses that you're allowing also has C3 in there which restricts Cl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 °1 and C2 uses by saying that they have to be used in a neighborhood shopping center setting. This plan doesn't have those neighborhood shopping center settings to be allowed Cl and C2, so you can refer to them. You're also going to have an overlay here that's restricting the C4 uses. That's done by design by some -- by some of the people on the board, but I don't think all of you understand that you're restricting these C4 uses. You also have used the Code Enforcement to take away some of the property rights. And a lot of people in here say that you understand this plan and you know what's in it. If you do, then you know that the case that you guys have against some of the property owners here now, you claim he has industrial zoning, but you forgot to tell him they had CCI. CCI allows him a legal use of what he's doing. But not one of you stood up and said, hey, this guy's got CCI. You just got to press forward to try to put him under, and that ain't right. One of the -- one of the -- one of the largest landowners on Immokalee since I've been involved in this last 18 months, not one time have AlzI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 „r you guys sat down with him and said, hey, you guys have a lot at stake here. What can we do to make this work? Not one of you came forward and say, hey, we'll do this. That ain't right. MR. CREWS: Now, hang on a minute, Randy. I asked you that -- MS. BETANCOURT: Time. MR. CREWS: -- question. MR. JOHNS: I agree. MS. BETANCOURT: It's time. MR. JOHNS: I'll -- I'll give -- I'll give that to you. But if you guys -- if you guys did -- if you guys do really understand it and you guys know that he had this CCI underlay, then why didn't you guys bring it forward and try to resolve this? Not one of you did. MS. BETANCOURT: The next speaker is Jerry Blocker and followed by John Lundin. MR. JOHNS: There's one -- one other thing I would like to say and -- MS. BETANCOURT: Your time is up. Your time is up. MR. JOHNS: -- the false accusations that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161211Al2' Coletta and you all made -- MS. BETANCOURT: Your time is up. MR. JOHNS: -- by the board and put Tom Henning in a bad light, and I'm going to suggest to him that he don't vote on this. MR. BLOCKER: Jerry Blocker for the record. One of the big -- we own a lot of property here. I don't want to restrict Immokalee. I don't want to keep Immokalee the same. Where people come up that I did, that's -- that's just wrong. I want -- I want to be able to prosper. So, if I felt that this plan that we have now, the Immokalee Area Master Plan that is in place now, no one has stepped forward. Our problem that we have in this town is our Land Development Code. The plan we have now, we can still move forward with and what the few suggestions that Tom Henning has put out there is a -- is a move in the right direction. It's not trying to keep Immokalee the same. It's trying to protect property rights. Say people used to say that the Bert Harris claim is coming against the county, things like that. You just can't give -- once you give people 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612,;.. A 1� property rights, you can't take it away from them. And that's what he's trying to prevent, I feel, in -- in this case. I suggest you -- you -- you take a hard look at this. It's -- it's not trying to stop the plan. It's not trying to restrict the plan. It's moving in the right direction. I suggest you take a look at it, approve Tom's suggestions. It's a -- it's a move -- it's a move in the right direction, I feel, and I just hope you consider it. Thank you. MR. LUNDIN: Hi, I'm John Lundin. I was at the Board of County Commissioners' meeting on September 11th when this item -- it failed to pass because it didn't have a second for the motion. And this document that you're all looking at today, it doesn't include the main issue that Commissioner Henning requests, which was a contentious issue that -- that did not allow it to be passed. There is nothing in here about removing the Immokalee Airport Master Plan. That was the issue that stopped us from being passed at a county commissioner meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But this document does not include that issue. So, I'm not -- I have to say, legally, this document is not accurate to what happened at the commission meeting on September 11th. Commissioner Henning specifically -- this is the last thing he requested out of this whole list. Everything else here is very accurate. Commissioner Henning requested and Commissioner Coletta agreed to remove all these items except for -- when Commissioner Henning requested to remove the Immokalee Area Airport Master Plan. Everybody disagreed, and that's what killed -- killed this item at the agenda. So, I have to ask why does this document here not include that item that Commissioner Henning requested because that was the -- the crucial item for the Immokalee Area Master Plan Amendment to pass, that the Airport Master Plan be removed. But this document -- there's only like a small reference to one part of the airport on here. So, I have to tell everybody who wasn't there at the commission meeting, you are being misled by this document. This document does not include the main issue Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612, 1 t,Al2 why it didn't pass. Commissioner Henning specifically requested that the Airport Master Plan be removed. And, so, Penny, I would like to ask you why is it not included in this document? MS. PHILLIPPI: There's no such thing. It doesn't exist. MR. LUNDIN: Then why was that the issue that the commissioners couldn't agree on? MS. PHILLIPPI: It was a -- it was a -- it was a non -issue because there is no Airport Master Plan that's been approved by the board. There's an Airport PUD that's already been approved by the board and we have no control over that. So -- but to say it includes Airport Master Plan is simply not true. MR. LUNDIN: Okay. You were at the meeting. What were they talking about then when -- MS. BETANCOURT: One minute. MR. LUNDIN: -- when Commissioner Henning brought up that issue of the Immokalee Airport -- MS. PHILLIPPI: I think it was clarified. We can go back in the record and look -- MR. LUNDIN: But you remember -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Z2y4 MS. PHILLIPPI: -- but I think that issue was clarified. I -- succinctly. MR. LUNDIN: But that was the reason the plan did not pass. The amendment did not pass because of that one issue. MS. PHILLIPPI: I disagree, but -- MR. LUNDIN: Well, I was just telling everybody, if you weren't at the meeting there, that was the main issue. Commissioner Henning requested that the Immokalee Airport Master Plan be removed and that is not included in this document, so I think you're all being misled. Thank you. MS. BETANCOURT: Bill Deyo, followed by Daniel Gonzalez. MR. DEYO: I'm Bill Deyo. We worked long and hard. I wasn't at all these hearings by the Immokalee Beautification Committee. I know how hard people have worked for this Master Plan, how much money we've spent on it, and to totally gut it because a couple commissioners don't understand, refuse to understand, is totally ridiculous. We voted on this. And to remove 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r 1612 12' this, why? So, some people that own most of Main Street can't lease it to some -- can't lease theirs? And a land developer from Naples is speaking on our CR in our behalf? Why? What's the stake? I just think we ought to go forward as is and not gut it. MS. BETANCOURT: Daniel Gonzalez. MR. GONZALEZ: Good morning. My name is Daniel Gonzalez and I work at Lozano's Restaurant here in Immokalee. The thing is here that's going on with this Master Plan thing is a good idea, but we have a couple of people here that always been fighting this stuff. They know who they are. I want to move forward. Now, maybe that's a bad word here, move forward, but it feel like we're moving backwards here. But, Henning, I mean, he doesn't represent Immokalee as far as I know. I thought the commissioner was Coletta here for the past ten years. So, Henning to come here and say, well, let's move this, move that, he needs to worry about where he's at. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 =4Al2 I want the commissioner that's here now to take care of Immokalee, Master Plan, CRA, all work together, because back then, this used to be a farming town, but everybody knows as a farming town, it's going down. We lost so many farmers here so we can't depend on the farming. Our restaurant used to be booming during the farming season. Now it's a hit and a go here. It's not the same no more. We need to move forward, try to fix up this community. As you know, Estero? Estero used to be a farming town. Now, Estero, it's a booming town all over again because they -- they're working together. The Master Plan, their CRA works good over there. I wish I had a restaurant in Lee County, which I do have one in Lehigh. Lehigh, it's a different town. It's not like Immokalee, but they work together there, too. And it's hard to build something here in Collier County now when there's people fighting each other. I mean, born and raised here, 46 years old. I've been here all my life. I've done a lot of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 t =,Al2 things for this community. And I'm still going to do it. But the stuff that I see every time here is the -- it's the -- it's the power or there's no power here. Whoever's got power here is going to move forward. You know what? It needs to change. It needs to change. I know some of these main streets are owned by one company. The landowner, there's a lot. There's like three big owners here in Immokalee. You know what, sell the land to development. Let's move forward. We would have more stuff here. We -- we don't have no shopping centers here. We don't have nothing here. This Master Plan, I guarantee you, will give us something. It will give me hope. I don't want to move from Immokalee regardless of we're a small town. I was born and raised here. I'm not going to move from here and go start my business somewhere else, keep on moving. You know what, I'm happy here, I'm happy what the commission has done in the past ten years. Unfortunately, I mean, he lost this election. But that's okay. We need to move forward. He's done a lot here and CRA has done a lot, not only 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 . 1 26 for Lozano's but for everybody here. I know that. So, for me to stay here, you know what, let's move forward, leave it the way it is. I know a couple of things that got changed here, but I'm not going to agree with Henning. I'm not going to do any, because he doesn't have this vote here. If Coletta voted no on that, you know what, I voted for Coletta no on that. I'm not going to vote for Henning to come up here and change what he wants to change for Immokalee. That's not his future. This is our future here. MS. BETANCOURT: Time. MR. GONZALEZ: I want us to move forward. MS. BETANCOURT: That's all the speakers. MS. PHILLIPPI: So, any speakers that want to leave are free to go. Did you want to speak, sir? No. MR. RANDALL: All right. Go right to the discussion? MS. PHILLIPPI: I'm sorry. Do you want to take some questions? Jeff wants to speak. CHAIRMAN FACUNDO: Okay. Go ahead, Jeff. MR. RANDALL: Are you trying to get on with the discussion? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 6.2 R12 CHAIRMAN FACUNDO: Yes. Go ahead. MR. RANDALL: The issue that I have, or not the issue -- MR. CREWS: Turn the volume up so I can hear you. I'm long distance. MR. RANDALL: I'll meet you in the middle. MR. CREWS: All right. Let me sit at this table in the middle. MR. RANDALL: You know what? I say it facetiously, but maybe that's what we all have to do is maybe meet in the middle. I agree with everybody here who has spoken in favor of the Master Plan. A lot of work, a lot of time, a lot of effort, a lot of money by a lot of people, and I agree that we should move forward with this Master Plan, but we have to be realistic. We are not going to get this, so we either find some way to compromise, and if we don't, we won't get anything. At least that's my opinion. So, when people say they don't want this and, you know, they want to move forward and -- and Henning, you know, is not commissioner in our district, they're right. You're all right. But he has -- appears to have a controlling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 vote. There's five people on the board. Commissioner Hiller is going to vote no, it appears, no matter what the board says or does. Commissioner Henning has given us some leeway if we want to consider some of the changes that he has suggested. I don't know whether he's going to insist on every change or some of the changes. So, as we discuss this, I just wanted to put that on the table. We're not going to get this Master Plan without making some compromise. CHAIRMAN FACUNDO: I appreciate it, Jeffrey. Esto (phonetic)? MR. NOE: Yes. CHAIRMAN FACUNDO: Oh, we have one more speaker. MR. NOE: My name is Esto Noe. I've been in Immokalee since I was 17 years old. I've seen changes in this town probably a lot of you have never seen. But, yes, I worked on this Immokalee Master Plan and I think it's a good one. Yes, there's things that could be changed about it for the better, but till we actually get into it, see what's going on, we don't really know what needs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161K °`Al2 to be changed. I say go ahead and pass it the way it is. The way I'm looking at it, my personal view, the voters that voted on it said yes. As far as I'm concerned, all five county commissioners are mandated now to pass it. They don't have a choice. We can always go back and amend it later after we see what does need to be amended. Yes, it's got some room it could be improved on, but at least let's get it started. Thank you. CHAIRMAN FACUNDO: Sure. For the -- MR. CREWS: Now it's my time. CHAIRMAN FACUNDO: Yes, sir. MR. CREWS: I'm right back to where I was when I made the motion, Jeffrey, before. Let's just stop and let's go back and look at this Master Plan. The problem we've got, this Master Plan is 12 years old. This is the second Master Plan I have lived through. The first time Coca -Cola was going to come in here and make all kinds of changes in Immokalee. We didn't get nothing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 I bought a piece of property in an industrial park, yet Code Enforcement has come in there and just about totally shut me down, thrown all my equipment away. Is this what's going to happen to these other people that get changed? Tradeport on the outside of this thing was a Collier development where the dark gray is. Why should they be any different out there than the light gray inside? The airport, non - aeronautical park, but the airport PUD was supposed to be synonymous with the industrial park in the Immokalee industrial area. Evidently it's different. And I don't know what this gray part is. Folks, it's a lot easier not to give something away all at one time. When you give something away, you can't take it back. And I think this Master Plan, we're giving too much away and we're not receiving enough. I have argued, trying to get the quadrant of Lake Trafford rights on it, put into the Master Plan. Water basin. I'm trying to think of what its name is. Said it was fine to put it in there. Our consultant said, oh, you have to change 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 31 Al2 this and this and this. But we still need to include that quadrant of Lake Trafford in Lake Trafford. Ski has a business right there. Some day that might be our water supply. What I'm saying is we've got a lot of things that we have left out and we've got a lot of things in there that we don't need and we need to sit down and go back and look at this whole thing over again and fix it. And you all can say what you want to, but whenever you change something and you don't realize what you're changing, and a lot of you all in here that's on this thing had not realized it. The more I look at it, the more I disagree with it. We don't need a bypass road. That will totally kill Immokalee today. We might need one 30 years down the road, but this Master Plan was supposed to have been a 15 or 20 -year life. We've done used up two- thirds of it. I could go on and on about this thing and I'm going to quit right there. But I really think we ought to stop and go back and look at the thing. It's a good plan we have here. We've worked 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on it hard, but we've got some changes that we're going to have to make. Another mass real change that I've been dealing with at the Farm Worker Village is a thing called farm labor. Farm labor needs to be totally taken out of this thing. If we've got farm labor, the stigma of having the farm labor and not just labor, we might not be able to put something uptown. It will be labor and not farm labor. A lot of people don't realize a lot of our labor here is not farm labor. It goes to Naples, it's hotel, restaurant and housecleaning labor, yard- cleaning labor, construction labor. Like I say, we just need to go back and look at it again. I quit. Anybody want to argue with me? Come on, Jeffrey. MR. RANDALL: No, I really don't. MR. CREWS: Me and you. CHAIRMAN FACUNDO: Just go ahead, Jeffrey. MR. RANDALL: I really don't want to argue with you. MR. CREWS: No, no. We're discussing. It isn't arguing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612A1I MR. RANDALL: And I -- I don't disagree, but the problem is unless we do something, we get nothing. MR. CREWS: No. MR. RANDALL: And -- and -- and the only thing we're doing, we're not changing the zoning. All this is, is like a wish list. This is what we want, this is our goal, this is what we want to see. So, if someone comes in and says that, you know, they want to do something consistent with the plan, they would have to change the zoning, if that's necessary, to be consistent with this Master Plan. It just -- it -- it gives them a leg up. It doesn't mean they're going to get the change. It's still subject to approval on recommendations of the Planning Commission and the board. But if we don't do something, we're going to get nothing. So, if we get nothing, are we willing to go back to square one and start over? Start it with something. MR. CREWS: We've got something. MR. RANDALL: We work from there. MR. CREWS: I am -- I'm not saying start 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 316 121- 12 over. I'm saying we just need to go back and look at this thing before we give it all away. MR. RANDALL: Well, the problem is, Floyd, we don't have time. That's the problem. MR. CREWS: We had the time and I'm going to -- MR. RANDALL: So, unless we get an extension from the state, we're dead. MR. CREWS: No, we're not. No, we're not. The original reason for starting this Master Plan was because we had to get a Master Plan done before we could do Land Development Codes. Then on down the road they said, oh, no, no, no. The Master Plan, you haven't got even the Master Plan done. You have development codes, those without doing the Master Plan. So, why do we have to have the Master Plan to start with? MR. RANDALL: I'm going to ask, Penny. I don't know the answer. MS. WILLIAMS: It was because we were working on the Master Plan that they were starting in the process of the Land Development Codes, but once the Master Plan was approved, then we could continue with the Land Develop -- changes on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A,12 Land Development Code. MS. PHILLIPPI: Unfortunately, Fred Thomas isn't here to answer that question, but as I did my research, I noticed that on the air base amendment that the county has to do every so often, there were specific things that needed to be changed per the state, Department of Community Affairs. And as they started looking at those, they became bigger and bigger then. They had to up one and then they wanted the community, I assume, wanted a single overlay instead of all the mini overlays that we have. So, this actually did create a single or would create a single overlay with areas for industry or what industry or commercial or whatever. So, that was really -- this instructions from the Department Affairs and, therefore, from the Commission. MR. CREWS: But the county affairs, Department of Community longer exists. all sprung from of Community Board of County - the community Affairs, no MS. PHILLIPPI: Right. But the Board of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ibizal2 County Commissioners do. MR. CREWS: But they still do. MS. PHILLIPPI: They have to -- MR. CREWS: Like I say, I think we ought to stop and go back and look at this thing. MS. WILLIAMS: I -- I -- MR. CREWS: I ain't going to say nothing else, Carrie. MS. WILLIAMS: No. I just have a question because you keep saying take away. I mean, I've had two separate planning companies look at my properties that I own in Immokalee, our family owns, and what they have told me is that it enlarges my possibilities. It's not taking anything away from me. It's allowing me to do more with my property. MR. CREWS: Yes, it does. MS. WILLIAMS: So, I don't have more choice. So, you keep saying I'm taking -- we're taking something away when my planners are telling me that -- MR. CREWS: In your case -- MS. WILLIAMS: -- it allows me more diversity. MR. CREWS: -- you are on a win -win a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 3_p12 situation. MS. WILLIAMS: Yeah, I've seen with every -- I mean, not just the large piece of property, but my mobile -- mobile home park, which is right over here. It's allowing me, if I want to, at some point go back and -- and change it to Commercial Mixed Use, where I could get rid of the mobile home or I could keep it as mobile home. That's the best -- that's a big thing for me. I mean, that's a big item that I don't have to leave it as a mobile home park. MR. CREWS: I don't -- MS. WILLIAMS: I could change it to commercial mixed use. MR. CREWS: I didn't say that there -- there's nothing wrong with that. I just said we need to stop and go back -- MS. WILLIAMS: You keep saying that -- MR. CREWS: -- and look at this whole thing again. MS. WILLIAMS: -- it's taking away from the people of Immokalee, or the own -- you know, the property owners. And I'm having a problem understanding that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 when it's not doing that for me. I know that it's probably not doing it for other property owners. MR. RANDALL: It's not taking anything -- if we -- if we adopt this Master Plan as is, I'm not saying we -- I think we're going to have to compromise, but for purposes of discussion, we adopt this Master Plan as is, in my opinion, it's not -- she's right. It's not going to change a thing unless you want to go in and -- I mean, right now everybody continued to use their property the way they're using it now, nothing will change. We adopt this Master Plan -- MR. CREWS: I was told that 25, 30 years ago, and look what happened to me. MR. RANDALL: I don't know. What's changed? MR. CREWS: Nothing. I'm still out there in the same spot. There you go. CHAIRMAN FACUNDO: I -- I think -- can I interject here? I think what -- what I saw -- what I understand is Henning brought this to -- you know, made these eight, or whatever it is, suggestions, the recommendations that we -- that we look at and explore. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 „A 12 And I think it will be a healthy exercise if we, as a board, went through each item and we have to cast a vote so that we can move forward because we have, I guess, September 27th is when we meet again? MS. WILLIAMS: Well, the board meets -- CHAIRMAN FACUNDO: It's set sometime this month -- MS. PHILLIPPI: September 25th. CHAIRMAN FACUNDO: -- the 25th. And, so, I would like to see if we could look at each item which he recommended and go through them and, you know, vote on it. Yes, sir. MR. RANDALL: Can I make one last comment, please? CHAIRMAN FACUNDO: Yes, sir. MR. RANDALL: The gentleman that spoke, this gentlemen, he's absolutely right. It was a suggestion that I raised at the board meeting, adopted as is, put a moratorium in place after its adoption, and then work on the outstanding issues. So, he's right. But what I want this gentleman to understand, and maybe everybody else, is the -- this Advisory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Board is just an Advisory Board. It does not make any decisions, other than a recommendation. So, whatever we recommend, it's up to the county to either approve it or reject it. And, so, if this board were to say that we want the Master Plan, it's going to stand the way it was, people of Immokalee want it, send it back to the county board, it's up to them whether they're going to approve it or not. The problem is -- the handwriting is on the wall. They're not going to approve it if we send it back the way it is. I'm not even sure they're going to approve it if we make the changes because I'm not sure they know what they're going to do. MR. LUNDIN: I agree with you there, but I believe there's some county commissioners, if we did away with it right now, would still vote against it, because they don't want it to go in because they're going to have a little less say SO. My part is that vote, as far as I'm concerned, my personal opinion, it mandated the county commissioners to approve this. MR. RANDALL: It doesn't. MR. LUNDIN: They should be and morally. 11Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 `1Al2 MR. RANDALL: They don't talk morals with me, John (inaudible). THE COURT REPORTER: I'm sorry. MR. LUNDIN: (Inaudible). I'm not being funny. MR. RANDALL: They follow whatever the regulations say and they have the right to accept or reject it. CHAIRMAN FACUNDO: Exactly. Can we -- one -- one last -- MR. CREWS: I've two things and I'm going to quit after you. CHAIRMAN FACUNDO: Okay. We -- we want on this -- MS. WILLIAMS: I just want to comment on -- kind of follow up on his comment, that I feel like we're kind of at a disadvantage, too. I just got this this morning. I didn't get it in my e -mail until 10:30 last night. You know, Henning hasn't had an opportunity -- an opportunity to -- even the people that have objections or these changes, we've had it over years, more, ten years. I know I've been in here for what, two years, working on this. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 162 4. f.m I agree with Jeffrey, that maybe approving it with a moratorium so we can all sit down at the table. I know there's got to be a compromise, but right now we're at a disadvantage. Number one, we don't have our planner here. I'd like to hear his input on some of the changes and what effect it's going to have before we go, yeah, let's do it. And to -- to go over these and say -- like you said, I think even if we changed them, there's going to be something at that meeting that's not going to fly, so -- MR. LUNDIN: Can we get a motion on that? CHAIRMAN FACUNDO: Well -- MR. CREWS: Well, just -- just hang on. MS. PHILLIPPI: They really need to -- they really instructed this Advisory Committee to look at each one of these items and vote on them in an emergency meeting. We didn't call it an emergency meeting because we have this regularly scheduled meeting. So, I mean, all the discussion is great, but it doesn't mean anything at the end of the day. We have to vote on these items and tell them. Do you want this or not? It's that simple. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 43 MR. RANDALL: Can I ask Commissioner Coletta a question? MS. PHILLIPPI: Yes. MR. RANDALL: Okay. Based on your history, Commissioner Coletta, and your experience with the board, do you think that they would entertain a recommendation by the CRA that they adopt the plan as is and then impose a moratorium so all these issues that are raised can be discussed? COMMISSIONER COLETTA: You know, that -- that's -- that's an interesting concept. You know if -- it would possibly be a fallback. You do have some -- the issues though of what's right here, presented here today, which you got to consider -- and the reason I'm here today is to just listen to what you have to say. At the end of the day, whatever you decide is what I'm going to back. It's that simple. It's not my plans. It's the Collier County Commissioners' Plan. It's your plan. Okay? So, at the end of the day, you do what you think is right. You give some room for negotiations and use that room. If you want to stay firm, I'll support you on that. If you want to accept it just as Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 412 Commissioner Henning proposed, I'll put that forward, too. And it's your call. You're a community. You have to make that decision. Now, when I said this numerous other times to decide what's come up before you before, it's not my plan. I'll support whatever you come up with. MR. RANDALL: Thank you. COMMISSIONER COLETTA: Thank you. MR. CREWS: I'm going to give you one more example. If you read down through this thing, somewhere it says in the industrial park that all the packing has to be done in a totally enclosed building. Remember that, Brad? That shouldn't be in there. MS. PHILLIPPI: But that's current. That's in existence. That is current. That's not -- that's current. That's not proposed. That's already -- MR. CREWS: Well -- MS. PHILLIPPI: -- in existence. MR. CREWS: -- what I'm saying, these are the things we ought to straighten out before we go 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 frontwards. MS. WILLIAMS: She's saying it's already in place right now with the Master Plan you've got in place right now. I mean, we're not changing anything. That's what -- MR. CREWS: That's just one. That's the point I'm pointing. There's things that we need to back off and change. Now, Mr. Coletta, I had got -- this is the last thing I'm going to deal with and shut up. MS. PHILLIPPI: That's what you said before. MR. CREWS: I'm good at that. If this thing does not pass, how can we bring it back to light and how long does it take and what is involved in just amending with the -- what we want to change on top of the old Master Plan, which would be almost exactly what we're trying to pass here? COMMISSIONER COLETTA: Well, yeah. I'm glad you brought that up. And what I'm going to say is personally -- personal opinion. MR. CREWS: It's a loaded question. You know that. COMMISSIONER COLETTA: No, no. It's -- it's Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ��z12 �. loaded. But you're asking for a personal opinion and I don't mind giving it. I give it all the time. Most of the time people don't listen. Thank you very much for asking. I -- I do think that if it does -- if it fails, you'd be best off to walk away from it for a number of years. I wouldn't begin the whole process again and spend the money and just keep this community at edge for a long period of time. I would just let this all go away, go about your lives, and as things settle down and it becomes -- the community becomes a little bit used to what's taking place, then approach it again. All the ideas could be brought forward again. The sad part about it is, is that this was a great plan, and all of a sudden it became a bad plan. MR. CREWS: No, it's not a bad plan. COMMISSIONER COLETTA: No, it's not a bad plan at all. But, you know, you're just talking about in generality a hearing when this comes before us. It's -- it's -- but it's your call. But I would say that if it doesn't pass, rather than try to bring it back, just let it go. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 MR. CREWS: Well, the time element is what's got us right now. The biggest thing is the time. COMMISSIONER COLETTA: The time element has been eight years. MR. CREWS: Well, I realize that. And I've been up this -- I made a motion to look at it before, but let's don't talk about that. COMMISSIONER COLETTA: Okay. MR. CREWS: Now, it's easier to amend these things; correct? COMMISSIONER COLETTA: No. They can be amended several times during the year. MR. CREWS: So, we could go back and put everything we solve with an amendment on the old and do it right through the next two months from now. MR. WALL: Could I -- Mr. Chair, could I suggest we either adopt it, make a motion to adopt it -- CHAIRMAN FACUNDO: The whole thing -- MR. WALL: -- with a referendum or let's go through these -- CHAIRMAN FACUNDO: I don't think we need them. MS. PHILLIPPI: We've already done that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN FACUNDO: No. We just have to go through, you know, item for item and discuss it. MR. WALL: Let's do number one. CHAIRMAN FACUNDO: So, we're not here five hours. I guess -- do you want to start, Penny, and we'll start with number one? MS. PHILLIPPI: Well, the first item is that area on the Future Land Use Map labeled Industrial Mixed Use with the slash marks, and the first motion would be to support removal of that section from the Future Land Use Map. MR. RANDALL: What's the downside, if any? MS. PHILLIPPI: The reason that it was put there was a buffer between low residential and industrial. How long is that going to take to become residential out there? So, the downside is -- is, if the -- if the industrial area makes a lot of noise, and I don't think it's going to impact anybody out there in the low residential. And, remember, this was put in place for 20 years in the future. So, 20 years in the future, we have plenty of time to add it back in if that's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 something you want to do, but -- MR. RANDALL: I mean, is it absolutely -- I mean, I understand why you want to buffer -- it would be a great idea, between the industrial and the residential, but if we don't have it, so we don't have it. I mean, you're right. We can put it back in later or we can request to put it back in. MS. PHILLIPPI: But if our airport becomes the large industrial site, then it will be required at some point in time -- MR. RANDALL: Okay. MS. PHILLIPPI: -- simply because environmental justice will demand it. MR. RANDALL: Right. So, we're -- so, we're not going to really lose anything by taking it out. Do you think -- MS. WILLIAMS: Well, we're looking towards developing the airport in the future. I mean, if they're going out there and looking for businesses to come into the airport, it looks a lot better that we've already got things in place for change, than saying we've got to go back and -- and let us go fix it now. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12; 1 We've already -- we're looking -- MR. CREWS: It's also a limiting factor. MS. WILLIAMS: We're saying, here it is, it's already in place. MS. PHILLIPPI: I think what a lot of people don't -- MR. CREWS: If we could change it later. MS. WILLIAMS: Excuse me? MR. CREWS: Change it later. MS. PHILLIPPI: People don't understand. I think one thing people don't really understand is that -- is if you go to the FAA right now and you say, we want some money to extend our airport, we want to have cargo coming in, we want to be part of an inland port, we want a piece of that action that's overwhelming Miami, FAA is going to say, okay, so as a region, have you got concerted plans in place for needed plans such as RSLA, R -- Rural Land Stewardship Plan? Is that adopted or is that in place? Do you have a Master Plan? Is your airport zoned and ready for the delivery of this kind of heavy industrial flights and business? And we can't say yes. Hendry County can say yes to FDOT's Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612A112 long -range plan. They're ready to extend their runways. They're ready to put in more rail. They're ready to widen their loads -- roads because, as someone said, they worked together to come up with the plans to be prepared for the future. We're not. We don't have our RSLA plan, we don't have a new coordinated Master Plan ready to move forward and we don't have an Airport Master Plan that's been approved by the board. So, we're not ready for the future right now. This is definite. Now, this is just me talking. This is my personal opinion. MR. RANDALL: But that industrial area or the area that you're going to use as the transition zone, that's not -- as far as the FAA is -- MS. PHILLIPPI: It's not going to -- MR. RANDALL: -- concerned -- MS. PHILLIPPI: -- build the world, right. MR. RANDALL: -- that's not going to make any difference to them one way or the other. CHAIRMAN FACUNDO: Well, it just makes the -- I guess leaving it in there, it allows provision -- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PHILLIPPI: It just strengthens -- CHAIRMAN FACUNDO: -- to be -- MS. PHILLIPPI: -- the plan. That's all -- CHAIRMAN FACUNDO: -- for a future develop -- MR. RANDALL: If he's out there, if we -- CHAIRMAN FACUNDO: But it's not -- MR. RANDALL: -- as necessary -- MS. PHILLIPPI: So, is that your motion? CHAIRMAN FACUNDO: -- it's not going to -- it's not going to hurt it -- MR. RANDALL: I'd like to make a motion. CHAIRMAN FACUNDO: -- if we look at it later. Do you want to make a motion? MR. RANDALL: Yes. CHAIRMAN FACUNDO: So, what's your motion? MR. RANDALL: I make a motion to remove -- or to follow the language suggested by Commissioner Henning to remove that area zoned -- CHAIRMAN FACUNDO: That L- shaped -- MR. RANDALL: -- that L -zoned area -- CHAIRMAN FACUNDO: Okay. MR. RANDALL: -- number one. CHAIRMAN FACUNDO: Can I get -- can I get a second? MR. WALL: Second. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612'A152 4 MR. ESTREMERA: Second. CHAIRMAN FACUNDO: Julio. Any discussion? MR. CREWS: Yes. I want to know the difference between the light gray and the dark gray and why we have a difference. MS. PHILLIPPI: I think that if you look at it, the slash marks allow -- MR. CREWS: No, no, no. That's the slash marks. We done removed that. That's in the string. CHAIRMAN FACUNDO: MS. PHILLIPPI: We CHAIRMAN FACUNDO: That's in the vote. MR. CREWS: I want between the gray -- MR. RANDALL: The gray. No. haven't voted on that. We haven't voted on that. to know the difference lifference between the MR. CREWS: -- and the dark there. MR. RANDALL: I'm color blind. Can you point it out? I'm very serious. MS. PHILLIPPI: Okay. MR. RANDALL: Can you point the difference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1,2 �j,2' between the light gray and the -- CHAIRMAN FACUNDO: But now we're shifting to someone different. MS. PHILLIPPI: The light gray is all this. It's all industrial -- MR. CREWS: I understand that, Miss Penny. MS. PHILLIPPI: This is a commercial -- MR. CREWS: But I want to know the difference between that dark gray and the light gray. MS. WILLIAMS: Is that an approved PUD, the dark gray? MS. PHILLIPPI: This is an approved PUD, this purple thing. MS. WILLIAMS: What about the dark gray below it? Is that the one that's Collier -- MS. PHILLIPPI: There is a Collier Tradeport there, yes. MR. CREWS: That was in their development. MS. WILLIAMS: Correct. MR. CREWS: Now, the question I've got is why do people in Immokalee have to be penalized for owning industrial properties all these years because they're going to put a new heavy industrial out to the side? And I've always argued that the light gray 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 AJ 2 and the dark gray should be the same. MR. WALL: It's pink on this one. MS. WILLIAMS: So, how do you suppose they're being penalized? MR. CREWS: Because if you can't do the same thing in one piece of industrial, you can do it over in this other piece of industrial, then the difference -- CHAIRMAN FACUNDO: But can I just -- MS. PHILLIPPI: But that's the buffer. CHAIRMAN FACUNDO: But can I get back -- MR. CREWS: No, no, no, no. We're talking about -- we're talking about two different things. CHAIRMAN FACUNDO: Yeah. We are talking -- now, we're -- we're moving to a different direction. Right now what's on the table is the L shape. Then we get into the light gray and dark gray. MR. CREWS: My whole argument started out originally when we was on the telephone with this thing a year and a half ago, is that we're going to have a buffered zone that should be buffered against the gray, and also against the orange and on around the corner. CHAIRMAN FACUNDO: Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 K =. MR. CREWS: If you're going to have a buffer zone, it ought to be a buffer zone. We don't need a buffer zone now. CHAIRMAN FACUNDO: Right. But it -- MR. CREWS: And there should be no distinction between the light gray and the dark gray. CHAIRMAN FACUNDO: Okay. Can -- can we address that now as a new topic? Or is that part of this item, this agenda, this -- that light and dark gray? MR. CREWS: It was a part of what Mr. Henning was getting at. CHAIRMAN FACUNDO: Okay. MS. DEYO: But that is addressed. CHAIRMAN FACUNDO: It is addressed in here but not under number one. MS. PHILLIPPI: No. CHAIRMAN FACUNDO: Okay. Can we get -- move -- can we get a vote? MR. CREWS: I move we stricken this -- the -- the crosshatch. CHAIRMAN FACUNDO: That's what's the motion that was made. Then we'll get to -- MR. CREWS: I call for the question. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A 152 CHAIRMAN FACUNDO: -- your question. Eventually we'll get there. MR. CREWS: I call for the question. CHAIRMAN FACUNDO: You call for the question. We got a motion. All in favor? MR. RANDALL: To remove it. CHAIRMAN FACUNDO: To remove it. Exactly. Based upon what you said. (A chorus of ayes.) CHAIRMAN FACUNDO: Any opposed? We've got one opposed. MS. PHILLIPPI: Okay. Can you raise your hands, please? CHAIRMAN FACUNDO: Those -- those -- MS. PHILLIPPI: Those in favor, raise your right hand. MR. RANDALL: We're going to remove it. CHAIRMAN FACUNDO: To remove it. MS. PHILLIPPI: Two, three, four, five, six. Six to one? CHAIRMAN FACUNDO: Right. MS. PHILLIPPI: And you? Yeah, you have to vote. CHAIRMAN FACUNDO: I'm okay to remove it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1,2 A128 MS. PHILLIPPI: So, seven. We're missing somebody. Mr. Halman. CHAIRMAN FACUNDO: All right. Well, let's move forward. Item number two, Miss Penny. MS. PHILLIPPI: To remove the 103 acres to extend the airport. What we were doing here was simply including that 103 acres in the urban area. That's all we were doing. CHAIRMAN FACUNDO: And that's that little red area. MR. CREWS: Let's talk about that. CHAIRMAN FACUNDO: Hang on. Hang on. We're talking about this one, right? MS. PHILLIPPI: Yes. CHAIRMAN FACUNDO: Okay. MR. CREWS: I want to talk about it before Jeffrey does. CHAIRMAN FACUNDO: All right. Go ahead then. MR. CREWS: It's pretty near essential for the airport to have that if it's going to be developed. And I want you all, all of your lives, that that's panther habitat out there. So, the only thing that they -- and what it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A42 really is, is a cone that comes in, not so much for the runway, but for a cone. There would be nothing really built on very much if that cone just comes in and it's a protection for the airplanes coming in there. It's -- it's a part of their landing gear. The same thing is true down here on the 1836 runway, the north and south runway. They've got to have a cone down here that extends across 846, and they got to have a cone that goes out of the purple near the -- and on the other side there, to extent that. So, I see nothing wrong with leaving that piece of ground in there -- in this area. MS. PHILLIPPI: It's called the flight work. MR. CREWS: And I'm also on the airport both times, so -- CHAIRMAN FACUNDO: So, are you making the motion? MR. CREWS: I make a motion that we leave it in there. Okay. Can I get a second? MR. OLESKY: Second. MR. RANDALL: I'd like to -- CHAIRMAN FACUNDO: Ski. Okay. Go ahead. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 :s MR. RANDALL: We have a second, right? CHAIRMAN FACUNDO: Yeah. We have a second. Ski seconded it. MR. RANDALL: As I recall what Chris said at the commission, the Board of County Commissioners' meeting last week, is that this is something that he would like if the airport were to expand and because he believes that's in the interest -- this is my recollection, correct me if I'm wrong that he had no issue with removing that -- that -- that strip or that piece that we're talking about now. MS. PHILLIPPI: That's correct. He said he had no issue with it. And, in fact, what he said to me was they would just -- it would be 40 to $60,000 for them to do a Comp Plan Amendment to include that when they're ready to get it, and he would simply include it in the grant request to FAA. Now, that's what he said to me. MR. RANDALL: So, based on that, I would ask Floyd if he would consider amending your motion to leave it in, to take it out. And if he won't consider that, then -- MS. PHILLIPPI: Then we just vote on it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A1261 MR. RANDALL: Well, then we should vote on it and -- MR. CREWS: I really think it ought to be left in there. MR. RANDALL: Okay. That's fine. That's fine. MR. CREWS: The people's argument is, oh, Colliers' going to have that zone building in here for this airport end of the thing and it's going to make their property worth so much more. I don't believe it will. MR. RANDALL: Well, whether it does or not, our -- our executive at the Airport Authority said it's no problem with him if we remove it. That's all. MS. DEYO: Yeah, but we can't save money. To save him money, he would have to apply for that when it's going to be $40,000 on the airport. MR. RANDALL: Yeah, but what we're trying to do here -- MS. WILLIAMS: I don't understand why it's such a deal breaker. I mean, I don't know why Henning wants to take it out. If it's no big deal, why not leave it in? MR. RANDALL: If it's no -- if it's no big 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ac deal to the airport, why not take it out? CHAIRMAN FACUNDO: When I -- when I saw that, the impression I got -- now, I'm going -- hang on. I'm going -- but the impression I got, I don't know if it's personal, but it seems like it was personal because it has benefited the Colliers. Do they own that land? I don't know. UNIDENTIFIED SPEAKER: They do. MS. DEYO: Collier Enterprise owns it. CHAIRMAN FACUNDO: So, I -- I don't think it -- it's not -- MS. WILLIAMS: But the arguments they were benefitting, they're not benefitting -- CHAIRMAN FACUNDO: Right. Exactly. MS. WILLIAMS: -- any more financially than they would if it was, you know, not in place, so -- MR. RANDALL: If it -- if it's -- if it doesn't make any difference, let's take it out of there. I'm just trying to find a way to move this thing forward to give Commissioner Henning as many of his points as he wants, if we can do it. MS. PHILLIPPI: That's when you lost Coyle 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 6Al2 when they suggested -- MS. DEYO: Yeah. MS. PHILLIPPI: -- take it out. That's when you lost Coyle. MS. WILLIAMS: That's when you lost Coyle. MS. DEYO: That money's going to come from Immokalee somehow. MS. WILLIAMS: Right. MS. DEYO: Through the Airport Authority, CRA, somebody is going to come to us taxpayers to -- to make that extension later on in the future. So, yeah, you're right. If we make Commissioner Henning happy by taking it out, then we're going to lose Commissioner Coyle's vote. MR. RANDALL: I wish -- I think Commissioner Coyle would be more reasonable if we were to explain the reason that we took this out. There's a lot of discussion going on in that that board meeting and people shooting at each other, and maybe if we take it out, Commissioner Coyle would be receptive on -- after thinking about it, that he would say, well, okay, we can always leave it in or not leave it in but, you know, if the executive from the Airport 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Z6,Al2 Authority says he doesn't care, then I don't care.l CHAIRMAN FACUNDO: Well, the -- can I call the question for the motion? I guess, can we go ahead and vote on this? MR. OLESKY: I don't know why Henning cares so much about taking it out. CHAIRMAN FACUNDO: All right. So, what was your motion again, Floyd? To leave it in there? MR. CREWS: I make a motion we leave it in there. CHAIRMAN FACUNDO: All right. Can we go ahead and vote. We had a second on our -- MR. WALL: Second. CHAIRMAN FACUNDO: All in favor? MR. RANDALL: To take it out. CHAIRMAN FACUNDO: No, to leave it in. MR. OLESKY: To leave it in. MS. PHILLIPPI: Six. To take it out, two. CHAIRMAN FACUNDO: All right. Item Number 3. MS. PHILLIPPI: Number three is to completely remove the Industrial Mixed Use designation in that large gray area that you're referring to. MR. CREWS: Dark gray or light gray? MS. PHILLIPPI: The light gray. And change it back to what it is currently, which is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 12 A512 Commercial Center Industrial. So, let me show the color -blind person which one. It's this section from here up through here. MR. RANDALL: Okay. Thank you. MS. PHILLIPPI: That's what we're referring to, this heavy dark line over here. The heavy industrial. MS. WILLIAMS: What does it say on the thing for heavy dark gray? MS. PHILLIPPI: For the heavy dark gray, it says, Industrial Subdistrict. MS. WILLIAMS: Okay. And then the light gray, the IMUs for high -- MS. PHILLIPPI: Industrial Mixed Use of the district. MS. WILLIAMS: Okay. By changing it to C1 through C5 and then you've got the industrial, they're basically the same except you can expand more in the industrial? I mean, aren't you getting -- MS. PHILLIPPI: In the Industrial Mixed Use, you have more options, but you don't capture the C1 through C5. That's the value -- MR. CREWS: And the question -- MS. PHILLIPPI: -- of the Commercial Center 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 16 Industrial. MR. CREWS: And the question that I've always had, can you do the same thing in the dark gray as you can in the light gray? MS. PHILLIPPI: Yes, and more. MR. CREWS: You can. If it is, I'll agree with it 100 percent, but that isn't what I've been told before. CHAIRMAN FACUNDO: Go ahead, Bill. MR. MCDANIELS: This is an overlay. This is a plane. There's no zoning changes that come about with this. There's no changes in density. There's some issues that Jerry brought up earlier about the conflicts with the plan and the Development Code, and so on and so forth. And my question is, if you're designated as light industrial, and I said this on tape several months ago, if you're zoned C5, Floyd, you're not going to change. You have the most lucrative zoning valuation that Collier County has. MR. CREWS: Then Sabal House somehow got persecuted and they -- MR. MCDANIELS: Don't interrupt because I'm on a roll. (Talking simultaneously.) A121, ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 ALZ ' CHAIRMAN FACUNDO: Let him finish. Let him finish. MR. CREWS: I'll behave. MR. MCDANIELS: Okay. You'll behave. And you and I don't disagree on this. And Jerry hit the nail on the head. There are a conflict with the Land Development Code that exist in Collier County in how business is conducted in Immokalee. And we all know that. That's the reason they're treating Code Enforcement Officers like they're changing their pants. Okay. The issue is -- my question, and this be would, Floyd, before you got on the off subject, if you're light gray, and you decide you don't want to be light gray, how do you change that? How do you fix that? If the plan suggests that you're Mixed Use Industrial and you want to be C5, this is America, folks, you own your land, you should have the right to ask for that change. If you feel it's conducive for your property, for the value of your assets, you should have that right. My question is, arguing about Mixed Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16121 6 A� Industrial, light gray, dark gray, where it ought to be, not ought to be, all that sort of stuff, isn't necessarily the issue. It's not necessarily the solution. The solution is fixing the Land Development Code conflicts that we have existing in Collier County that's causing Jerry and his family their issues with regard to their mobile home parks. Whether it's industrial or not, the only thing that this plan does is allows you, the property owners in Immokalee -- by the way I am one -- I was over there mowing it two weeks ago, way past due -- the right to change the density on your property without having the necessity of a Comprehensive Growth Management Plan Amendment first. It's the only thing this plan does. There are suggested uses, there are suggested densities, there are suggested platforms and limitations, but they're all just suggestions. And my question to you is, if the plan says you're light industrial, and you don't want to be light industrial, you think your property ought to be residential, how do you fix that? How do you fix that? MR. CREWS: Well, now -- can I talk now? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A'12 MR. MCDANIELS: Yeah. Go ahead, please, sir. MR. CREWS: According to Mr. Henning, whatever was there, Cl, C2, C3, C4, C5, all them could be included in there. And there's residential included in some of those C parts. So, you can put residential in there. There's residential in the airport PUD. But, Bill, my whole question is, why have we owned the land that's supposedly industrial land in Immokalee for all these years? Now, all of a sudden, we're light industry and we've got heavy industrial outside. They both should be synonymous. That's my whole point. MR. MCDANIELS: That's not a condition of the plan, Floyd. That's the condition of the Land Development Comp with the conflicts and the contradictions that exists in the -- MR. CREWS: And we've got a lot of mouth why credit's in the eyes of the beholder. MR. MCDANIELS: I understand that, but it's a plan. There's a plan. And I -- and I -- I -- and I didn't mean to -- I sat over here and stayed quiet during the public portion and I should have got up and spoke then. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A172 My question is this. This is America. You have the right to zone your property and maximize the value of your assets as you see fit. If it doesn't conform to a plan, if it isn't part of a plan, in order to effectuate the zoning change, Floyd, you have to meet concurrency. Concurrency is compatibility. A portion of concurrency is the liability. If you want to stick residential in next to an industrial, that could be construed as a noncompatible circumstance and disallow your zoning request. You don't get anything with this plan. You don't get anything. These are suggested uses and if Carrie wants to do something different with her land than what the plan suggests, she has every right on this plan as an American citizen to request for that. She has to meet concurrency. She has to meet the stipulations of the zoning regulations that exist in Collier County. Jerry brought up the main issue. There are huge discrepancies and huge indiscretions in our Land Development Code that are causing a lot of the issues that we have going on out here in Immokalee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612.1p12 They have virtually nothing other than the suggested changes to those LDC amendments or to the -- to our Land Development Code have nothing to do with this plan. CHAIRMAN FACUNDO: Can I -- can I get back to the item number three? If you look at those -- MR. MCDANIELS: Can somebody answer the question? CHAIRMAN FACUNDO: What -- MR. MCDANIELS: My question, and I did have a question. I got off on a tangent. CHAIRMAN FACUNDO: Go ahead. MR. MCDANIELS: Maybe you, Commissioner Coletta. If you own land in the overlay and you choose to do something different than what the overlay suggests -- prior to this we had a Comprehensive Growth Management Plan Amendment process where you had to change the color of your land from pink to gray or light gray to dark gray. We don't have that anymore. This is the plan and if -- if -- if somebody happens to own land in here, in this area here, and they would rather do something that is pink or yellow or something 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 along those lines, how do they fix that? COMMISSIONER COLETTA: They ask for an amendment to the Master Plan. It just may -- MR. MCDANIELS: So, it's an amendment to the Master Plan process. COMMISSIONER COLETTA: That's all it is. That's all it says. It's really that simple. MR. MCDANIELS: That was -- that was one of the questions that were popped up when you were when you were over there going off, Mr. Crews, with regard to the -- MS. WILLIAMS: So, he can make an amendment to the Master Plan and then go back to -- MR. MCDANIELS: And then do the zoning request. Well, he is C5. He doesn't come on as C5. That's -- MS. WILLIAMS: Are we in C5? MR. MCDANIELS: He is C5 and he will be C5 till -- MS. WILLIAMS: If you can see on -- MR. MCDANIELS: -- till he chooses to change it. CHAIRMAN FACUNDO: Okay. If you look at item number three -- thank you -- under note, it says, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161212 see number -- it says, number one above, this designation wants to provide a buffer between industrial and other uses. So, I guess that was the purpose. Do we feel that a buffer is needed there? Well, I mean, that's what all -- that's what it says here. Wants to provide a buffer between industrial and other uses. So, apparently there's heavy industrial or something and then they transition into -- so, do you -- do you feel that that's needed? MR. RANDALL: Right now it's designated the Commercial Center -- CHAIRMAN FACUNDO: Right. MR. RANDALL: -- Industrial, right? I make a motion to remove, consistent with Commissioner Henning's suggestions, to remove the IMU designation. CHAIRMAN FACUNDO: Okay. And leave it as existing CC -1. MR. RANDALL: Yes. CHAIRMAN FACUNDO: Okay. Can I get a second? MR. WALL: Second. CHAIRMAN FACUNDO: James is second. Discussion? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 X12 MS. WILLIAMS: Well, going off on what Mr. McDaniel said, we're not changing anything. But why -- why are you making adjustments because of Henning? Why are we going now -- MR. RANDALL: Because we're not going to get it passed unless we try it in the -- MS. WILLIAMS: But we're not going to get it passed either way because we're leaving that in. I mean, why are we beating this up? MR. RANDALL: You want to just say we're not going to do anything and submit the -- MS. WILLIAMS: I think we should submit the plan as it is. MR. RANDALL: Well, respectfully, Carrie, I don't believe -- CHAIRMAN FACUNDO: Well, I think -- I think from a planning point, there was a reason why they put that buffer there. MS. WILLIAMS: Right. CHAIRMAN FACUNDO: I don't know. Maybe that was the best practice from the night transition, and so I think really give it a little more context as far as -- in order to have discussion on that, that's what we need to really look at is that the best planning practice and then having 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 that transition -- MS. WILLIAMS: That's why I feel like we're in an injustice here. Where is our planner? I mean, I would like to hear -- CHAIRMAN FACUNDO: And, so, it's -- MS. WILLIAMS: -- what the planner has to say. I'm not a -- MS. PHILLIPPI: The planner stood up there for four solid hours -- MS. WILLIAMS: And argued the point not to change MS. PHILLIPPI: -- and part of that -- MS. WILLIAMS: -- correct? MS. PHILLIPPI: And the video is certainly available. But, no. He defended it and told all the reasons why he did it. He, like Jeff, was trying to find a time, was trying to find a way to resolve the issue, and it didn't happen. Obviously, if you recall, we wanted a single overlay and within that overlay we wanted to have an industrial - commercial, and that was the edict from the community. That was our instruction to our planner. So, that's what they did. So, if you look at the current land use map, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 ,A 12 I ' you can see what's in there right now and you probably can figure out that it's kind of hodgepodge. I mean, zoning called me to ask me what the zoning of this piece of property. So, it was an effort to create continuity as a planning tool to award the future. I mean, that -- I don't know how much more plan I could make it. But that's what Bob told them at the meeting, that we were trying to create the bad buffer between heavy industrial, the airport, and then -- and let that continue with Industrial Mixed Use, then go into, as you can see, commercial and residential. And, I mean, it's -- it's really clear to me. Unfortunately, Floyd owns a piece of property within that district, and I -- I don't know how do you think that impacts your potential, because I was told that that increases the number of uses that you can put on that. MR. CREWS: What? This does? MS. PHILLIPPI: This you -- CHAIRMAN FACUNDO: The light gray. MR. CREWS: That's what they've been telling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161,2 p }2 me, Miss Penny, but I hadn't figured it out what they're talking about. And I've asked the question and ask the question. That's why I'm asking what's the difference between the light gray and the dark gray. MS. PHILLIPPI: The dark gray is heavy industrial. MR. CREWS: Then why do we need the distinction? MS. PHILLIPPI: Well, we don't want heavy industrial -- MR. CREWS: Because of what they're telling US. MS. PHILLIPPI: -- against residential and we were heavy industrial against residential - commercial business. CHAIRMAN FACUNDO: That's where the buffer comes in. Yeah. That's -- MR. CREWS: You've got it up there on the other end against the yellow. MS. PHILLIPPI: No. That's the buffer between, between the heavy -- because airport is a heavy industrial use. Even though it's purple, it's APO. MR. CREWS: My whole deal is people that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 owned this gray, not only me, but other people that own the light gray, are being pushed out by the dark gray, because this is what all this industrial park was for, and all of a sudden now it's zoned C5. So, who knows what they're going to put onto it next? MS. WILLIAMS: Is the dark gray that he's referring to, is that part of the Airport Master Plan? MS. PHILLIPPI: No. That's part of Tradeport. MS. WILLIAMS: Tradeport. So, it's already a PUD. We can't change that. MS. PHILLIPPI: No. Part of it is ADH. And it's -- it's the heavy industrial -- MR. CREWS: You own the same piece of ground. MS. WILLIAMS: He's been trying to work -- that's why it's dark gray. It's part of the Tradeport PUD. It's already approved PUD. MR. CREWS: Yeah. For the airport or for the gray? MS. WILLIAMS: For the dark gray. MS. PHILLIPPI: The darker gray is already paid for. Do you see that? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1b I G 79 MR. CREWS: That was the Collier subdivision that was on hold now, isn't it? MS. WILLIAMS: But it isn't a PUD? MS. PHILLIPPI: That's down, the Silver Strand. That's the other area. Silver Strand. The PUD for Tradeport is this thing. And heavy industrial, you can't do C work activities like you can in this -- MS. WILLIAMS: Industrial Mixed Use. MS. PHILLIPPI: Yes. I mean, you can't do -- what they were looking to do is put Cl through C5 back, and the thing is, if you have C5, you can do C4. If you have C4, you can do C3. And you have C3. You know, that's the way it goes. It doesn't mean you could do the C1 through C5. And that's what they're seeking to recapture, by changing this back to Commerce Center Industrial District. MR. CREWS: Tell me that again. MS. PHILLIPPI: What they're trying to recapture is the Cl through C5 use on that property. MR. CREWS: On the light gray. MS. PHILLIPPI: Yes. MR. CREWS: And the I. Anything that you can 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612, 80 do over there in industrial, you can do in the light gray. MS. PHILLIPPI: It means you can do industrial and one through -- Cl through C5. MR. CREWS: Then I'm in favor of leaving it that away. So, I'll make a motion that away. UNIDENTIFIED SPEAKER: It's light industrial, not heavy industrial. MR. CREWS: Huh? UNIDENTIFIED SPEAKER: It's light industrial, not heavy industrial. MR. CREWS: Well, they said there's no distinction between I, but this -- now, Randy, you're bringing up that point that I was just asking. What was the difference? MR. RANDALL: They're different. MS. PHILLIPPI: So -- well, we need to address the motion that's on the table first. CHAIRMAN FACUNDO: What was the motion? MS. PHILLIPPI: To remove that and change it back to CCI. CHAIRMAN FACUNDO: Which is number two, right below. MS. PHILLIPPI: Which is what it is, yes. CHAIRMAN FACUNDO: Which is number two, right 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 [281Al2 below. MS. PHILLIPPI: Yes. CHAIRMAN FACUNDO: That's what it's now. MS. PHILLIPPI: Yes. CHAIRMAN FACUNDO: That's if you want to leave it. MR. CREWS: Does that change anything? Does that make C1 to -- MS. PHILLIPPI: No. Say it's exactly like it is right now. MR. CREWS: You can do C1 through C5? CHAIRMAN FACUNDO: That's what it says here. MR. CREWS: That's right. CHAIRMAN FACUNDO: It's what it says here. MR. CREWS: That's what we're doing, right. CHAIRMAN FACUNDO: We just eliminate the buffer, the transition, the plotting thing. MR. CREWS: That's fine. We'll make it. MS. WILLIAMS: So, you're going to -- what is the motion? I'm really -- MS. PHILLIPPI: The motion is to remove it -- CHAIRMAN FACUNDO: Remove it. MS. PHILLIPPI: -- so the IMU designation -- so, the motion is to remove it. CHAIRMAN FACUNDO: Remove it and leave it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as -- MS. PHILLIPPI: Leave it as what it is right now -- CHAIRMAN FACUNDO: Right. MS. PHILLIPPI: -- Commercial Center Industrial. MS. WILLIAMS: But she's saying with the Industrial Mixed Use, you still have the option of using the Cl through C5. MS. PHILLIPPI: Well, that wasn't my impression at the board meeting. Did you have that impression? MR. RANDALL: No. MS. WILLIAMS: What's that? MS. PHILLIPPI: That you could not do a Cl -- MS. WILLIAMS: If you're C5 right now, as Floyd is C5, he doesn't -- he -- nothing changes until he makes the change -- MR. RANDALL: Right. MS. WILLIAMS: -- right? MS. PHILLIPPI: Yes. MS. WILLIAMS: So, nothing changes. He's C5 unless he wants to go up to IMU. MR. RANDALL: Right. So? MS. WILLIAMS: So, why are we removing it? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Al2 MR. RANDALL: We're removing the IMU designation. It's just as a buffer zone. There's nothing to -- it's the property around. Is that right? The property around this C properties? CHAIRMAN FACUNDO: It's just not best practice. MS. PHILLIPPI: Best practice, but -- CHAIRMAN FACUNDO: I'm talking about have heavy industrial right next to residential? MR. RANDALL: I agree with you, but -- CHAIRMAN FACUNDO: I mean, if you live at a -- I don't know who lives in the development -- MS. PHILLIPPI: Actually -- CHAIRMAN FACUNDO: -- but would you like -- hold on. MS. PHILLIPPI: -- that's how planning started. CHAIRMAN FACUNDO: You're right, but what I'm thinking about it, if you live in a development and would you like someone, your neighbor, to have a car shop? MR. RANDALL: No. CHAIRMAN FACUNDO: Of course not. That's the whole point why proper planning is important. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's essential when you plan a town. That's what these -- that's why the planner did this. And the thing is we're missing that. I mean, we -- we -- we're looking for property rights, but let's look out for our neighbor here. I mean, for crying out loud. I mean, we're looking out for my personal property rights, and getting it granted, fine -- MR. RANDALL: But the fact is -- CHAIRMAN FACUNDO: -- but come on. I mean, MR. RANDALL: If you take this out, if we remove this and, let's say, a heavy industrial wants to come in next to a neighborhood, that -- that's what could happen. CHAIRMAN FACUNDO: If you leave it -- if you go back to the way it is now, yeah. That's my understanding. MR. RANDALL: So -- so, that would mean we remove -- MS. PHILLIPPI: That's what we have right now. CHAIRMAN FACUNDO: That's what we have. There would have been a packing house right beside your house. If you're okay with it. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A182 mean, I'm not, to be honest with you. MR. RANDALL: Okay. MS. PHILLIPPI: Well, then, then call the vote. Call the vote. MR. CREWS: So, the -- on the motion we're going to be able to put the packing house beside the house or the concrete beside -- MS. PHILLIPPI: You know what the motion is. You're going to leave it just like it is right now. MS. WILLIAMS: So, the motion is -- we're leaving it as is. We're not removing -- we're not removing it. Is that correct? MS. BETANCOURT: No. The motion is you're going to remove it. You're going by what Penny has in the notes, right. MR. RANDALL: It says remove the IMU designation. MS. BETANCOURT: This was Penny's recommendation. CHAIRMAN FACUNDO: He wants to leave the -- he wants to remove the light gray and make it dark gray, the way it is now. MS. PHILLIPPI: No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L612 4dAl2 1 MR. CREWS: No, no. MS. PHILLIPPI: No. CHAIRMAN FACUNDO: Well, what does he want to do? MS. PHILLIPPI: He wants to change the IMU designation to CCI, which is what it is, commercial -- or Commerce Center Industrial. And this paragraph tells what you can do in Commerce Center Industrial Districts. CHAIRMAN FACUNDO: Okay. So, what do you want -- so, what are we -- so, the motion was to leave it as is. MS. PHILLIPPI: The motion is remove the IMU and leave -- put it back to the existing Commerce Center Industrial. Jeff made the motion, Jim seconded it. CHAIRMAN FACUNDO: Okay. So, I guess -- MS. WILLIAMS: I have a question. I'm reading through his changes. And, so, he's saying remove it. And the Commerce Center Industrial, it allows Cl through C5 and industrial, okay, right? MS. PHILLIPPI: Yes. MS. WILLIAMS: Now, the industrial makes use that we have it as, basically does the same thing; correct? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 2 „, Al2 MS. PHILLIPPI: I believe it does. CHAIRMAN FACUNDO: Yes. MS. PHILLIPPI: And -- and provides for more things that you could do. MS. WILLIAMS: So, you won't be able to use Cl through C5? Is that correct? I'm -- MS. PHILLIPPI: No, I don't think that's correct. I'm sorry. We don't have a planner here. MS. WILLIAMS: That's why -- MS. PHILLIPPI: But that was the big issue that they were bringing up. The Cl through C5 was the big issue. You can already do that right now. MS. WILLIAMS: Correct. MS. PHILLIPPI: It doesn't -- CHAIRMAN FACUNDO: Anything else on it? MS. PHILLIPPI: -- take away anything, because it lets you do more mixed uses. MS. WILLIAMS: The Industrial Mix Use does. MS. PHILLIPPI: And we can look it up on the current plan, the proposed plan and review it. MS. DEYO: I think we need to before we vote on anything. MS. WILLIAMS: Because it's saying right 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612, there for commercial -- MR. CREWS: I'm glad I am not going to -- MS. WILLIAMS: -- that it allows -- UNIDENTIFIED SPEAKER: Misunderstanding, not the -- MS. WILLIAMS: -- C1 through C5 in industrial, so what's the difference between Industrial Mixed Use and this designation? MS. PHILLIPPI: So, really, in the current designation, the only thing you couldn't do there is residential. MS. WILLIAMS: Excuse me? MS. PHILLIPPI: The only thing you couldn't do there is residential. MS. WILLIAMS: But in the commercial -- Industrial Mixed Use, you could? MS. PHILLIPPI: No. MS. WILLIAMS: Okay. I'm -- MS. PHILLIPPI: I'm saying in the current one. MS. WILLIAMS: Okay. CHAIRMAN FACUNDO: Well, right now it's Industrial District. Right? Which means this is -- MS. WILLIAMS: Commerce Center Industrial A 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al 2 AIN District. CHAIRMAN FACUNDO: Right. MS. PHILLIPPI: Okay. Okay. Here it is. Industrial Mixed Use subdistrict, the purpose is to provide a transition area from the industrial subdistrict to adjacent commercial and residential uses. The State Farmers Market and related facilities are located in this subdistrict. This subdistrict allows for higher intensity commercial uses such as in the LDC for commercial C4 through C4 and C5. Research and technology parks and business park districts subject to development standards in the LDC. This subdistrict also allows for light manufacturing, processing and packaging fully enclosed buildings -- MR. CREWS: Yeah. Got to change that. MS. PHILLIPPI: -- research design -- but that's also in the current one -- research design and product development, printing lithography, publishing, similar industrial uses, agricultural and agricultural related uses such as packing houses, warehousing and targeted industry. Targeted industries include distribution, medical laboratories, research and rehabilitative 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 90 Al2 centers, high technology, computer software services and processing and similar -- similar -- similar uses within certain IMU designated lands denoted on the IMAP Future Land Use Map. Commercial uses are permitted on up to 30 percent of the total IMU acreage. The percentage of mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the LDC. The acreage and building square footage figures, percentages shall be included in the PUD ordinance or rezone ordinance. MR. RANDALL: What's the difference between that and the CCU? MS. WILLIAMS: It looks like they can't have Cl and C2 like they -- MS. PHILLIPPI: Don't get C1 to C3. So, that was the big issue. Currently they can get C1 through C5. That was the issue at the board meeting. CHAIRMAN FACUNDO: All right. We'll vote. Can we go ahead -- do you want to read the motion one more last time so we can vote on this? MR. CREWS: I have a question. If we vote yes on the motion, we're saying leave C1 and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 9Q12 through C5 and I in there? MS. PHILLIPPI: Yes. MR. CREWS: Got it. And I includes the same I that's in the dark gray. MS. PHILLIPPI: No. It does not. MR. CREWS: Then how do you get the dark gray in back into the I? MS. PHILLIPPI: It wasn't ever in there. MR. CREWS: That's the whole point I've made for four years. MS. PHILLIPPI: So, you want to be -- you want all of that land to be heavy industrial. MR. CREWS: No, not necessarily -- MS. PHILLIPPI: I don't know -- MR. CREWS: -- but we need to be able to have heavy industrial in there. MS. PHILLIPPI: Well, you -- MS. WILLIAMS: Would you be able to do that more with the I -- what do you say, the IMU designation? MS. PHILLIPPI: No. MR. CREWS: No, uh -uh. MS. WILLIAMS: But you would be able to with the -- the Commercial Center Industrial District or the CC1? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6912 A 12 You could do that -- does it specify heavy industrial for the -- MS. PHILLIPPI: No. It's -- it's expressed entire MS. WILLIAMS: Not the Cl. Not the -- MS. PHILLIPPI: -- commercial uses because that's what we have now. MS. WILLIAMS: We have now heavy industrial -- MS. PHILLIPPI: No. Heavy commercial. MS. WILLIAMS: Heavy commercial. CHAIRMAN FACUNDO: It says higher intensity commercial uses including packing houses, industrial fabrication operation warehouses shall be permitted within this district. MS. PHILLIPPI: No, you can't put -- CHAIRMAN FACUNDO: But it -- MS. PHILLIPPI: You can't put -- CHAIRMAN FACUNDO: I know, but this -- MS. PHILLIPPI: -- heavy industrial in that area. MS. WILLIAMS: That's what it says here on this Commerce Center. It says industrial. C1 through C5 -- MS. PHILLIPPI: But that -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ioic X12 MS. WILLIAMS: -- industrial. MS. PHILLIPPI: But then now you have to go to the LDR and find out what does industrial mean in that -- MS. WILLIAMS: But -- okay. So, what does industrial mean in that designation? MS. PHILLIPPI: But it doesn't mean heavy industrial, I'll tell you that. MR. RANDALL: Because what they're doing is creating a transition is all. If you leave it the way -- CHAIRMAN FACUNDO: Buffer zone. MR. RANDALL: -- it is now, there will be no transition zone -- MS. PHILLIPPI: There will be -- MR. RANDALL: -- which is the way I want to see it. Gives you the highest and best -- not the highest and best necessarily, but you can do more with the CC1 through CC5. You can do more with it. And as Bill said, it -- it's the best you have. MR. CREWS: Okay. And you want to include I in the end of this thing. MR. RANDALL: I don't think -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 �s4i2 MS. PHILLIPPI: But I is in -- I -- MR. RANDALL: -- you have to. It is in there. MS. PHILLIPPI: But how far industrial you can go in that, I can't tell you. CHAIRMAN FACUNDO: Yeah, I don't know. MS. PHILLIPPI: I don't know. CHAIRMAN FACUNDO: Okay. So, can we -- MR. CREWS: Let -- let me tell you what one of the problems is, Jeffrey. MR. RANDALL: I'm going to talk to my mentor. I need you to -- I'm very serious. And I'm trying to figure out how you work it out, or Bill. Somewhere in there it says you can't have a building within 500 feet of a bunk plan. MS. PHILLIPPI: See, this is all details in 1807 MS. WILLIAMS: Yeah. That's in the Land Development. MR. CREWS: So, we've got to change the LDRs to get what we got. MR. RANDALL: Well, that's what everybody's been saying. The Land Development Code has to change. CHAIRMAN FACUNDO: That's what he was saying. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1 2 15 Al2 MS. WILLIAMS: Well, what's getting -- what's happening is this is getting held hostage because you don't -- there's changes that need to be made to the Land Development Code and we all agree with that, but it has -- this has nothing to do with that; correct? I mean -- MS. PHILLIPPI: Well, we wrote a Land Development Code and we started reviewing it, and then once we realized we -- you know, when they said go forward without the Master Plan, the LDR said, we're completely gutted because so much was -- it became like Swiss cheese LDRs, which we already have evidently. So, we were going to see if the Master Plan would pass and then go on with those LDRs. So, yes, we're in a double bind. So, if it doesn't pass, then guess what? We'll go on with the LDRs. If it does pass, great, we'll go on with the LDRs. MR. CREWS: Just like it was messed up. We've got the thing drawed wrong. We need to make some more changes and part of the light gray belongs in the dark gray and part of the dark great belongs in the light gray, but I'm going to go right now to -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AiZ-4 CHAIRMAN FACUNDO: Change the color. MS. PHILLIPPI: All right. We have a motion. CHAIRMAN FACUNDO: All right. Can we go ahead and vote on this? So, okay, what was the motion again? One more time, please. MR. RANDALL: The motion is to remove the IM designation in order to allow that current area that we're talking about to remain CC1 Commerce Center Industrial. CHAIRMAN FACUNDO: Okay. And you say that MR. RANDALL: It will stay the way it is right now. CHAIRMAN FACUNDO: Now, there was a second. MS. PHILLIPPI: James made the second. We just need to vote. CHAIRMAN FACUNDO: Okay. Let's vote. All in favor? (A chorus of ayes.) CHAIRMAN FACUNDO: Any opposed? MS. PHILLIPPI: Let me -- CHAIRMAN FACUNDO: Oh, wait a minute. MS. PHILLIPPI: Let me first get the hands of the favors. CHAIRMAN FACUNDO: All right. All in favor? MS. PHILLIPPI: One, two, three, four, five, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161Lq,12 six. MR. ESTREMERA: Are you going to go by the combination that he makes on this? MS. PHILLIPPI: Yes. MR. ESTREMERA: Okay. MS. PHILLIPPI: Seven. Seven to none. CHAIRMAN FACUNDO: Any -- MS. WILLIAMS: So, we're -- we're agreeing to do this? Is that what it is? CHAIRMAN FACUNDO: Yes. MS. WILLIAMS: We're moving and putting the CC -- CHAIRMAN FACUNDO: And leaving it as is. MS. WILLIAMS: Okay. MS. PHILLIPPI: Do you oppose that? MS. WILLIAMS: No. Go ahead. That's fine. CHAIRMAN FACUNDO: Okay. MS. WILLIAMS: I'm -- I was confused about what we were voting on. MR. CREWS: I am, too, Carrie, so -- MS. PHILLIPPI: Well, I'll read it. Remove -- the motion was to remove the IMU designation depicted in gray and leave the area with this existing designation of CCI, which is Commerce Center Industrial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 Is that what everybody voted on? MR. ESTREMERA: I thought we have the recommendation on. MS. PHILLIPPI: Yes. Okay. We got three done. MR. RANDALL: What was the vote now? So, all in favor. CHAIRMAN FACUNDO: All right. Number one. MR. MUCKEL: Can I just stick a caveat -- CHAIRMAN FACUNDO: Yes. MR. MUCKEL: -- because I know it could become an issue? If you look at the existing map, it's not all CCI. MS. PHILLIPPI: Exactly. MR. MUCKEL: The area up north of the airport is actually industrial -- heavy industrial right now. If you can look at this existing map on the screen there, so you're changing the purple back to light gray and changing that light gray back to heavy grain, so -- MS. WILLIAMS: Do what now? MR. MUCKEL: It's not all going back to CCI. Some of it is actually going to go back to industrial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a If you look on the -- the proposed -- MS. WILLIAMS: You know, as I said earlier -- I mean -- no, but they're voting to change it all to CCI. THE COURT REPORTER: Penny -- Penny, I need you -- MS. PHILLIPPI: Brad. THE COURT REPORTER: Brad what? MR. MUCKEL: Muckel, M- u- c- k -e -1. You're not voting then to change it back to its original designation. You're actually voting to make it all -- MS. WILLIAMS: The point I'm making is, on the screen, there's -- MR. MUCKEL: Can you see my cursor here, the arrow? The pink right here -- MS. WILLIAMS: Okay. MR. MUCKEL: -- which includes Floyd Crews' place right there -- MS. WILLIAMS: Uh -huh. MR. MUCKEL: -- is currently CCI. Okay. So, you're voting to take that back to CCI, but you're also voting to take this area. It's heavy industrial up, goes all the way north to the airport, on the western edge of the airport and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 then turns. MS. PHILLIPPI: No. We're not talking about the L. We're not talking about the L. That side we already know. MR. MUCKEL: But, see, you're voting to change the IMU designation depicted in gray and leave the area as existing CCI. MS. PHILLIPPI: But not the slash part there. Not this upside down L. Just this part. MS. WILLIAMS: You're changing all that back to -- what is it right now? MS. PHILLIPPI: It is CCI. That's what the pink is. MR. MUCKEL: CCI. All the pink is CCI. MS. WILLIAMS: So, that's what will stay; correct? MR. MUCKEL: Yes. Because it's all right to leave that CCI. MS. PHILLIPPI: So -- but we're not changing the -- so, basically, the IMU with the slash, we're leaving it as it is. MR. MUCKEL: Well, the motion is to remove the IMU designation depicted in gray. The IMU depicted in gray goes all the way up to -- MS. PHILLIPPI: But we had on number one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 �lC voted on that slash mark piece. MS. WILLIAMS: They had already removed that. MS. PHILLIPPI: Yes. MS. WILLIAMS: But then, anything to the -- to -- underneath the airport is now CCI -- MS. PHILLIPPI: What it was. MS. WILLIAMS: -- correct? MS. PHILLIPPI: What it was. MS. WILLIAMS: What it was. It goes back to what it was? MR. MUCKEL: It does. Okay. Number four. CHAIRMAN FACUNDO: All right. MS. PHILLIPPI: Now, we made it to the mobile home park issue. MS. WILLIAMS: What's in place right now? MS. PHILLIPPI: Carrie could probably tell us that better than anybody. MS. WILLIAMS: I mean, if we're going back to whatever's there, might as well just leave the trailer park issue the way it is in the -- in the current plan. MS. PHILLIPPI: Well, they didn't -- it isn't what they proposed. They proposed to change the language from existing mobile home parks that have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 AIZ2 I an approved SIP, or SIP or SDP or SIP, as of the effective date of this policy are allowed in subdistricts that allow residential development. That's what's there right now. What they're proposing is existing mobile home parks, as of the effective date of this policy, are allowed in all the Immokalee urban area, period. That's what they -- and then they want to strike C, which was additionally within two years of the policy, the county will amend the LDC and it talks about the nonconforming overlay subdistrict to include mobile homes, blah, blah, blab. So, what Davenport proposed they put in was any mobile home park that was there before November 13th, 1991 wouldn't have to do a site plan revision or agreement between the county and the property owner. MS. WILLIAMS: They would not have to do one? MS. PHILLIPPI: Right. And then -- and then Bob said, this will be accomplished through an update of moble home site improvement plan process. Davenport also suggested that there be some incentives to -- and that would help you upgrade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612'12 the park, eliminate substandard units and ask them to -- and allow them to take advantage of other development standards. So, the biggest change in it, of course, is B. That's the one that kicks it out. And I would remind you that in your Executive Summary to the board, your proposed Policy 6.1.7 that related to mobile home parks be removed completely from the Master Plan. So -- MS. WILLIAMS: So, that means that you'd leave them what they placed with the Master Plan that's the current -- MS. PHILLIPPI: Current -- MS. WILLIAMS: -- Master Plan. MS. PHILLIPPI: -- in place. MS. WILLIAMS: I think -- MS. PHILLIPPI: And the current -- MS. WILLIAMS: -- that's how we should vote. MS. PHILLIPPI: -- everything. CHAIRMAN FACUNDO: So, you're making the motion? MS. WILLIAMS: I wouldn't know what to motion on right this second. CHAIRMAN FACUNDO: Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 Z Al 2 MS. WILLIAMS: I -- I make the motion that we do not accept this language and we leave what -- CHAIRMAN FACUNDO: Okay. MS. WILLIAMS: -- what we had stated before with your Master Plan, and just leave what is in place in the current Master Plan. CHAIRMAN FACUNDO: Okay. MR. RANDALL: I -- I have a question. CHAIRMAN FACUNDO: There was a second, right? Julio, you second that or -- MR. ESTREMERA: No. CHAIRMAN FACUNDO: No. MR. ESTREMERA: I thought she was going to go ahead and do -- CHAIRMAN FACUNDO: Okay. There's -- there's a -- there's a motion. You made it. That's a motion, right, you made? MS. WILLIAMS: Yeah. I can -- CHAIRMAN FACUNDO: Okay. Can -- is there a second? MR. WALL: I'll second it. CHAIRMAN FACUNDO: Jim? MS. PHILLIPPI: Uh -huh. CHAIRMAN FACUNDO: Discussion. MS. PHILLIPPI: Okay. That is exactly what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 you recommended to the board the last time, you know. And by saying you wanted to remove Policy 6.1.7, that's exactly what you said to the board last time. Leave whatever is there, there, and make the Master Plan free and clear of any policy decisions on -- MR. RANDALL: Right. MS. PHILLIPPI: -- on existing mobile home parks. CHAIRMAN FACUNDO: That's what she said. MR. RANDALL: So, let me ask a question. It concerns the Blockers. Can I ask them because they probably have the -- CHAIRMAN FACUNDO: Sure. MR. RANDALL: -- best answer? Right now with the existing -- THE COURT REPORTER: Mr. Randall, I can't hear you with your back to -- MR. RANDALL: Oh, I'm sorry. Okay. Right now with the existing Master Plan, your mobile home park is -- at least the position the county is taking -- is you're -- your mobile home park is an illegal, nonconforming use. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's the position the county's taking. I know you guys don't agree with it. If you wanted to go in and ask for a zoning change -- well, what would you do to make it legal? What would you do to try to make it legal? Would you have to go in and ask for a -- a zoning change to make it legal? MR. JOHNS: We don't need it. MR. RANDALL: Well, that's because what you're saying is -- MR. JOHNS: No. You guys said it today. MR. RANDALL: Well, then go ahead. MR. JOHNS: Let me just say it. The county is taking the position that -- CHAIRMAN FACUNDO: State your name. MR. JOHNS: Randy Johns. The county is taking the position that the Blocker property is an industrial zone, heavy industrial. All you guys today have said, it's CCI. CCI allows residential, but not one time have any of you guys ever stood up in any of these meetings that we've had and said that -- MR. RANDALL: So -- MR. JOHNS: -- until today. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612A 4� MR. RANDALL: So, right now, if -- if this -- if -- if -- if the Master Plan is approved with the suggestions made up to this very point -- MR. JOHNS: Uh -huh. MR. RANDALL: -- your property would then become part of the Cl through C5? MR. JOHNS: It already is. MR. RANDALL: It already is. So, it would stay there. MR. JOHNS: Yeah. What you're doing though is we'd lose the property rights if you're taking away the heavy industrial on that property. As Mr. Floyd has said, it's going to be up into a light number. MS. PHILLIPPI: So, you want to have residential and heavy industrial on the same parcel? MR. JOHNS: No. I would like you not to take people's property rights away. If you want to -- if you want to downgrade their property, then buy it from them. But just don't go and take their property rights. If you -- I don't know if you own property here or not, but if you do and you have it zoned industrial -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tE,�2 „q A2 MS. PHILLIPPI: I just -- MR. JOHNS: -- you would like -- MS. PHILLIPPI: -- asked a simple question. You want residential and industrial on the same property. MR. JOHNS: No, it's not a simple question. The property is already zoned that way. MS. PHILLIPPI: And, so, that's -- MR. JOHNS: You're taking away their rights, but you're telling me you're not taking away their rights, but you are. MR. RANDALL: But if we leave -- MS. PHILLIPPI: I'm not taking it. MR. RANDALL: So, if we leave it that way, nothing has changed since the time you bought it; correct? MR. JOHNS: That's correct. MR. RANDALL: Okay. What's the motion? MS. PHILLIPPI: The motion is -- MR. WALL: I -- I have a comment, too. I guess, you know -- and we worked on this a long time. If -- if you make a precedence, and I just want to make sure that -- that because of the land development is really where this is going to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A112 get flushed out, is that if -- if we're making a precedence here that we -- we reversed our opinion in the Master Plan, then, therefore, we should reverse -- that's what should be consistent through the land development. I'm just -- I'm just a little worried that we're creating a precedence for -- MS. PHILLIPPI: You didn't. You made the motion to leave everything as it is currently. MR. RANDALL: So, we're not changing a thing. MR. WALL: Okay. MS. DEMO: Which means -- which basically means taking out any language relating to mobile homes. MS. PHILLIPPI: Exactly. MS. WILLIAMS: Which is basically what we agreed to the first time when it came through. MS. PHILLIPPI: In April? MR. RANDALL: And we're rejecting -- MS. WILLIAMS: So, it's staying the way -- MR. RANDALL: -- the change. MS. WILLIAMS: -- it -- staying the way it -- it exists as it is in the Master Plan currently, the current Master Plan. MS. PHILLIPPI: Would you call the vote? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 ! '=110 CHAIRMAN FACUNDO: Okay. All in favor? (A chorus of ayes.) MS. WILLIAMS: For my motion; correct? MS. PHILLIPPI: Yes. CHAIRMAN FACUNDO: Yes. MR. CREWS: Before we get -- I'm going to have to vote no. I'm an odd ball this time. I like this language right that you put in there. MS. PHILLIPPI: Okay. Seven to one again. CHAIRMAN FACUNDO: All right. Now, we're down to five. MS. PHILLIPPI: This is -- MR. CREWS: You all are taxing my brain today. MS. PHILLIPPI: Put Farm Worker Labor Camps as an allowable use in the Commercial District by adding the former Policy 1.5.2 to the proposed 6.1.4. The current Policy 1.5.2 says, transient housing or migrant labor camps, as defined by Section 10D -25 FAC, may also be developed in areas designated for commercial land uses on the Immokalee Future Land Use Map. Such housing must meet the general requirements, the -- the requirements of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2, General Commercial Zoning District C4 of the Collier County Development Code as amended. So, the new language said Collier County recognizes the need for farm worker -- farm labor to support the county's agricultural industry. Collier County will encourage the provision of housing for seasonal, temporary or migrant farm workers provided that such housing is consistent with the migrant labor housing provisions in Section 64E -14 -- that's the updated section of the Florida Administrative Code -- and does not conflict with the existing zoning -- or with existing zoning districts or the FLUM. So, what would be added would be everything except the references to the Section 10D -25. So, all that language would be added to 6.1.4. MR. RANDALL: So, 1.5.2, the new policy -- that would be a new policy, right? If they want that added to six -- MS. PHILLIPPI: Well, 1.5.2 is our current policy -- MR. RANDALL: Okay. MS. PHILLIPPI: -- in our current Master Plan. MR. RANDALL: All right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 MS. PHILLIPPI: And they want to include that language in 6.1.4. MR. RANDALL: Is 6.1.4 in existence? MS. PHILLIPPI: No. That's our proposed. MR. RANDALL: Okay. That's our proposed. Okay. What -- how does that change -- how does our proposal change 1.5.2? MS. PHILLIPPI: It allows it in the Commercial District. See, and this one says, it -- it cannot conflict with existing zoning districts or the Future Land Use Map, and the Future Land Use Map, it doesn't -- it called for a mixed use commercial, so it really doesn't. MR. RANDALL: It doesn't change anything. CHAIRMAN FACUNDO: No, it doesn't. MS. PHILLIPPI: Well, it says out loud you get to have farm worker housing on Main Street. It says it out loud. MR. RANDALL: Is farm worker housing on Main Street included now? MS. PHILLIPPI: No. It's allowed right now. MR. RANDALL: It's allowed. MS. PHILLIPPI: Now it's policy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A1,2 MR. RANDALL: All this says is what's allowed. MS. PHILLIPPI: Uh -huh. MR. CREWS: The question I've got is why do we want to put the word in there, farm worker? Why not just housing? MS. PHILLIPPI: It's a -- MR. RANDALL: Because I think -- I don't want to know the -- MS. PHILLIPPI: We say that. MR. RANDALL: -- answer, but let me -- MS. PHILLIPPI: We already say that. We say Commercial Mixed Use District. We defined it as how things -- MR. CREWS: I understand that, but why do we want to put farm -- farm -- put the word farm worker in there? MS. PHILLIPPI: Because you insisted during your -- during your meetings. MR. RANDALL: There are certain requirements that made them necessitated by farm worker housing that are not required by general housing. Go ahead. MR. CREWS: I think it's going to come back to haunt us. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 1 � 114 12 MR. WALL: I think I agree with Floyd and, again, just because we deal with seasonal farm workers through the registration and all that other things, there are different standards -- MS. PHILLIPPI: Yes. MR. WALL: -- which may be substandard that -- that -- that -- and it could be -- deal with density and a lot of things. I -- I don't know. But I know I would be cautious with putting the -- what's the -- MR. CREWS: Do you understand what I'm saying? MR. WALL: I do. MR. CREWS: But whenever we say farm worker and migrant, we come to a whole different standard right there. MR. RANDALL: I understand. MS. WILLIAMS: Well, it says migrant, and the one that he's suggesting and what we're saying is farm labor. So, we should leave it -- MR. CREWS: Just leave it labor, not farm labor, but just labor. MR. RANDALL: Well, how about this? Collier County recognizes the need for farm labor, including, but not limited to, migrant -- instead 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J T, ) 115 A 12 of saying labor, can we -- MS. WILLIAMS: Why can't we just leave it as it is in 6.1.4? Because we're saying Collier County recognizes the need for farm labor. We encourage provisions for housing for seasonable, temporary or migrant farm workers. MR. RANDALL: You know it, she's right. And in fact MR. CREWS: Who cares? Part of these people are not farm workers anymore. They're restaurant, hotel and yard cleaners. MS. PHILLIPPI: Well, so at least it says -- MS. WILLIAMS: So, we're saying we should eliminate anything to do with farm worker housing? MR. CREWS: No, I didn't say that. MR. WALL: It says that it should be for housing for seasonal, temporary or. MS. WILLIAMS: Yeah. So, seasonal -- MR. WALL: Seasonal and temporary is across the board. MS. PHILLIPPI: So, this is a specific policy for farm worker housing. MR. WALL: No, it's not. MS. PHILLIPPI: Yes, it is. MR. WALL: Collier County will encourage the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 12 A 1 =Z provision of housing for seasonal, temporary or migrant farm workers. MR. ESTREMERA: It refers to the farm workers. MS. PHILLIPPI: It does, but this is the policy is farm worker housing or migrant labor camps specifically because, as you said, it's a different set of criteria. MR. WALL: There could be a lot when you -- when -- when you -- migrant, seasonal farm workers. MS. PHILLIPPI: Seasonal, temporary and migrant. MR. WALL: Are different than farm labors. MS. PHILLIPPI: Yes. Farm worker housing is different than migrant farm worker housing. They're two different categories of housing. Seasonal means, you know, like, for example, in Okeechobee -- MS. DEYO: Migrant worker or -- MS. PHILLIPPI: -- yeah -- they put up like a concrete building and divide it up and then they come and hose it down when they leave. But farm worker housing is the housing where a farm worker would live year round or when 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 6� w A 127 they're not on the road. MR. RANDALL: Well, it doesn't say that. It says, will encourage the provision of housing for -- MS. PHILLIPPI: Temporary, seasonal and migrant. MR. RANDALL: -- seasonal, temporary or migrant. MS. PHILLIPPI: So, they're asking you to put back into the downtown farm labor camps specifically is what they're looking for, the camps that are inspected by the Health Department on -- I don't know how often -- monthly or whatever. MR. RANDALL: Is there another way to say labor camp? MS. PHILLIPPI: It's called a migrant labor camp, so Uh -oh. Bill's over there -- CHAIRMAN FACUNDO: So, they're -- MS. WILLIAMS: Go ahead, Bill. CHAIRMAN FACUNDO: Hang on. Before the -- what they're asking is to leave Policy 1.5.2 as IS. MS. PHILLIPPI: And put it in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 12 A 1? CHAIRMAN FACUNDO: And put in to the Policy 6.1.4. My question was -- it says -- on the Policy 1.5.2, it says, such housing must meet the requirements of the General Commercial Zone District C4. So, there are some requirements they must meet. MS. PHILLIPPI: Uh -huh. CHAIRMAN FACUNDO: I wonder what those requirements are. What is it; like beautification requirements? Do we know? MS. PHILLIPPI: They're probably just setbacks and -- CHAIRMAN FACUNDO: Setbacks and some trees and so forth. So, they -- they tell you that. So, it's not -- MS. PHILLIPPI: Buffers and stuff like that. CHAIRMAN FACUNDO: Buffers and stuff like that. So, there's some -- some things, some measurable things that have been -- that's -- that's -- that has been established already. MS. PHILLIPPI: But we don't have a General Commercial Zoning District. We're proposing a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1,12 p12,z Mixed Use Commercial District. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: So, some of this language -- CHAIRMAN FACUNDO: So, this doesn't apply. MS. PHILLIPPI: Well -- CHAIRMAN FACUNDO: Would that be amended? MS. PHILLIPPI: We have to change the language around a little. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: But I think the key thing that you're missing is we want to have -- do we want to have migrant labor camps on Main Street? That's what we're saying here. CHAIRMAN FACUNDO: Okay. MR. RANDALL: What's the difference between a migrant labor camp and farm worker housing? What's the actual difference? CHAIRMAN FACUNDO: My understanding -- my understanding from this was farm worker -- farm worker, he -- he doesn't migrate. A migrant person works here from six months and he's gone six months, comes back. MS. PHILLIPPI: It's like a hotel thing. CHAIRMAN FACUNDO: A farm -- a farm worker could be a guy that works driving tractors all _, 1 6 ' 120_. 1 year round. 2 MS. PHILLIPPI: This block say may guide. 3 CHAIRMAN FACUNDO: So, that -- so, there is a 4 distinct difference. Even the Feds recognize the 5 distinct difference. 6 It could be a farm worker. I think they 7 even -- I don't want to put the landscaper in 8 there. 9 But there is a -- there is a distinct 10 difference between the two terms. That's my 11 understanding. 12 MS. PHILLIPPI: Legal. Legal. 13 CHAIRMAN FACUNDO: Right. 14 MS. PHILLIPPI: Two legal terms. 15 CHAIRMAN FACUNDO: Go ahead, Bill. Sorry. 16 MR. MCDANIELS: They're specifically defined 17 definitions. That's the difference. 18 And it goes back along to what I talked about 19 before and that's conflicts with our Master Plan 20 in relationship to the Florida Administrative Code 21 and the Land Development Code in Collier County. 22 Collier County has specific designations for 23 farm worker housing. 24 And then -- and then the FAC has specific 25 definitions for the transient and migrant -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ib 12 A212 4 migrant labor camps. Those are very specific definitions per this particular code. And that -- MS. PHILLIPPI: So, I think what they really want inserted back in here is migrant labor camps. MR. MCDANIELS: My only -- my only statement with regard to that is 6.1.4, the last sentence kind of, sort of, is the catchall, and that is, is that the -- you know, the -- these migrant labor housing provisions does not conflict with the Florida Administrative Code, does not conflict with the existing zoning or Immokalee Area Future Land Use Plan. I mean, so that's -- that's kind of the catchall bringing it back in. It says there that we're not going to conflict with the Florida Administrative Code. Those are defined over here as originally in the policy that exists, so -- MS. PHILLIPPI: Well, the Policy IOD -25 no longer exists. MR. MCDANIELS: And Jeffrey said earlier on, what's your end goal? Your end goal is to get this plan approved. And you're being -- inserting this language 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 back in, as has been suggested by the commissioner, kind of, sort of, already is when it's -- it says that the -- the code plan shall not be in conflict with the Florida Administrative Code. So, there's no harm in inserting this -- this specific language back in. Those are definitions that are in the Florida Administrative Code and you're saying you're not going to be in conflict with it already, so -- MS. WILLIAMS: But this is narrow -- but insertion is saying it specifically for C4; correct? Whereas, over here with our new Master Plan, it's kind of like it has to be in compliance with what's in existing zoning. So, we're -- we're actually given a little bit more leeway in the changed plan than we are with what's in existence now. MR. MCDANIELS: And necessarily, but this -- MS. WILLIAMS: Huh? MR. MCDANIELS: And necessarily, yes, Carrie -- MS. WILLIAMS: Yeah. MR. MCDANIELS: -- but the C4 designation for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161'2 ,A 12 the residential if it's an allowable use, have very specific criterion for setbacks and bufferings, and so on and so forth. So -- MS. WILLIAMS: So, he's wanting to be more specific? MR. MCDANIELS: I don't know what he wants to ^•• MR. RANDALL: Can I make a suggestion on those? MS. PHILLIPPI: You can make a motion. MR. RANDALL: I want to make a suggestion and see what everybody thinks about it and then I'll make a motion. I think we can change the wording a little bit on Policy 6.1.4 to include the language -- well, to include some of the language of 1.5.2 that they weren't in, which will not and kind of pop out like it's popping out. So, can we try this? Okay. I would move that we change Policy 6.1.4 to read as follows by stating, provided that such housing is consistent with transient housing -- no. Is -- is consistent with my -- with the migrant labor housing provisions of Section 64E -14 and transient housing or migrant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lb�� labor camps as defined by Section 10D dash -- MS. PHILLIPPI: No, no, no. 10D -25 is defined. It's replaced by 64E -14. That's why I was trying to -- MR. RANDALL: Well, then, just put it in writing. 2E MS. PHILLIPPI: Just put the words in a line? MR. RANDALL: Just put the words in a line, that these are -- they're all consistent with -- MS. PHILLIPPI: That's what I thought we did. I think we said seasonal, temporary or migrant. MR. RANDALL: Yeah, but why don't you give them the words that they want? MS. PHILLIPPI: Migrant housing to include? MR. RANDALL: Yeah. MS. PHILLIPPI: Okay. Is that your motion? MR. RANDALL: Yeah. MS. PHILLIPPI: To include -- MR. RANDALL: Including, but not limited to. MS. PHILLIPPI: Transient and -- MR. RANDALL: Consistent with transient housing, migrant labor camps, comma, migrant labor housing provisions of -- you have to put a the in there somewhere, provisions of Sections 64E -14. It is -- instead of making it pop out the way 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1642 A1,2 it's popping out, and I think everybody is aware that -- MS. WILLIAMS: Are we leaving the language as it is in the proposed Master Plan? MR. RANDALL: But adding. MS. WILLIAMS: But adding what? MR. RANDALL: But adding the words, transient housing, comma, migrant labor camps, comma. MS. PHILLIPPI: As defined in Section 64E -14. MR. RANDALL: Yeah. And migrant labor housing consistent with the provisions of Section 64E -14. MS. WILLIAMS: Well, that's pretty much what it says right now. MR. RANDALL: Yeah, I know, but it's not -- it doesn't pop out like this. It's not -- just throw those few words in. MS. PHILLIPPI: So, basically, it's just to -- MR. RANDALL: It's the same -- MS. PHILLIPPI: You're adding the words -- MR. RANDALL: But if it's written -- MS. PHILLIPPI: -- transient housing and migrant -- MR. RANDALL: It's just -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 � MS. PHILLIPPI: -- labor camps. MR. RANDALL: It's the appearance. So, I think we can go along with the suggestion. We're just changing the wording a little bit. MS. PHILLIPPI: Okay. Or adding to. MR. RANDALL: We're changing the -- MS. PHILLIPPI: Or adding to. MR. RANDALL: We're changing the location. MS. WILLIAMS: So, we're saying Collier County recognizes the need for farm labor to support the county's ag industry. Collier County will encourage the provision of housing for seasonal, temporary, migrant labor or transient housing? MR. RANDALL: No. Migrant farm workers provided that such housing is consistent with -- MS. WILLIAMS: Section 64E -14. MR. RANDALL: No. Is consistent with -- where am I? MS. WILLIAMS: Migrant labor -- MR. RANDALL: Transient housing or migrant labor camps as defined by section -- yes. MS. WILLIAMS: And then go on to say, and does not conflict with the existing governing districts or the Immokalee Area Future Land Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161h ,��p12 Map. MR. RANDALL: Yes. Okay. That's my motion. MR. ESTREMERA: I'll second it. MS. WILLIAMS: So, all you're doing is adding his verbiage of transient -- MR. RANDALL: Yeah. I guess giving him what he wants, yeah. MS. PHILLIPPI: Transient housing and migrant labor camps. MS. WILLIAMS: Okay. Those are the -- MR. CREWS: Those that are on Fifth Avenue, too? MS. WILLIAMS: Huh? MR. CREWS: Never mind. MS. WILLIAMS: No. What is the difference of transient housing? I know it's seasonal or temporary or migrant is, but what's transient? I mean -- MR. RANDALL: They come and go. Who knows? MS. PHILLIPPI: Well, we have a homeless shelter. CHAIRMAN FACUNDO: But the -- the Friendship House versus the -- MS. PHILLIPPI: They have a homeless shelter. That's pretty transient. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Jj 8,. CHAIRMAN FACUNDO: Let me ask you something. So, there's -- we're proposing this to be new -- MR. CREWS: Have we got a motion? MS. WILLIAMS: And we have a second. MS. PHILLIPPI: No. CHAIRMAN FACUNDO: Is there any part of this MR. CREWS: Have we got a motion yet? MS. WILLIAMS: And we have a second. I think we need -- MR. CREWS: I call for the question. Mr. Chairman, I call for the question. MS. WILLIAMS: I want to hear the motion read one more time so everybody -- CHAIRMAN FACUNDO: Read it. MS. WILLIAMS: -- understands the motion. CHAIRMAN FACUNDO: Read it. MS. WILLIAMS: Read it, Jeff. MR. RANDALL: All right. MS. PHILLIPPI: Collier County recognizes the need for farm labor to support the county's agricultural industry. Collier County will encourage the provision of housing for seasonal, temporary or migrant farm workers, provided that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 such housing is consistent with transient housing or migrant -- MR. RANDALL: No. Transient housing, comma, migrant labor camps MS. PHILLIPPI: -- comma -- MR. RANDALL: -- comma, or -- MS. PHILLIPPI: -- or migrant labor -- MR. RANDALL: -- migrant labor -- MS. PHILLIPPI: -- provision. MR. RANDALL: -- housing provisions of Section 64E -14, Florida Administrative Code, and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Map. MS. PHILLIPPI: Now, there may be one more policy that would come into play. There may be a Fed reg or a -- MR. RANDALL: If they needn't put that regs totally in -- MS. PHILLIPPI: Okay. MR. RANDALL: -- because we have to comply with the Federal regulations. MS. WILLIAMS: So, that's the motion we're voting on. MS. PHILLIPPI: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: All in favor? (A chorus of ayes.) MS. PHILLIPPI: One, two, three, four, five, six -- MR. CREWS: Well, I'm totally confused. All right. MS. PHILLIPPI: That's okay. (People talking simultaneously.) THE COURT REPORTER: Just a minute. I can't take two people speaking at the same time, so wait until someone is finished speaking before you jump in. MR. CREWS: I'll vote again. I'll vote yes this time. MS. PHILLIPPI: Okay. So, it's a unanimous vote. CHAIRMAN FACUNDO: Okay. MS. WILLIAMS: It's basically 6.1.4 of the Master Plan, proposed Master Plan, but we just added the transient -- MR. CREWS: I know what you added. I just wanted to make sure which way we was going. CHAIRMAN FACUNDO: All right. Item Number 6. MS. PHILLIPPI: Number 6, place a cap on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612Al2 nonresidential density- intensity at seven million. The density in CMU to the same as current, referencing Policy 6.1.10. Policy 6.1.10, nonresidential development. Nonresidential development in the Immokalee Urban Area will be limited to no more than 8.45 million square feet through the 2025 Planning Horizon. Nonresidential development includes commercial, retail, office, industrial, institutional and governmental buildings, but excludes hotels, motels, government subsidized, affordable or farm worker housing and development within the Seminole Reservation. Collier County staff will maintain records on the amount of nonresidential development in Immokalee and shall review and update as necessary the nonresidential development limit as part of the valuation and appraisal report process. So, if we put it in there at 8.45 million and I believe it was commissioner -- not Henning, but Hiller, who felt like that that was extreme. We're at five right now and she felt like that was extreme, so somehow they compromised at seven million. And, so, Commissioner Henning included this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 in his recommendations. MR. CREWS: We need to add to the end of that thing, square feet. MR. RANDALL: Yeah. MS. PHILLIPPI: In fact, 8.45 million -- MR. CREWS: And I make a motion we accept the seven million square feet. MS. PHILLIPPI: Okay. CHAIRMAN FACUNDO: Okay. Can I get a second? MR. CREWS: Thank you, sir. MR. RANDALL: You're welcome. CHAIRMAN FACUNDO: All -- any discussion? THE COURT REPORTER: Who was the second? CHAIRMAN FACUNDO: The second was Jeff -- MS. PHILLIPPI: Jeff Randall. CHAIRMAN FACUNDO: -- Randall. MS. WILLIAMS: Now, can I ask you a question? Did Bob Mulhere review those? That's okay with that? MS. PHILLIPPI: Yes. MS. WILLIAMS: Okay. All right. MS. DEYO: I have a question because it was also reducing the density in the area. CHAIRMAN FACUNDO: Can you speak up? MS. DEYO: That would be a second part of it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 k12 You know, reducing the square footage of nonresidential was part of it. The other part was reducing the density -- MS. PHILLIPPI: The CMU back to the present, you're correct. So, in Commercial Mixed Use -- yeah, that was a two piecer there. The -- the Commercial Mixed Use density area, we wouldn't be able to do as much density and reduce it back to what it is right now. MS. WILLIAMS: Okay. Bill, did you have -- did I miss something there? MR. MCDANIELS: You did. My question is this. Was there any data in the analysis done with the suggested changes to the square footage other than Georgia Hiller proclaiming that 8.45 million is excessive? MS. PHILLIPPI: I think you already know the answer to that. MR. MCDANIELS: Okay. So, my -- my question to you is, or my suggestion to you is, there is information. This is all based on population and estimations of population. There are other models that are available that can offer advice as to necessary commercial 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 12 p and industrial square footages based upon estimations of population -- MS. PHILLIPPI: Uh -huh. MR. MCDANIELS: -- other than that that's available to you in the fewer numbers -- one second, Floyd. MR. CREWS: I'm waiting on you. MR. MCDANIELS: Are you waiting on me or just -- MS. PHILLIPPI: Well, if I can interrupt you one second. Her point was that it was based on 2008 numbers, which were the best numbers we had at the time. MR. MCDANIELS: Right. MS. PHILLIPPI: And that in fact the population has decreased, not increased as projected by our data and analysis. MR. MCDANIELS: Right. But -- but -- MS. PHILLIPPI: -- so -- MR. MCDANIELS: -- but we're all -- and we've all got into this knee jerk reactionary circumstances what's prevailing today is in fact going to go on forever. MS. PHILLIPPI: Right. MR. MCDANIELS: And we have to go forth and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ale persevere. MS. PHILLIPPI: Right. MR. MCDANIELS: There is another model out there. It's Collier Interactive Broke Model, and you all know I was chair of that oversight committee forever. The impetus of that model came out of the East 951 Horizon Study. Dr. Van Buskirk is a phenomenal source for you to talk to with regard to your population estimations and your necessities for commercial and industrial square footage. And, so, it would be my -- I'm assuming that this 8.45 million square feet that's in the plan today came from somewhere. Bob Mulhere didn't just pick that number. So, I would suggest -- now, again, at the end of the day it's all based on population. This -- this can, in fact, all be modeled or changed as populations, in fact, change. But if you're at five now and they want seven, but I would really recommend that you that you look at the population model that's -- that's been developed by Dr. Van Buskirk. He's done it specifically for this overlay with regard 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161x. to your population estimations. MS. PHILLIPPI: Can you e -mail us that link or -- or -- MR. MCDANIELS: Yes. MS. PHILLIPPI: -- at least his information? MR. MCDANIELS: I'll be happy to give you contact information. MS. PHILLIPPI: And I think that you're right. I think that if this is the compromise, then if the plan should pass, we could jump right on that. MR. MCDANIELS: If -- if you -- if this is their conflict, if this is the compromise is moved it from 8.5 to seven, excepting that it's a raise from the five that you, in fact, have, but there's specific data in the analysis that you have available that will allow you to pinpoint based upon population estimations so you don't put yourself in a trick box if your population were to increase again and you wouldn't have the necessary commercial and industrial square footage. So -- MS. PHILLIPPI: So, it's a two prong -- MR. CREWS: But we can amend it later. MR. MCDANIELS: Yes, sir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 L2 °A 12 MR. CREWS: So, let's stick with the seven now. MR. MCDANIELS: Stick with the seven now that there's -- there's this -- MS. WILLIAMS: There's more to it than density and use the same -- the same as current. MR. MCDANIELS: That's the -- that's the -- that's -- that's where I was going. This is number six as one, but there's -- this is a -- MS. PHILLIPPI: There's a six parter. MR. MCDANIELS: There's a 6A and 6B. Be careful not to put yourself in a trick box. MS. WILLIAMS: Yeah. CHAIRMAN FACUNDO: Okay. MS. WILLIAMS: We have no problem reducing it to seven, but maybe leave the -- don't change the density to CMU. I'm going to change it to what it is now. Leave it, what's in the proposed plan. The proposed plan calls for a plan that what's the density? MS. PHILLIPPI: I don't know. I don't know. MS. WILLIAMS: What is -- what's the CMU now? MS. PHILLIPPI: It's nonresidential density, so that was the nonresidential piece, but you're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161,E !, Irl, A right. The trick came in when they said the density in the CMU to remain current. I assume they were referring to nonresidential. So, they are. So, do you want more density in the downtown Commercial District? Not -- I guess we can't answer that question. I don't know the answer to that. Do you know the answer, Brad? So, you could probably just vote on half of it, half of the question. But if you know that the density -- MS. WILLIAMS: I'll change it to seven but strike out MS. PHILLIPPI: See, I thought it was all the same. Sorry. My mistake. CHAIRMAN FACUNDO: So, what are we doing? Are we going to vote for half of it then or make a motion or -- MR. RANDALL: Would somebody explain to me, because I had stepped out of the room? MS. PHILLIPPI: Well, to change the density -- the nonresidential density from 4.5 million to seven million, that's a pretty easy do. But the second part of it was the density in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16143,Al2 the CMU should remain as it is currently as opposed to what was proposed. So, it would have to look up what was proposed to know that. And that was 6.1.10. MS. WILLIAMS: Can I make a motion that we take a break, just three minutes, five minutes? MR. WALL: I'll second the motion. (A recess was had.) MS. PHILLIPPI: Okay. Back to the issue, the nonresidential development and all that. I think that part one, place the cap on nonresidential density and intensity of seven million, you can vote on it. Floyd has made the motion, Jeff seconded it, and then we'll talk about the second part of that. So, you want to do the vote on that one sentence? CHAIRMAN FACUNDO: Who made the motion? MR. CREWS: I did. CHAIRMAN FACUNDO: Okay. For the first part of it and he seconded it. Okay. Does everybody understand what the motion was? MS. WILLIAMS: Yes. CHAIRMAN FACUNDO: Okay. All in favor? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 L?,140 (A chorus of ayes.) MS. PHILLIPPI: Anyone opposed? CHAIRMAN FACUNDO: Anyone opposed? MS. PHILLIPPI: So, seven -zero. You've lost one of your folks. Julio had to leave, so seven to zero. CHAIRMAN FACUNDO: Seven. MS. PHILLIPPI: So, we still have a quorum. MS. WILLIAMS: That's for the seven million; right? MS. PHILLIPPI: You didn't oppose that, did you? MS. WILLIAMS: No. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: So, the second part of this says, the density and the CMU to the same is current. So, I found the chart. The density and the CMU currently is 133.6, which is four units per acre. Correct? And -- and then at the end of it, it becomes negative. Once you -- once you -- because -- because what they did when they did the density for the whole urban area, they upped it in some areas and they lowered it in other areas. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 12 A1112 And the downtown is actually lowered, so it's negative. What -- what I'm saying to you is, if you put that back to normal, we're going to have to recalculate the whole thing because they set it up so it would balance the density throughout. I don't know how else to explain it. I'm happy to pass this around, but it's actually negative. It's somewhat less. MS. WILLIAMS: So, would we have to take the density back to all over Immokalee Urban Area -- urban area to what it is now? MS. PHILLIPPI: And recalculate it. MR. RANDALL: In -- in what -- MS. PHILLIPPI: So, in some areas -- MR. RANDALL: So, what are we -- MS. WILLIAMS: -- they upped it -- MR. RANDALL: -- proposing -- MS. WILLIAMS: -- in other areas they lowered it to make the balance, so -- MR. RANDALL: What are we proposing now that would change -- MS. PHILLIPPI: Well, this -- MR. RANDALL: -- the existence? MS. PHILLIPPI: -- the second one says, put 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161, 4 ` 4 the density in the CMU, which is the Commercial Mixed Use District, the pink right up through the middle, put that back to what it is currently. MR. RANDALL: Right. But I'm missing something. MS. PHILLIPPI: Well, do you want to look at this chart because it's actually a negative? MR. RANDALL: It says -- so, right now I'm looking -- I'm reading Number 6. Place the cap on nonresidential density- intensity -- MS. PHILLIPPI: No. We already voted on that. MR. RANDALL: We voted on that. MS. WILLIAMS: Yeah. Right. MR. RANDALL: And that's done. The density in CMU to the same as current. MS. PHILLIPPI: I forgot you couldn't see colors, but -- MR. RANDALL: But what -- no, but when you say the density in the CMU is current -- MS. PHILLIPPI: This. MR. RANDALL: -- are they saying, leave it the way it is? MS. PHILLIPPI: What it is currently. MR. RANDALL: Okay. And what are we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A`1'2 suggesting? MS. PHILLIPPI: We suggested a complete rewrite of the density across the urban area. In some parts we upped it and some parts we lowered it and to make the balance. So, actually, what is proposed in the downtown is a decrease. So, if you put that back to current without calculating the rest of it, it throws everything out of whack as far as density is concerned. So, I -- I don't know how you're going to -- MR. WALL: I'm going to make a motion that we keep the current language for the CMU. MS. PHILLIPPI: The current language in its proposed plan or in the current plan? MR. WALL: Proposed plan. MS. PHILLIPPI: Okay. MR. RANDALL: Second. CHAIRMAN FACUNDO: Any discussion? All right. Let's vote. All in favor? MR. CREWS: Well, wait a minute. I've got a question about this. MS. PHILLIPPI: Wait a minute. We have a question. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4_ AE ' MR. CREWS: We're going to put it back to what we've got now. Is that raising the density or -- MS. PHILLIPPI: We're not putting it back. He made a motion to keep the language as he said right now. MR. CREWS: But does it change it up? Where is that? MS. PHILLIPPI: The CMU is the top one across the board of the chart. So, this was -- okay. So, Jeff made a motion -- MR. WALL: When I made -- MR. RANDALL: I seconded it. MS. PHILLIPPI: Okay. For me, Jamie made the motion? CHAIRMAN FACUNDO: Yeah. MR. WALL: That if we put it back to the current, all of the work that we went into calculating it into the proposed, it's thrown out. MS. PHILLIPPI: Exactly. MR. WALL: And I guess part of this is -- it's not a bad plan and there's a lot of work that went into it. MS. PHILLIPPI: So, did you call the vote? CHAIRMAN FACUNDO: Yes. I already did. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 2AIZ45 $ MR. RANDALL: Do it again. CHAIRMAN FACUNDO: All in favor? MR. CREWS: I don't know. MR. WALL: You can abstain. MR. CREWS: But I'm not going to say no. I'm just going to say I don't know. CHAIRMAN FACUNDO: You're going to sit -- you can abstain. MR. WALL: You can abstain. MS. PHILLIPPI: Well, if he abstains, then you -- you lose your quorum. MR. WALL: Well, then vote no. Vote no. MS. PHILLIPPI: All right. Six and one abstention. CHAIRMAN FACUNDO: Okay. So, there's no opposed then. MR. WALL: Right. MS. PHILLIPPI: Okay. Oh, my Lord. CHAIRMAN FACUNDO: All right. We're moving. The -- MS. PHILLIPPI: Number 7. Does anyone object to the hurricane policy? MR. CREWS: I've got to think about that awhile, Penny. CHAIRMAN FACUNDO: The hurricane policy? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1111'4 MS. PHILLIPPI: There's -- Commissioner Henning was concerned that State Road 29 is a hurricane evacuation route. We -- and he was concerned that if we had more density on there, that it would somehow mess that up, so Bob put together this policy that we could add to the Proposed Master Plan to say there will be no change in State Road 29 in the Immokalee Urban Area that would result in a reduction of capacity until an alternative route and funding for said route are identified. State Road 29 will remain subject to concurrency until said route, with an E, and funding are available. MR. RANDALL: I'll move to accept it. MS. PHILLIPPI: Good. CHAIRMAN FACUNDO: Okay. Do I get a second? MS. WILLIAMS: Second. CHAIRMAN FACUNDO: All right. Discussion. MR. WALL: I just want to make one comment just in this -- just for information. The Statewide Economic Development Counsel, and I know were there in Collier County, the -- the statewide parent program has -- has developed a Hurricane Disaster Business Recovery Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A712 The SPDC -- Julio is not here -- is -- is going to do that, so there is a plan, at least for business recovery, that I could share with you for Collier County. MS. PHILLIPPI: I would like to see that very much. MR. WALL: Yeah. And that's just an FYI. MS. PHILLIPPI: Thank you. MR. MCDANIELS: This goes against everything that Randy Johns said earlier on with regard to don't take our stuff, don't take our land rights. The language that's in here, ladies and gentlemen, if there's a proposed use change on State Road 29 that exists within the urbanized area, and if one trip adds to the capacity or takes away from the capacity, they've got an automatic denial, one trip increase. MS. PHILLIPPI: What does that mean? MR. MCDANIELS: If the -- if somebody wants to do a change somewhere here on State Road 29 within the urbanized area, and it increases the traffic capacity or reduces the traffic capacity by one trip, automatic denial. Talk about a taking. MS. PHILLIPPI: Denial of of what? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MCDANIELS: Denial of the application request. If somebody wants to increase the density or put a gas station that's not allowed on State Road 29 and it's going to generate per the TIS, the Traffic Information Services -- MR. WALL: Even this is a -- a hurricane policy? This is a disaster policy. MR. MCDANIELS: I understand the premise. The leading language, Jim -- I think it's Jim -- MR. WALL: Yeah. MR. MCDANIELS: The leading language has validity. But the language that's -- that is being suggested here is a bona fide taking, bona fide taking. MS. PHILLIPPI: Well, what -- that they were -- MR. MCDANIELS: Now, the premise behind having -- now, if -- I don't mean to interrupt. MS. PHILLIPPI: No, it's okay. MR. MCDANIELS: The premise behind having a hurricane route is all well and good and it's necessary, but if you accept that language and Floyd has property that fronts on State Road 29 that -- that increases -- or increases traffic by c j- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 12Al2 one trip, that reduces the capacity, his -- he can have an automatic reduction. CHAIRMAN FACUNDO: But how is that -- MR. RANDALL: The traffic capacities -- MR. MCDANIELS: Right. MR. RANDALL: -- are based on service areas. You know, I don't know, whatever; A, B, C, D -- MR. MCDANIELS: That's correct. MR. RANDALL: -- whatever it is, one trip is not going to increase or decrease whatever was there. MR. MCDANIELS: But that's not that language says, Jeffrey. If it says that it reduces the capacity, that the capacity is reduced -- MR. RANDALL: The capacity does not mean by one trip. They -- they have service areas. They have levels of service on those -- MR. MCDANIELS: LOS that's called, correct. That it should specify -- the language should specify. Now, changing a LOS, I buy into, but this is talking about a reduction in the capacity of State Road 29. This language says a reduction in the capacity. If you have a change in the LOS from a D to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 150 ■i i 4-. X612 an E or from a B to a C or whatever, okay, that could have an issue with your hurricane passage. MR. RANDALL: Yes, it does. MR. MCDANIELS: But this is specific language that says change reduction in capacity. MR. RANDALL: The way you're reading it -- MR. WALL: Could you suggest -- MR. RANDALL: -- is a real stringent reading. MR. WALL: Could you suggest to make it more palatable? MR. MCDANIELS: There was a -- I mean, never change it from a -- change it from an LOS. That would be the only way. Find out what is the LOS minimum requisites for a hurricane traffic route in the first place or -- or -- or an evacuation route in the first place. What's your minimum requisites? I don't know. I don't know what they are. MR. RANDALL: I wouldn't worry about the word capacity. I mean, I understand what you're arguing. MR. MCDANIELS: I'm not arguing. I'm just telling you. I mean, you're talking -- Jeffrey, you're talking about inserting new language into this and all this other stuff encumber vision to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 I Zi policies from old to new. This -- this right here -- MS. PHILLIPPI: But it doesn't say hurricane anywhere. MR. MCDANIELS: And these shouldn't -- MS. PHILLIPPI: I mean, I just put that in. MR. MCDANIELS: -- have anything to do with it. THE WITNESS: Oh, okay. MS. PHILLIPPI: It's really just -- MR. RANDALL: You want more specificity. Well, that's what you want. MR. MCDANIELS: I don't want it. MS. PHILLIPPI: Okay. But let me -- MR. RANDALL: Could you suggest -- CHAIRMAN FACUNDO: All right. MS. PHILLIPPI: Let me say one thing. I put hurricane there because that's when the language -- that's how the conversation come up. Standing by itself, it's not a hurricane policy. MR. WALL: Right. MS. PHILLIPPI: It's simply there would be no change in State Road 29 urban area. MR. MCDANIELS: Reduction of capacity. Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 &12 MS. PHILLIPPI: So, if some -- I guess if somebody wanted to build an industry, a used car lot or something, on Main Street and that generated -- that generated another hundred trips onto State Road 29, would that constitute a reduction in -- and -- and that isn't even what they were talking about. What they were really trying to get at, I could tell you, is we talked about if somebody wanted to come in and do a -- what -- what did we call it? What is that; TMS, TES, TEA? MR. MCDANIELS: TIS. MS. PHILLIPPI: Transportation concurrency something. We talked about it. Somebody wanted to come in, a business, an industry, and hire a hundred people, and then transportation made them do their study and said, okay, you're going to have to -- you're going to put another hundred cars on the road; therefore, you need to widen the road, pay for the curb cut, put in a light and all this stuff -- CHAIRMAN FACUNDO: Correct. MS. PHILLIPPI: -- and spend a lot of money. And they go -- well, the buyer, we're not going to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 153 � 2 do all that. So, we said we were going to study the three different ways to see how we could help that business come to Immokalee and maybe set that aside for a year or two, let them pay into it, transportation concurrency, a pot of money or something like that. That's how this conversation came up. So -- and -- and it was led into by that hurricane business. So, I think it was the TOGA, transportary (sic) -- transportation concurrency, whatever it was that got this whole conversation going. MR. RANDALL: In any event, I want to just throw out, and perhaps we can add to this language that will result in a reduction of the level of service area capacity. MS. PHILLIPPI: Level of service capacity. MR. WALL: And if I could just clarify, too, that whenever -- and we deal with this is that, you know, this is a hurricane policy? Is that -- MS. WILLIAMS: No. No. CHAIRMAN FACUNDO: It's not. MS. WILLIAMS: Ignore that. MR. WALL: Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1611 A1214 MS. PHILLIPPI: Well, I mean, that's how it got led into, so that's what I put in parenthesis. It's a hurricane issue. MR. WALL: Okay. MS. PHILLIPPI: It's a hurricane issue. MR. WALL: Okay. Okay. Thank you. MS. PHILLIPPI: So, in other words, they didn't want a bunch of -- of businesses built up on Highway 29 because it would screw up the hurricane route. MR. WALL: Makes sense. MR. OLESKY: Tell them to go north on 75 and it will get you over there. MS. PHILLIPPI: So, Jeff, the motion was there will be no change in State Road 29, the Immokalee Urban Area that would result in -- MR. RANDALL: A reduction. MS. PHILLIPPI: -- a reduction of level of service capacity? MR. RANDALL: Yep. MS. PHILLIPPI: Until an alternative route and funding for said route are identified. State Road 29 shall remain subject to concurrency until said route and funding are available. MS. WILLIAMS: Can you put -- what if you put 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 �i&5s in there alternative route and /or funding for said route? MS. PHILLIPPI: Well, that was the whole issue. MR. RANDALL: Well, you're going to have both. I mean, it's -- I mean, you going to have to have both. MS. WILLIAMS: At least. MR. RANDALL: I mean, it's -- I mean, you're going to have a -- MS. WILLIAMS: Well, if it's -- MR. RANDALL: You're not going to have the alternative route. Or you can have this as an alternative route, but you don't have funding or we have funding but we don't have an alternative route. It's an either /or. I mean, they're not going to change it unless you have both. I'd make it both. MS. PHILLIPPI: So, State Road 29 would be an alternate -- MS. WILLIAMS: Right. That's what I'm saying. MS. PHILLIPPI: But there's no funding for it and there won't be until 2035. MS. WILLIAMS: Yeah. Well, then, that kind 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A126' of inhibits your development, correct, because you can't do anything at all until we can say we have the -- the route suggested. We're waiting for funding, so it wouldn't stop growth. If you put this in here, then you're stopping any changes, right, any growth? MS. PHILLIPPI: Well -- MS. WILLIAMS: I don't -- MS. PHILLIPPI: -- because State Road 29 is already failing. I mean, they do their tests during the summer when we don't have a lot of people here. But it's like Lake Trafford Road failed and that's why they came and did that thing at the intersection so that it would no longer be a failing road. So you could turn easily and there won't be that big bottleneck. So, we're -- we're that close to being over capacity already. And -- and this will push us. MS. WILLIAMS: Right. CHAIRMAN FACUNDO: Yeah, but here -- here's -- but if the road fails and the development comp says I want to open shop in this property, I don't think legally they could deny you, but they're going to make these provisions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 ,Al2 for you. MS. WILLIAMS: So, about what -- CHAIRMAN FACUNDO: So, you could be able -- but we're going to say you have to -- turn lanes -- MR. RANDALL: Well, make the developer pay for it. CHAIRMAN FACUNDO: But that's what I'm saying. So, you're -- MS. PHILLIPPI: Which is what they do now. CHAIRMAN FACUNDO: Right. I mean, we have to go through the same process I don't know how many times we take $100,000 for a turning lane. So, what -- MS. PHILLIPPI: Bill is up again. MS. WILLIAMS: Yes. CHAIRMAN FACUNDO: So, what -- so, what are we trying to achieve for -- that we don't -- that they don't have to pay for that turn lane or what? MR. MCDANIELS: No. They have to pay for that turning lane no matter what. CHAIRMAN FACUNDO: Well, what -- what are you -- what are you getting at? MR. MCDANIELS: Where we're getting at is, is it is a complete stymying of growth for Immokalee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2 158 MS. WILLIAMS: Exactly. MR. MCDANIELS: Even if you had the language in for the LOS, which could, Jeffrey, be the specific definition for capacity purposes, what you're doing, the LOS of State Road 29 right now is B. And it's a level of service B. Once it -- once you get to that threshold to come to C, you prohibit any other development in your community for and until the alternative route and funding is in fact put in place. Done. CHAIRMAN FACUNDO: I don't know about that. MS. WILLIAMS: You don't want to do that. MR. RANDALL: You don't prohibit anything. CHAIRMAN FACUNDO: I don't think so. MR. RANDALL: I mean, it's all subject to discussion. (Several people talking simultaneously.) MR. RANDALL: I mean, they may know -- MS. PHILLIPPI: Sam, it does inhibit. It does inhibit. MS. WILLIAMS: It does inhibit. CHAIRMAN FACUNDO: It does? MR. MCDANIELS: Yes, it does. MS. PHILLIPPI: I don't mean to -- (Several people talking simultaneously.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A.,12 " MR. MCDANIELS: Jeffrey -- CHAIRMAN FACUNDO: Inhibit but not prohibit. MR. MCDANIELS: -- I go -- I have a mining company. And I'm citing a specific example. If you -- there are specific languages in the -- in the code, when I'm opening up a new mining operation and going to dump 200 loads a day onto that road, if I drop the LOS, I'm specifically prohibited from doing it until the funding and /or the capacities of the road are raised, sufficient so that mine use will not degrade the existing LOS period. And they do it in shopping centers, the fellows that did it in Alico prior to Alico's expansion. MR. WALL: Let me say this. If we're -- if we're compromising, I mean this is a deal killer? MS. WILLIAMS: Yeah, but you're killing growth. MR. WALL: Because our deal is to get this passed, and I don't believe that is an item that they're going to say, oh, we're not going to pass the Master Plan because they didn't indite or do anything. MS. PHILLIPPI: I can't predict. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 I c A i2 MS. WILLIAMS: I would think that they already served their -- they -- already level of service is issues on the state level; right? MR. MCDANIELS: Correct. MS. WILLIAMS: So, why are we making another policy? I would say reject this policy. There's -- there's -- there's verbiage in place as it is now with the state as far as level of service. We're not going to reinvent the wheel. MR. WALL: And even -- even if you want to, if this is a disaster thing we can -- we can -- MS. WILLIAMS: If it's a disaster -- MR. WALL: So we can refer to the -- the economic development disaster. CHAIRMAN FACUNDO: All right. Well, there was a motion obviously and I forgot what that was, but -- MS. PHILLIPPI: The motion was to accept this change, seconded by Carrie -- MS. WILLIAMS: This is for discussion. MS. PHILLIPPI: -- with some amended language. MR. RANDALL: I'll withdraw -- MS. WILLIAMS: I'll withdraw my motion. CHAIRMAN FACUNDO: Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16! i6,Al2 MR. RANDALL: I'd withdraw my second. CHAIRMAN FACUNDO: So, what's the -- what's the -- MR. CREWS: Why don't you leave it like that and we'd all vote no. CHAIRMAN FACUNDO: What's the new motion? MS. WILLIAMS: That we reject the -- CHAIRMAN FACUNDO: That we reject -- MR. RANDALL: Wait, wait, wait. Can someone find out what the state says about evacuation routes as level of service, because if we can go to the board and say we took this out because it is either inconsistent with the state language or it's already covered by the state. MR. MCDANIELS: It's already covered. MS. WILLIAMS: I would say it's already covered by the state. I'll make that motion. MS. PHILLIPPI: I'll do the research, Jeff. MR. RANDALL: Yeah. So, let's take it out and see what happens based on getting some language -- for giving them language saying it's already covered. COMMISSIONER COLETTA: Penny, when the state gets the plan, when it goes to them and it gets passed and goes to them for adoption, they're not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 16? Al" going to approve something contrary to their own statutes and their own planning. MS. WILLIAMS: Right. COMMISSIONER COLETTA: They'll send it back for a -- they'll go make that as one of their requirements for a change. We don't know what they're going to do. MR. MCDANIELS: No. MR. RANDALL: So, let's take it out. MR. MCDANIELS: Basically what you're saying is, is it's already covered by the state. I don't -- MS. WILLIAMS: We can basically say that. We're making a motion to remove it because this issue is already covered by the state. MR. RANDALL: Yeah, but what I wanted to be able to do when we're there and to go through these things, and someone says, well, I'm not going to pass it because you didn't put this in, I want to said or have somebody say, it's -- here -- here's the language from the state that's already covered, it's not necessary, it's redundant, we don't need it or it's confusing or whatever. MS. PHILLIPPI: I'll do that research, Jeff. MR. RANDALL: All right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I;lJ� CHAIRMAN FACUNDO: So, is there a motion? Somebody made that to eliminate it and -- MS. PHILLIPPI: New one. CHAIRMAN FACUNDO: -- a new one. MR. RANDALL: I'll make a motion -- CHAIRMAN FACUNDO: Okay. MR. RANDALL: -- to not include Item Number 7. CHAIRMAN FACUNDO: Okay. Do we have a second? MR. OLESKY: Second. CHAIRMAN FACUNDO: All right. Any discussion? Let's vote. All -- MS. PHILLIPPI: Go ahead. CHAIRMAN FACUNDO: All in favor? (A chorus of ayes.) CHAIRMAN FACUNDO: Any opposed? MR. RANDALL: Are you still thinking, Floyd? CHAIRMAN FACUNDO: All right. Number eight. MS. PHILLIPPI: Yea. CHAIRMAN FACUNDO: We're almost there. I know the court recorder is very happy and the video- tographer (sic) is very happy. They're asking us to remove or modify Policy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A 164 4.2.2 and 4.2.3. And these are the long -range transportation improvements. Collier County will explore the possibility of accelerating the implementation of the MPO's Long -Range Transportation Plan, subject to funding available -- available funding as a precursor to initiating new investment in the Immokalee area. In particular, the county will support and encourage, number one, the FDOT in widening of State Road 82 between I -75 and 29 as a first step to improving transportation, the building of the 29 bypass route to create direct access to State Road 82 and 29 from the airport, from -- access to State Road 82 and 29 from the airport and the Tradeport, the FDOT to improve road conditions along state owned roads, the creation of new or expansion of existing transportation corridors that will improve access between Immokalee, City of Naples and Coastal Collier County. And I think they're referring there to what, Boy Scout Road or one of those other roads? The creation of new collector roads, including -- there is it is -- Little League Road near the extension -- extension near Lake Trafford to handle increased future population growth and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 "Al2 traf f is . 4.2.3 access from Immokalee Airport to the future State Road 29 bypass, Collier County will coordinate with FDOT and of landowners and other stakeholders to identify one or more preferred routes to connect the airport in the future State Road 29 bypass subject to Policy 1.1.1, funding availability. MS. WILLIAMS: The biggest problem with that thing is -- that verbiage, everybody has a problem with the bypass route. I mean, that's what you hear, right? So, what if we change like in bullet point number two the building or expansion for SR 29 to create a direct access to SR 82 and SR 29, so therefore you're not stating a bypass. You just take that word, bypass, out. And then at 4.2.3, we just identify one or more preferred routes to connect to the airport period. We don't say anything about a bypass. MR. OLESKY: Sounds like he wants to shut down the airport. MS. WILLIAMS: No. I mean, the biggest thing is the by -- when you say bypass here, everybody goes crazy. So, just -- we're -- we're saying we i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � 166 16 1 f� want a route to the airport. We're just not saying we're going to bypass. MS. PHILLIPPI: Well, my recommendation is to remove both those policies simply because we're going to support a bypass. The -- the -- to me the most valuable line in there is the creation of new collector roads including Little League extension. MS. WILLIAMS: Yeah. I believe that -- MS. PHILLIPPI: That's -- that's the most valuable thing that's in there as far as I'm concerned because FDOT is going to continue to come to the CRA and ask what is your opinion of the best route, here's what we're doing now. And -- MS. WILLIAMS: Well, I think the -- the thing, too, the creation of newer expansion of existing transportation corridors and improved access to Immokalee. MS. PHILLIPPI: Yeah. That's true. That's true. MS. WILLIAMS: The only thing that people are having a problem with the bypass. MS. PHILLIPPI: The loop road. MS. WILLIAMS: So, just remove that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 7 particular verbiage. Just say, the building or expansion of SR 29 to create access to 20 -- to 82 or 29 from the original airport. You're not saying a bypass. You're saying we're going to expand and we're going to build a road, but we're not -- we don't know where it's going to go. MS. PHILLIPPI: Well, we said we're going to support that. MS. WILLIAMS: Right. That's all it says. MS. PHILLIPPI: We never said we're going to build the roads. MS. WILLIAMS: I know, but -- MS. PHILLIPPI: I'm not -- MS. WILLIAMS: -- everyone has a -- you know, a fit about it because you say bypass. So, you're not saying -- we're not saying that we don't -- I think there should be a road connected to the airport. But just take the verbiage out where it says bypass. We're looking for an alternative route. MR. RANDALL: That's a good compromise. MS. PHILLIPPI: Just tell me what to put in there. Tell me the verbiage again, if that's what we're going to go with. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161e A128 MS. WILLIAMS: I don't know. I'm just -- MS. PHILLIPPI: So, 4.2 is explore the possibility of accelerating the implementation of MPO. MR. RANDALL: Let me ask a question. MS. PHILLIPPI: The county will support and encourage. MR. RANDALL: Listen to me. This talks about what the county -- that we support the county doing -- MS. PHILLIPPI: This is a comprehensive plan for Collier County. MR. RANDALL: State Road 29 is not under our jurisdiction. MS. WILLIAMS: Uh -uh. MR. RANDALL: If -- if -- if the Florida Department of Transportation comes in and says, hey, listen, we're making it like this, would they say whether you like it or not? Or what would they -- I don't know. What would they do? MS. WILLIAMS: They -- they have a -- right now you go on line and you give your comments of where you would like to see it. MR. RANDALL: Yeah. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1611-641'6' MS. WILLIAMS: But as far as the -- the bottom line is the State of Florida is going to decide where that bypass goes. MS. PHILLIPPI: And they're doing a -- MS. WILLIAMS: Yeah. MS. PHILLIPPI: -- right now to determine that. MR. RANDALL: Now, what difference does that -- MS. PHILLIPPI: But what FDOT said to me when -- when Ski's friend came to visit us -- what -- what was her name again, Ski? I can't think of her name. From Bartow. She said was, they're going to do what they want to do unless the community comes together as a whole and says, this is our preferred route. Then they're going to pay attention to what you're saying. Otherwise, it's going to be based on their studies and their analysis. So, if they don't get input from the community, yes, they're going to do pretty much whatever they want -- CHAIRMAN FACUNDO: And this gives us -- MS. PHILLIPPI: -- to decide is best. CHAIRMAN FACUNDO: This give us our voice. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 ki t� MR. RANDALL: My suggestion is, and I think you're the one who said it, Penny, is the only thing we should leave in is the creation of new collector roads. It's us. It's our population growth, isn't it, and the state really has nothing to do with it perhaps? MS. PHILLIPPI: Well, as -- as Mike just said, if we completely remove it we remove our voice. CHAIRMAN FACUNDO: Then we have to say so and then they can -- MS. PHILLIPPI: Input to FDOT. CHAIRMAN FACUNDO: -- do whatever they want to do. I think that's the whole purpose why they had put this in there. I think it was sort of misconstrued in thinking that we're trying to build one because I remember vaguely that there were -- one of the commissioners said, oh, we're going to have to pay all this money to -- to build this, and that's not the case. We're not building that. MS. PHILLIPPI: We can't. We don't have -- CHAIRMAN FACUNDO: We don't have no money. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 N A,12 We acknowledge that. MS. PHILLIPPI: We don't have that kind of -- CHAIRMAN FACUNDO: But we're trying to make provisions so we're able to have a voice when it does happen in 2035. MR. RANDALL: Got you. CHAIRMAN FACUNDO: So, I think it's just coming -- coming to a solution what Carrie said. MS. PHILLIPPI: So, would we support the widening of State Road 92? MR. CREWS: Hang on a minute. UNIDENTIFIED SPEAKER: Sure. CHAIRMAN FACUNDO: Absolutely. MR. CREWS: One thing -- one thing that we need to put in this thing is not only to I -75, but we also need to extend this road to 27. With all that is said in widening it at 82 between I -- I -75 and 29, and we also need to have 29 widened to State Road 27 or Federal Road 27. State Road -- MS. PHILLIPPI: State road. MR. CREWS: -- 27. That -- that whole thing needs to be four -laned to give us a four lane to go to -- MS. PHILLIPPI: So, they're saying, work it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 I d-,14,= out, support -- MR. CREWS: -- that way, that way and this way. MR. OLESKY: That would take care of this hurricane evacuation right here. MS. PHILLIPPI: We go -- what we're saying is we're going to support -- MR. CREWS: Thirty years ago I saw a hurricane evacuation route that was supposed to improve these roads and it hadn't done it yet. MS. WILLIAMS: So, you're saying the Florida Department of Transportation isn't widening SR 82 between I -75 and SR 29 and -- what was the road? MR. CREWS: We need to do 29 to Highway 27. MS. PHILLIPPI: Oh, no. Bill's up again. MS. WILLIAMS: Okay. Why don't we -- why don't we just say the Florida Department of Transportation in widening and -- or just say it -- go ahead. Florida Department of Transportation -- MR. RANDALL: In the widenings of SR 82 between I -75 and SR 21 in between. MR. MCDANIELS: 29. MR. RANDALL: -- 29 and between SR 29 and the -- SR -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 MS. WILLIAMS: CR. A 13Z MR. RANDALL: -- CR -- MS. WILLIAMS: CR 846, right? MR. RANDALL: Well, whatever it is. MS. PHILLIPPI: 27, those are like out of our jurisdiction. MS. WILLIAMS: He's talking about 846, right? (Several people speaking simultaneously.) THE COURT REPORTER: Everyone is talking here. MS. PHILLIPPI: Okay. The court recorder is having a hard time. MR. MCDANIELS: All right. This -- CHAIRMAN FACUNDO: Go ahead, Bill. MR. WALL: Just one point. And, again, it goes back to what Jeffrey said at the beginning. I'm pretty sure I was here when we were talking about 4.2.2 and 4.2.3. Their suggestion is remove this language necessarily. It's been many, many moons ago, but I recall these were -- this was proactive language. If you read this language that's in here, this is all feel good stuff. This is all want to, we will explore, acceleration -- MS. PHILLIPPI: Support. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1617,2 MR. MCDANIELS: -- funding and da, da, da, da, da. MS. PHILLIPPI: This is all -- we will support all those things. MR. MCDANIELS: This is all -- we as a community should be doing this stuff anyway. We as a community should be doing these things anyway in the first place. And if it buys the vote, which that's what you're looking for, what's your end goal. Forgive me. End goal. And if it's -- if it gets you to the success point that you're in fact looking for, strike the language. Let's remove or modify. And then you take care of the bypass road language, Carrie. We take care of the acceleration. And, basically, all this language is, is this feel good stuff anyway. And their suggestion is remove or modify, take it out. CHAIRMAN FACUNDO: I modify will probably be your best -- MS. WILLIAMS: I think modify, because I think we do need to keep your free -- I mean, just to keep it in there to keep our voice in there, but -- MR. RANDALL: Carrie, what's necessary? You 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 n A l L. X75 want -- you want the first bullet point, right? MS. WILLIAMS: Uh -huh. MR. RANDALL: You know, so -- MR. WALL: You mean the language? MR. RANDALL: It's the language -- huh? MR. WALL: In the last one? The first one and the last one? MR. RANDALL: Wait, wait. So, the first bullet point in the widening of SR 82 between I -75 and SR 29 and between SR 29 and -- MS. PHILLIPPI: SR 27. MR. RANDALL: -- SR 27 as a first step. Okay? Now, the second bullet point -- are -- can we -- can we remove the second bullet point? MS. PHILLIPPI: The building of State Road 29 bypass route to create direct access to 82 and 29 from the regional airport and the Tradeport? MS. WILLIAMS: I would say the creation of or expansion of SR 29 to create direct access to SR 82 and SR 29 from the Immokalee Regional Airport. MR. CREWS: It already has one. It's called :10 MS. PHILLIPPI: Okay. So, the expansion of 29 and leave out Tradeport. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 Al2' And -- and, quite frankly, the -- the -- it's -- MS. WILLIAMS: But the Tradeport's at the airport, so I would put the airport. CHAIRMAN FACUNDO: Yeah, but do you almost condense bullet points when you're saying the same thing? MS. PHILLIPPI: Over. It seems redundant. CHAIRMAN FACUNDO: It's redundant. MS. PHILLIPPI: It really does. MS. WILLIAMS: Just put -- CHAIRMAN FACUNDO: So, you can just -- what he's saying, because he wants -- because the bypass is very specific and you want to make it in general because you're already proposing to widen 29. MS. PHILLIPPI: So, instead of to access to Immokalee, access to Immokalee -- CHAIRMAN FACUNDO: Right, because they're still going to give you the access to that. It's just rather than going through the bypass, it's just going straight through Immokalee. MS. PHILLIPPI: Okay. MR. RANDALL: So, we can take out the second bullet point? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 1 7 L MS. PHILLIPPI: Yeah. And we just put -- CHAIRMAN FACUNDO: Can't. MS. PHILLIPPI: -- airport onto the -- CHAIRMAN FACUNDO: Right. And just put the language, right, airport and all that into the first bullet point because it is, you know. MS. PHILLIPPI: Roads condition is a throw away. I mean, that one is really a throw away. Bullet three really to me is a fluff. MR. OLESKY: Kind of moot, isn't it? MS. PHILLIPPI: It's fluff. MR. WALL: Take it out. CHAIRMAN FACUNDO: Pull out bullet three? MS. WILLIAMS: Well, just leave it in there. So, what? Florida Department of Transportation to improve road conditions along state owned roads? MR. RANDALL: Yeah, but -- I mean, we have to -- MS. WILLIAMS: That's a given, right. MR. RANDALL: -- control and -- MS. WILLIAMS: Oh, okay. CHAIRMAN FACUNDO: Yeah. So, you can just give her the -- MS. WILLIAMS: Oh, give -- CHAIRMAN FACUNDO: That's the wishy stuff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 6 I �hA 12 MS. PHILLIPPI: And then leave in the last -- MS. WILLIAMS: Leave in the last two bullet points. MS. PHILLIPPI: Then what about 4.2.3? Throw that one away? MR. RANDALL: Yeah. We don't need it. But we're just working the -- MS. WILLIAMS: Are we basically stating that in bullet point -- MS. PHILLIPPI: Yes. MS. WILLIAMS: -- the first bullet point? MS. PHILLIPPI: Yes. MS. WILLIAMS: Then I'm in that. MS. PHILLIPPI: All right. All we need is a motion. CHAIRMAN FACUNDO: question just for my own Will they possibly bullet four and five? I that; accounting? Or is state road. Jkay. educa frown mean, that I have one other Lion. on the, I guess, who would paid for -- that's not a MS. PHILLIPPI: We're eliminate -- CHAIRMAN FACUNDO: Oh, okay. Well, I'm just saying. I mean, I didn't anticipate that. That's all. Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 A1&` MS. PHILLIPPI: Because remember, our very first -- our very first policy meet says we have to go to the board once a year and list to them what our top priorities as far as infrastructure projects are concerned. And, so, I mean, every year we can put it at the bottom of the list and ask for it. That doesn't mean they're going to put it in their CIP and do it, but that shouldn't stop us from asking. CHAIRMAN FACUNDO: Well, the reason why I'm asking why they may frown on it, because they said remove or modify policy. So, obviously, they have an issue. Or right on top -- MS. WILLIAMS: I think we're removing the policy that's the bone of contention. CHAIRMAN FACUNDO: Oh, okay. 4.2 and 4.3 -- MS. PHILLIPPI: Right. CHAIRMAN FACUNDO: -- I guess. Well, that's -- they had a -- somebody frowned on that. MS. PHILLIPPI: So, we'll remove -- CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: -- 4.2.3 and then modify 4.2.2. CHAIRMAN FACUNDO: All right. MS. PHILLIPPI: Okay? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN FACUNDO: Okay. So -- MS. PHILLIPPI: I'll read the motion. MS. WILLIAMS: Read through it one more time -- CHAIRMAN FACUNDO: Yes. MS. WILLIAMS: -- the top bullet point, how you're going to help -- how it's going to be worded? MS. PHILLIPPI: The Florida Department of Transportation we will support and encourage -- CHAIRMAN FACUNDO: Hey, guys, could we -- THE COURT REPORTER: Yeah. I can't -- I can't hear this lady when you're talking. I'm sorry. Would you repeat the whole motion again? MS. PHILLIPPI: Did you ask me to read it? MS. WILLIAMS: Yes. MS. PHILLIPPI: Okay. The Florida Department, okay, we will support and encourage the Florida Department of Transportation in the widening of State Road 29 and 82 between I -75 and State Road 29 as the first step in improving transportation access to the Immokalee -- Immokalee and the Immokalee Airport. MS. WILLIAMS: Uh -huh. Al2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ib 12 NIZ MS. PHILLIPPI: Now, do you want to throw in that State Road 27 stuff? MR. CREWS: Yeah. MR. MCDANIELS: No. MR. CREWS: Because. CHAIRMAN FACUNDO: But why? MR. CREWS: Why leave this going out to State Road 27? CHAIRMAN FACUNDO: Yes, sir. MR. CREWS: It comes on I -75 and wants to go up the center of the state, it will come right through Immokalee by the airport, get whatever it's going to get out of the Tradeport stuff there -- CHAIRMAN FACUNDO: And also -- MR. CREWS: -- and go straight on up to 27. CHAIRMAN FACUNDO: Okay. MS. PHILLIPPI: Okay. So, I'll put it between I -75 and 29, and then, I guess, a semicolon, and put and between State Road 29 and 27? No? MR. OLESKY: We're only talking about a mile. MR. RANDALL: Take out the word, and. MS. PHILLIPPI: And? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RANDALL: No. Put the semicolon -- CHAIRMAN FACUNDO: Take out the word and. MS. PHILLIPPI: Take out the semicolon and put and? CHAIRMAN FACUNDO: No, no, no. MR. RANDALL: Leave the semicolon -- MS. WILLIAMS: And take out and. MR. RANDALL: -- and take out and. MS. PHILLIPPI: Oh. MR. OLESKY: We're only talking about a mile in between. MS. PHILLIPPI: A mile? It's more like eleven miles. MR. OLESKY: No. MS. PHILLIPPI: From LaBelle to Palmdale? MS. WILLIAMS: Yeah. It's the Hendry County line. CHAIRMAN FACUNDO: Hang on, hang on because you're going to confuse her. MS. PHILLIPPI: We're talking about LaBelle Palmdale. That's what he's talking about. MR. OLESKY: I understand what he's talking about, but all of Collier is involved in is a mile. MR. CREWS: Don't worry about that. We want 2 AL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 X12 to talk to the state about getting the whole thing done. MR. OLESKY: I know that -- MS. PHILLIPPI: And don't think Hendry County isn't doing that and don't think DeSoto County isn't doing that. They're doing it. They're getting in with FDOT in their long -range transportation plan and talking about how to get as much finger roads and railroads and airplanes into their counties as they possibly can. MR. RANDALL: Let me ask you a question. Why is -- why does it appear that the commissioners, I don't want to say all of them, but those that are -- seem to be opposed to this, why does it bother them? What's the negative for Collier County? CHAIRMAN FACUNDO: Good question. I wondered that. MR. RANDALL: I mean, I just don't understand. I mean, you're going to increase transportation. We have the airport. We're going to increase its use, we're going to bring business in. I don't understand. MS. PHILLIPPI: I hope you're not looking at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ib 1Z 184 ai2 me for an answer. MS. WILLIAMS: I want to say something, but I don't what to say it publicly. MS. PHILLIPPI: She's being videotaped. Okay. So, that's that. And then the next thing we would do is the second bullet. What do we do there? CHAIRMAN FACUNDO: We -- we incorporated. MS. PHILLIPPI: Oh, we incorporated it. CHAIRMAN FACUNDO: Yeah. MS. WILLIAMS: Yeah. We didn't -- MS. PHILLIPPI: We eliminated the third bullet and we left in the fourth and fifth bullet. We eliminated 4.2.3. MS. WILLIAMS: Correct. CHAIRMAN FACUNDO: All right. Can we get a motion or is there -- MR. RANDALL: So moved. MR. OLESKY: Second. CHAIRMAN FACUNDO: Second. Any discussion? Further? No? MR. CREWS: Miss Penny, I've got a question as long as we be writing this thing. Why can't we put in this thing rail transportation, too? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to I c�� Al2 MS. WILLIAMS: We're not -- (Everyone talking simultaneously.) MR. CREWS: Me and you talked about this a lot. MS. PHILLIPPI: It cost eight points, that was $8 million to bring the railway from Palmdale to Immokalee . MR. CREWS: What's it cost in Clewiston? MS. PHILLIPPI: I don't have $8 million. MS. WILLIAMS: All right. Let's vote on this. MR. CREWS: All right. I'll put mine on the railroad. CHAIRMAN FACUNDO: All in favor? (A chorus of ayes.) CHAIRMAN FACUNDO: Any opposed? MS. PHILLIPPI: That's it. MS. BETANCOURT: Jeff and Jim's question was about Tuesday's meeting. MS. PHILLIPPI: Tuesday or Thursday? MS. BETANCOURT: Tuesday, the Board of County Commissioners. MS. PHILLIPPI: Oh. Usually it's at 1:00 o'clock. That's the earliest they can do it. MR. OLESKY: Called time uncertain. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PHILLIPPI: But more importantly -- I mean, that's important. It would be very good if all the board Advisory Committee could be there if at all possible. Also, Thursday -- is it next Thursday, Jeff, that your next MSTU meeting is? MR. NAGLE: Wednesday. MS. PHILLIPPI: Wednesday. Next Wednesday is the MSTU meeting. And I think you really want to come and talk to those guys and see what they're doing, because we share that employee, and you really need to see what's happening. You're not going to get reports today from the -- I mean, you have the -- MS. WILLIAMS: Wednesday at what time? MS. PHILLIPPI: Ten. 10:00 a.m. MR. RANDALL: I've got another question. With regard to the presentation that's going to be made to the county board, I'm assuming, Penny, this is going to be written up? MS. PHILLIPPI: Yes. I'm going to write it up. I have to send it to the County Attorney as soon as I can -- as soon as I can. MR. RANDALL: Okay. MS. PHILLIPPI: And he has to review it and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 I Z 8 Al2 then I will present it to the Board of County Commissioners along with the video of the folks in Immokalee saying whatever they want to say. MR. RANDALL: Okay. But when did you think you could have the written report? Excuse me. When will the attorney get it? MS. PHILLIPPI: I'm going to write mine up today and tomorrow. I don't know how long it will take us. We'll get -- we'll just get a CD from the court reporter. We won't get written up documents. So, we'll have to print that out, I guess. MR. RANDALL: Because I just want to make sure that they're not going to say, well, we didn't enough time, I just got it in my packet this morning, you know. I'm trying to take away whatever excuse they're going to give. MS. BETANCOURT: You're going to lose your quorum, and you can't vote on anything else. MS. PHILLIPPI: Goodbye. MR. RANDALL: But, in any event, I would just -- I suggest as soon as possible. I know you will do that. Maybe with the request of the attorney to review it and get it to the board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 N 1Z 88 MS. PHILLIPPI: I will ask for expedited service. MR. RANDALL: Yeah. MS. PHILLIPPI: Expedited request for legal services. MR. RANDALL: Yeah. Sure. CHAIRMAN FACUNDO: Can we adjourn? MS. PHILLIPPI: I think you can let the video - tographer and the court recorder go. CHAIRMAN FACUNDO: All right. Thank you. (The proceedings concluded at 11:39 a.m.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1612 AU- CERTIFICATE OF REPORTER State of Florida ) County of Collier ) I, Rose Marie Witt, RPR, and Notary Public in and for the State of Florida at Large, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes to the best of my ability. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties, attorney or counsel connected with the action, nor am I financially interested in the action. Dated this 23rd day of September, 2012. Rose Marie Witt 1612A13 ISLES OF CAPRI FIRE/RESCUE ADVISORY COMMITTEE MEETING MINUTES APR. 19, 2012 ISLES OF CAPRI FIRE STATION ATTENDEES: Joe Langkawel, Chairman Jim Hughes, Advisory Committee Member Ted Decker, Advisory Committee Member Kevin Walsh, Advisory Committee Member Jim Gault, Advisory Committee Member Alan McLaughlin, Fire Chief Barbara Shea, Minutes Preparer I. CALL TO ORDER Joe Langkawel opened the meeting at 6:32 p.m. II. OLD BUSINESS A. Chiefs Report. Fiala 3 / Hiller �- Henning Coyle Coletta :3(- BY: ....................... B. March 15, 2012 Advisory Committee Meeting Minutes. 1. Copy of Minutes distributed. 2. Motion to approve March 15, 2012 Minutes by Ted Decker. a. Motion seconded by Jim Gault. b. Motion carried unanimously. c. Minutes signed off by Chairman Langkawel. C. Report from Isles of Capri Budgetary & Oper. Investigative Committee Phase 2. 1. Acey Edgemon completed "meet & greet" with all ICFD employees. a. Summary report of findings submitted to ICFD Advisory Committee. b. Found positive employee morale at Station 90. c. Found all Station 90 housekeeping to be in order. d. Found ICFD equipment to be well - maintained. e. Staff is very concerned about direction of ICFD Advisory Committee. 2. Investigative Committee met with County Attorney Klatzkow. Misc. Cones: a. A dependent special district could be formed. 1. This entity could be created by ordinance by the BCC. 2. Special district differs from current MSTU status. Item #k 21413 a. Special district board has more autonomy. b S ecial district board has more . p power. Ccpies to: c. Special district board members could be paid. 1612A13 3. Collier County services could continue to be utilized. a. Collier County fees could change in the future. b. Collier County fees would be negotiated. 4. The fire board could be set up as elected or appointed. 5. An attorney who specializes in fire districts was recommended. 6. Special district status would stave off consolidation. 7. BCC can still dissolve a special district at any time. 8. A special district would not be under BES rule. b. Committee would like to continue fact - finding on a special district. c. Motion to permit the Inv. Committee to continue fact - finding efforts. 1. Motion made by Ted Decker. 2. Motion seconded by Jim Hughes. 3. Motion carried unanimously. 3. Investig. Committee Chairman Walsh will be out of town for six months. a. Chairman Walsh cannot continue as the chair of this committee. b. Chairman Walsh would like Joe Langkawel to take his place. 4. Status of talks with Marco Island Fire Dept. a. Committee had numerous meetings with Marco Fire staff. b. Marco Fire staff has been very cooperative. c. Committee prefers to pursue Special District option at this time. d. Committee would like a letter sent to Marco Island Fire. 1. The letter should thank them for their cooperation. 2. Talks are now on hold with Marco Fire. 3. Chairman Langkawel volunteered to draft the letter. 5. Comm. Chairman Walsh's discussion with Dan Summers, BES Director. a. Mr. Summers has a desire to rebuild bridges. b. Mr. Summers is happy to work on a 5 Year Plan with Adv. Comm. c. Current 5 Year Plan in place is a "visionary plan." D. Documentation of ICFD 2003 deficit $28,448 covered by Collier County. III. NEW BUSINESS A. Request for BCC approval of Forestry Grant for skid unit. 1. Skid unit estimated cost of $9,800. 2. 50150 grant will save ICFD $4,900. 3. Request for approval on the 04/24/12 BCC Agenda. B. Questions and discussions on the ICFD draft FYI budget. 1. Current estimated FYI shortfall of $9,134. 2. Imminent hose testing will determine hose replacement costs for FYI 3. a. Hose has an approximate 10 year life span. b. Some of ICFD hose is now 10 years old. c. FYI budget includes $7,500 for hose replacement costs. 3. Holiday payback pay of $23,700 will be paid out in FY12 or FY13. 4. No expected large dollar expenditures seen necessary in FYI 3. 5. Discussion of the reasons for having two ICFD fire trucks. 1612A13 ,. a. A reserve truck is necessary to cover an out -of- service truck. b. Trucks often are out of service for maintenance and repairs. c. Having a reserve truck boosted ICFD's ISO rating. d. Public Safety must always be ICFD's #1 concern. 6. FYI Personal Safety expense $3,000 is for bunker gear replacement. 7. FYI Fert Herb Chem expense $1,500 is for the purchase of foam. 8. Status of the sale of the Humvee brush truck. a. Proceeds not included in the FY 12 forecast or FY 13 budget. b. Sale would boost FYI reserves. c. BCC approval is required to sell this brush truck. d. May 2012 target for obtaining BCC approval. C. Chief McLaughlin received an inquiry from a Fiddlers Creek resident. 1. County Manager Ochs received the inquiry from Phil Brougham. 2. Phil Brougham is the President of the homeowner's association. 3. Mr. Brougham questions why part of Fiddlers Creek is part of ICFD. 4. Mr. Brougham questions whether ENFD is a better fit for them. 5. Fiddlers Creek portion of homeowners provides $117,000 to ICFD. 6. Mr. Brougham approached ENFD Chief Schuldt on this issue. 7. Did this result from merger talks between ICFD and Marco Fire? 8. Chief McLaughlin to speak with Mr. Brougham on this issue. D. The next ICFD Advisory Committee Meeting will be held on May 17, 2012. IV. ADJOURNMENT A. Motion to adjourn the meeting by Ted Decker at 8:05 p.m. 1. Motion seconded by Kevin Walsh. 2. Motion carried unanimously. Approved: Date: / A 1612 A14 July 9, 2012 BY� . ................ ................. MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, July 9, 2012 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: Fiala Hiller Henning Coyle Coletta 0 C.- CHAIRMAN: VICE CHAIRMAN: Bill Poteet Clarence Tears (Absent) Tony Pires Jeffrey Curl Jeremy Sterk Lauren Gibson John Burton, II Todd Allen (Absent) Tracy Dewrell ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Christal Segura, Conservation Collier Land Manager Melissa Hennig, Prin.Environmental Spec., Program Man. Barry Williams, Director, Parks and Recreation Misc, Corres: Date: A it I item #: I Lj-X ,,Opies to: x � tfi 16 July 9, 2012 I. Roll Call Chairman Poteet called the meeting to order at 9:02am. Roll call was taken and a quorum was established. (Mr. Pires arrived at 9:49am). H. Approval of Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Sterk. Carried unanimously 6 - 0. M. Approval of May 14, 2012 minutes Mr. Curl moved to approve the minutes of the May 14, 2012 meeting. Second by Mr. Dewrell. Carried unanimously 6 — 4. IV. Old Business A. Real Property Management Update Alex Sulecki reported donation of the Triplett/Kania parcel in Mcllvane Marsh is still in the probate process and it is anticipated it will be acquired in September of 2012. 1. Hideout — Nancy Payton Preserve Access Easement Alex Sulecki presented the Executive Summary "Recommendation to accept an Access Easementfrom Hideout Golf Club, Ltd, a Florida limited partnership, for access to the Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300" dated July 9, 2012 for consideration. She noted trail is proposed for a width of 5 feet and stabilized with crushed shell. The parking area depicted is in the planning stages and may be re- designed. Mrs. Gibson moved to recommend the Board of County Commissioners acquire the easement at a cost not to exceed $1,304.00 (one thousand, three hatndred dollars) including $750.00 in attorney's fees and $550.00 for title commitment and approve the "Donation Agreement" between Hideout Golf Club, LTD and Collier County. Second by Mr. Curl. Carried unanimously 6 — 0. B. Gordon River Greenway Project Update Alex Sulecki presented the document "Gordon River Greenway Project Update" and copy of the SFWMD Environmental Resource Permit No. :11_- 03344 -P for information purposes and provided an update on the project. Sneaker Ellie Krier, Southwest Florida Land Preservation Trust addressed the Committee and reported the "Zoo Pond Team" has developed a final recommendation to be considered by the Board of County Commissioners on July 24, 2012. The "Design Team's" work has been on hold due to the pond issue. V. New Business A. Interdepartmental Agreement /FCT Declaration of Restrictive Covenants Alex Sulecki presented the Executive Summary "Agreement Regarding Future Potential Costs at the Gordon River Greenway Preserve from Requirements of the Florida 2 1612 A14 July 9, 2012 Communities Trust (FCT) Amended Declaration of Restrictive Covenantsfor the Gordon River Greenway Park" dated July 9, 2012 for consideration. Alex Sulecki reported: • On June 12, 2012, the Board of County Commissioners voted to encumber the Conservation Collier property in the Gordon River Greenway with the FCT Declaration of Restrictive Covenants. • The approval was subject to an agreement to be executed between Conservation Collier and Parks and Recreation to assign responsibility for any monitoring and reporting requirements to the Parks and Recreation Department. • Subsequent to the decision, it was determined the oversight of the Conservation Collier program would be transferred from Facilities Management to Parks and Recreation. • The County Attorney opined the proposed Inter - Departmental Agreement between Conservation Collier and Parks and Recreation is no longer necessary or enforceable. • In lieu of the Inter - Departmental Agreement, Staff is recommending a Memorandum of Agreement be developed between Conservation Collier and the Parks and Recreation Department to outline the responsibilities for meeting the requirements of the FCT Covenants. Mr. Curl moved to recommend the Board of County Commissioners approve Staff's recommendation for preparing a Memorandum of Agreement. Second by Mrs. Gibson. Carried unanimously 6 0. B. Conservation Collier move to Parks and Recreation Dept. Alex Sulecki and Barry Williams reported the Conservation Collier Program will now be under the auspices of the Parks and Recreation Department. The regular Committee and Subcommittee meetings will be at North Collier Regional Park. Melissa Hennig's responsibilities will now be full time "Land Management." C. Annual Report Alex Sulecki submitted the "Conservation Collier Annual Report — July 2012 Draft" for consideration. She noted: • The Table of Contents will be revised. • Applicable portions of the Report will be amended to depict the Parks and Recreation Department as the department responsible for the Program. • She will confirm the properties listed for potential acquisition are still for sale. She requested the Committee approve the "preliminary draft" of the Annual Report. Mr. Curl moved to approve the draft of Annual Report subject to the changes outlined by Staff. Second by Mr. Sterk. Speaker Ellie Krier, Southwest Florida Land Preservation Trust addressed the Committee and requested several changes to the proposed Report. 16V2 A14 July 9, 2012 Mr. Curl amended his motion to approve the draft of the Annual Report subject to the following: 1. Staff complete their changes proposed as outlined 2. Page 17, paragraph 4 — where appropriate change the language, referencing "agencies" to `parties." 3. Rage 17, paragraph 5 — remove the City of Naples as a partner and add the Naples Airport Authority. 4. Page 17, paragraph 5 — add the Southwest Florida Land Preservation Trust as a land management partner: 5. Page 21— revise the ranking identifications of the properties in the "CCLAAC Cycle g Approved Acquisition List, January 25, 2011 "from alphabetical to priority number. Second by Mr. Sterk. Carried unanimously 6 — 0. D. Starnes Amended Cattle Lease Melissa Hennig presented the document `Lease #CC 101 - SECOND AMENDMENT TO LEASE AGREEMENT" for consideration. She noted the lease is proposed for December 31, 2014 — December 31, 2017 and the terns have been adjusted for a rental amount less than fair market value as Mr. Starnes is providing improvements to the property beneficial to the County. A description of the proposed improvements will accompany the lease agreement. Mr. Dewrell moved to recommend the Board of County Commissioners approve "Lease #CC 10- Second Amendment To Lease Agreement" between Hugh E Starnes and Collier County. Second by Mr. Curb Carried unanimously 6 — 0. E. Coordinator Communications Alex Sulecki reported: ® A CISMA (Cooperative Invasive Species Management Area) workday was held whereas the group removed invasive species on a private parcel adjacent to Logan Woods Preserve. Future maintenance will be the responsibility of the landowner. ®. _ Christal Segura has been elected Chairman-of SW Florida. CISMA. . o Staff continues to monitor the Lost Grove Mines application, the Watershed Management Plan, the Master Mobility Plan and the proposed I -75 interchange and will report back to the Committee on issues as necessary. VI. Sub- Committee Meeting Reports A. Outreach — Tony Pires Chair None B. Lands Evaluation and Management— Lauren Gibson- Vice Chair Mr. Sterk reported a meeting was held where the Starnes lease was discussed. 19 16I2A14 *- July 9, 2012 C. Ordinance Policy and Procedures — Bill Poteet, Chair Nolte VII. Chair Committee Member Comments Mr. Curl recognized Christal Segura's efforts in relation to the "CISMA workday. Chairman Poteet noted he looks forward to working with the Parks and Recreation Department Staff as the Conservation Collier Program continues to move forward. VIII. Public General Comments None Mr. Pires arrived at 9: 49am IX. Staff Comments None X. Next Meeting /Adjourn To be determined There being no further business for the good of the County, the meeting was adjourned by order of the chair at 9;52 A.M. Conservation Collier Land Acquisition Advisory Committee Bill Poteet, Chairman These minutes approved by the Board /Committee on as presented__ or as amended�� 5 IMaRT(w7ni 1612 A14 October 8, 2012 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, October 8, 2012 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9 :00 A.M. in REGULAR SESSION at North Collier Regional Park Administration Building, Conference Room A Naples, Florida with the following members present: Fiala -✓ Hiller 4 y� Henning — ; Coyle_ Coletta �G CHAIRMAN: VICE CHAIRMAN: Bill Poteet Clarence Tears Tony Pires Jeffrey Curl Jeremy Sterk Lauren Gibson Tracy Dewrell Todd Allen John Burton, II ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Jeff Wright, Assistant County Attorney Melissa Hennig, Conservation Collier Land Manager Barry Williams, Director, Parks and Recreation Christal Segura, Conservation Collier Land Manager Tony Ruberto, Project Manager, Facilities Ed Finn, Sr. Budget Analyst Misc. Comes: Date: %181►'b Item #- \U=2 W ►�{ 77ies to: 161 A14 October 8, 2012 I. Roll Call Chairman Poteet called the meeting to order at 9:OOAM. Roll call was taken and a quorum was established. II. Approval of Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Pires. Carried unanimously 9 — 0. III. Approval of July 9, 2012 minutes Mr. Curl moved to approve the minutes of the July 9, 2012 meeting as presented. Second by Mr. Fires. Carried unanimously 9 — 0. IV. Old Business A. Real Property Management Update Alex Sulecki reported the Triplett/Kania parcel is still in the probate process and it is anticipated the donation of the property to the County will be completed by the end of the year. B. Gordon River Greenway Project Update Alex Sulecki provided the document "Gordon River Greenway Project Update Conservation Collier Land Acquisition Advisory Committee October 8, 2012 " for information purposes. Under Committee member discussions, the following was noted: • Construction bids are due on October 30,2012 • Upon receipt of the construction bids, Staff will be in a position to more accurately identify each parties (Parks and Recreation/Conservation Collier) responsibility for the "cost sharing" components associated with the project. • Concern the current boardwalk design plans may not be compliant with the Americans with Disabilities Act requirements. • Staff to clarify who bears the costs (County or the consultant) when plans not in compliance with applicable codes or regulations are required to be amended. Alex Sulecki reported, once the bids are received a special meeting will be held to determine cost of any alternate materials the Committee may want to select for the boardwalk or lighting Sneaker Ellie Krier, Southwest Florida Land Preservation Trust reported the Design Team has identified 5 types of signs required for the project — Monument, Directional, Interpretive, Informational and Regulatory. The specifications for plaques and benches is under review by the Team. They are recommending a "no trash cans" policy and seeking input on the specifications of the bike racks from area bicycle groups. C. Pepper Ranch Capital Projects Update Alex Sulecki submitted a Memorandum to the Committee dated October 8, 2012 — "Subject: Pepper Ranch Improvements. " She provided an overview of the proposed improvements including camp sites, restoring septic and water service, paving an entry drive, developing a parking lot, installing a card access gate and renovating the guest house for an on -site deputy living quarters. 2 16 12 A14 i October 8, 2012 D. Pepper Ranch and Caracara Prairie Preserves Mitigation Update Budget Update Melissa Hennig submitted a Memorandum to the Committee dated October 8, 2012 — "Subject Pepper Ranch and Caracara Prairie Mitigation Update. " She reported the permits required to establish the banks are ongoing. It has come Staff's attention a County solid waste facilities project may require use of all of the available credits rendering implementation of the "bank" unnecessary. The Conunittee reviewed a video on the Program created by Todd Allen for display on "YouTube." E. Budget Overview and Update Alex Sulecki submitted the "Conservation Collier Land Management Trust Fund (174) Fiscal Year End 2012 Annual Update Projected Revenue and Expense FY 2013 through FY 2023 " for consideration. She reported the document is part of the Conservation Annual Report and has been amended including revision of interest revenues downward to 0.57% annually through FY 2023. Additionally, inflation has not been considered and the projections will be subject to ongoing adjustment. She provided an overview of the document and recommended budget projections be reviewed in Subcommittee to assist in preparing future budgeting projections. The Committee expressed concern the projections may not be realistic as they lack cost of living increases, indicates an estimated a 0.57% interest revenue annually through FY23 and fails to consider other revenue sources (PHU's, etc.). Ed Finn, Budget Analyst stated the projections are a "planning document" and employ a conservative approach. The document is "fluid ", subject to constant review with the ability to make adjustments based on conditions as they exist at that time. During Committee discussions, it was noted the County's investment policy prioritizes objectives, first and foremost is the preservation of capital and ensuring liquidity of the funds, with return on investments being low priority. The Committee requested Staff to provide a copy of the Clerk's investments policy to the members for their review. The Committee requested Staff to notify the Board of County Commissioners on the conservative approach and their concern on the parameters utilized for the revenue projections. Mr. Tears moved to recommend the Board of County Commissioners approve the Conservation Collier Land Management Trust Fund (174) Fiscal Year End 2012 Annual Update Projected Revenue and Expense FY 2013 through FY 2023." Second by Mr. Pires. Carried unanimously 9 -0. 3 161 October 8, 2012 V. New Business A. Proposed CREW partnership Alex Sulecki reported CREW Land and Water Trust has expressed interest in partnering with the County in their acquisition of parcels in Unit 53 including paying for 'l2 of the land costs if the County pays for the appraisals. CREW contacted the remaining property owners in area on potential conveyance to the County, and only one owner replied and was not interested given the amount of the offer. Staff, in conjunction with CREW intends to re- contact the landowners in the spring to determine any interest in their conveyance of land to the County. VI. Coordinator Communications Alex Sulecki reported: • Staff is working with CollierTV to produce a program on Pepper Ranch and Eagle Scout projects. • There will be a joint Ordinance Policy and Rules and Outreach Subcommittee meting scheduled for October 25, 2012 to discuss the fee schedule for preserve usage. VII. Sub - Committee Meeting Reports A. Outreach — Tony Pires, Chair A meeting was held where the fee schedule for preserve usage, Pepper Ranch and the Program's brochure was discussed. B. Lands Evaluation and Management — Jeremy Sterk, Chair None C. Ordinance Policy and Procedures —Bill Poteet, Chair None VIII Chair Committee Member Comments The Committee requested Staff to investigate the feasibility of video taping the meetings for re- broadcast on CollierTV. VIII. Public General Comments None IX. Staff Comments Alex Sulecki reported it may be necessary to convene a Special Meeting to discuss the Gordon River Greenway Project's construction bids. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:40A.M. 4 1612A14 October 'S, 2012 Conservation Collier Land Acquisition Advisory Committee �z Bill Poteet, Ch man r These minutes approved by the Board/Committee on /l z 6Ti - A15 1612 GOLF ESTATES BEAUTIFICATION MSTi ADVISORY COMMITTEE 2885 Horseshoe Drive South BY:..... Naples, FI 34104 ' September 20, 2012 Fiala L Hiller Minutes Henning - Coyle I. Call to Order Coletta The meeting was called to order by Bob Slebodnik at 2:00 p.m. ll. Attendance: Members: Robert Slebodnik, Tony Branco, Kathleen Dammert, David Larson, Jennifer Tanner County: Darryl Richard - Project Manager, Michelle Arnold -ATM Director Others: Mike McGee -McGee & Associates, Robert Kindelan— Commercial Land, Sue Flynn — Juristaff 111. Approval of Agenda Remove: Vll. A. Doral Bridge Project Move: Vll. B. Pebble Beach Blvd. Lighting to Vll. A. Jennifer Tanner moved to approve the September 20, 2012 agenda as amended. Second by David Larson. Motion carried unanimously 5 -0. IV. Approval of Minutes: July 19, 2012 Change: Vlll. A. 2nd to last sentence — meant to say "save on electric during hours with minimal traffic and save" Jennifer Tanner moved to approve the July 19, 2012 minutes as amended. Second by Dave Larson. Motion carried unanimously 5 -0. V. Budget Report Darryl Richard reviewed the following: (See attached) • Uncollected Ad Valorem Tax $6,503.44 • Available Improvements General $19,405.15 • Available Operating Expense $7,895.77 • Open Purchase Orders $129,588.49 He stated McGee & Associates has open purchase orders with remaining balances to move under a new purchase order. Staff will need an ' approval for the ratification. Misc. Corres: Date: i l $Li3 item #: t Copies to: 1612A15 4 VI. Landscape Maintenance Report — CLM Robert Kindelan reported doing a drive around with Mike McGee before today's meeting. It was decided to cut the all Bougainvilleas back approximately 12" to keep the dwarf appearance. ➢ Forest Hills and Pebble Beach — Plan to use Rounduq to kill Torpedo grass once exposed. ➢ Forest Hills — Plan to cut down and dig up the trunk of the tree struck by lightning. Robert Slebodnik asked if the 3 trees were trimmed at Forest Hills at the golf cart crossing pass was done. Robert Kindelan responded they are waiting for a proposal submitted previously. The trees are not on County property. ➢ Valley Stream - Rat bait has been placed, once digested they will go in and clean up. ➢ Valley Stream — Sunshine Mimosa tried 2- chemicals to get rid of dollar weed; it killed the dollar weed but the Mimosa didn't like it. They used a product called Image; the Mimosa didn't like that either but it was less destructive than the other chemical. They are going to try it again to see if it will works any better with the Mimosa. Next week we will test again, if chemical doesn't work they plan to mow the area. Darryl Richard directed CLM to stay on top of edging the Mimosa off the curb. ➢ Entrance palms have been pruned and bougainvilleas for caterpillars last month. He said the bougainvilleas will look bad for 6 -8 weeks. Robert Slebodnik suggested CLM use a product called "Drive" to kill torpedo grass. CLM will check label to see if the product is compatible to use on landscape ornamentals. Mike McGee reported there were no major issues as far as maintenance. He stated the Bougainvilleas in the northern area are not growing as in other areas. He mentioned he would like to do some root samples. Staff, McGee and CLM will work on a schedule(s) to cut everything back for the whole MSTU during season at one time. Tony Branco reported viewing a lime green long reptile living in the trees that are chewing off the stems. Mike McGee responded cold weather will usually take care of that problem. They fall to the ground as it gets cooler. Robert Kindelan gave an update on the Royal Palm tree nutritional spikes; • No one complained, • Short 6 -8 spikes to be installed on Doral Circle, 2 1612A15 ■ CLM will provide an exact count of the number of spikes required to complete installation. Mike McGee distributed and reviewed a chart on Lely Golf Estates Beautification MSTU Reuse Mixing Chamber Annual Water Use thru August 31, 2012. (See attached) Robert Kindelan reported issues with a water valve sticking during the month of July. CLM removed and cleaned the valve, changed the filter the second time. Mike McGee explained sometimes there is not enough pressure to clean the line due to the time zone, pausing and running the tank again causes a build up. He stated the system is working fine for the potable water. Robert Kindelan recommended the small filter in the valves be changed to a bigger one to make it easier to maintain. Mike McGee suggested this be added to the maintenance schedule. CLM will provide a quote. VII. Landscape Architect's Report — McGee & Associates A. Pebble Beach Blvd. Lighting Darryl Richard distributed a tabulation bid for the Pebble Beach Lighting Project. Bentley Electric submitted the lowest bid at $129,617.46. Mike McGee reported not seeing any issues with the bid; the bid is higher than the estimate of $186,580.67. Discussion was made on the conductor, wire sizes, copper sizes and prices and it was decided that nothing was bid to low to cause any worry the contractor could not do the project. Staff will confirm insurance prior to submitting bid to the BCC for approval. Jennifer Tanner moved to approve Bentley Electric's bid, based on fact they will change their insurance, in the amount of $129,617.46 for the Lely Pebble Beach Lighting Project. Second by Kathleen Dammert. Motion carried 5 -0. VIII. Transportation Operations Report A. Project Managers Report Darryl Richard distributed and reviewed the Lely MSTU Project Status Report updated September 20, 2012. (See attached) • (L-49) Pebble Beach Lighting Project — Low bid is Bentley Electric at $129,617.46. • (L -34) On -going Maintenance Contract — Maintenance is on -going per an annual contract. • (L -45) McGee Annual Landscape Architect Services — New proposals received for Advisory Committee review under the new contract #12- 5892. McGee & Associates was the firm selected on RFP. • (L -50) Future FY13 Project — See /X. B. 3 1612 A15 Staff reviewed a proposals received from McGee & Associates for Annual Landscape Architectural Maintenance Consulting Services for Lely dated September 19, 2012 and Contract Administration Professional Services for Lely MSTU District Pebble Beach Boulevard Lighting Improvements. (See attached) Mike McGee explained how the proposals were structured and noted the annual consulting proposal outlined monthly and optional services. Robert Slebodnik moved to accept McGee & Associates proposal for the Annual Landscape Architectural Maintenance Consulting Services from October 1, 2012 to October 1, 2013 in the amount of $11,905.00. Second by Kathleen Dammert. Motion carried 5 -0. Robert Slebodnik moved to also approve McGee & Associates bid proposal - $4,785 for the "special project'; Lely Golf Estates MSTU Pebble Beach Lighting. Second by Kathleen Dammert. Motion carried 5 -0. B. Review of the To Do List Staff distributed a To Do List. (See attached) Item #3 — Painting of U Channel Metal will be completed after rainy season. IX. Future Projects A. FY 2012 — Addressed under Vlll. A. B. FY 2013 — Paver Cross Walk at Entrance — US 41 at St. Andrews Robert Slebodnik led a discussion on sprucing up the entrance and asked for suggestions. The Committee brainstormed suggestions and positive remarks included: • Pavers • Nice enhancements to signify entering a community, guard house or structure • Land values would be worth more • Something that would set the community apart Mike McGee presented suggestions for the new entrance by providing photographs of other communities that were not gated, photographs of the current entry and a site plan of the entrance. (See attached) He suggested: • Dropping the power underground • Paving a portion of the street at the shopping center • Paving some curbing • Replacing sign • Adding a trellis to hide an old bank sign • Start off with a clean slate and new design al 1612 p15 Tony Branco recommended the Committee look around at other communities to get ideas and see what is appealing. Darryl Richard concurred with his recommendation and suggested they also take pictures. Robert Slebodnik suggested the project be done in phases. More discussion was made on what needs to be done and how to proceed Mike McGee told the Committee to decide on a concept, develop the concept, decide on the phases and look at the total costs over a 5 -year period. Darryl Richard asked the Committee if they would like to hold a workshop and it was decided to hold a workshop at the next regular meeting. X. Committee Reports - None XI. Old Business - None XII. New Business - None XIII. Public Comments - None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 3:25 p.m. Lely Golf Estates Beautification MSTU Advisory Committee Z'A'/ 1� �'94Z /Z Robert Slebodnik, Chairman These minutes approved by the Committee on /0--/ &---1 2 as presented X OR amended The next meeting is October 18, 2012 at 2:00 p.m. Growth Management Division — Construction & Maintenance 2885 Horseshoe Drive South, Naples, FL 34104 5 .� 1612 A15 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 September 20, 2012 AGENDA 1. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: July 19, 2012 V. Budget Report — Gloria Herrera VI. Landscape Maintenance Report — CLM and McGee & Associates VII. Landscape Architect's Report — McGee & Associates A. Doral Bridge Project B. Pebble Beach Blvd. Lighting VIII. Transportation Operations Report- Darryl Richard A. Project Manager's Report B. Review of the To Do List IX. Future Projects A. FY 2012 B. FY 2013 - Paver Cross Walk at Entrance - US 41 @ St. Andrews X. Committee Reports XI. Old Business XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is October 18, 2012 at 2:00 p.m. Growth Management Division — Construction & Maintenance 2885 Horseshoe Drive South, Naples, FL 34104 16,1 2A F 15 Ittl GOLF ESTATES BEAUTIFICATION MST ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 84104 September 20, 2012 Minutes III. Approval of Agenda Remove: Vll. A. Dora/ Bridge Project Move: Vll. B. Pebble Beach Blvd. Lighting to V11. A. Jennifer Tanner moved to approve the September 20, 2012 agenda as amended. Second by David Larson. Motion carried unanimously 5 -0. IV. Approval of Minutes: July 19, 2012 Change: Vlll. A. 2nd to last sentence — meant to say "save on electric during hours with minimal traffic and save" Jennifer Tanner moved to approve the July 19, 2012 minutes as amended. Second by Dave Larson. Motion carried unanimously 5 -0. I. Landscape Architect's Report — McGee & Associates A. Pebble Beach Blvd. Lighting Jennifer Tanner moved to approve Bentley Electric's bid, based on fact they will change their insurance, in the amount of $129,617.46 for the Lely Pebble Beach Lighting Project. Second by Kathleen Dammert. Motion carried 5 -0. II. Transportation Operations Report A. Project Managers Report Robert Slebodnik moved to accept McGee & Associates proposal for the Annual Landscape Architectural Maintenance Consulting Services from October 1, 2012 to October 1, 2013 in the amount of $11,905.00. Second by Kathleen Dammert. Motion carried 5 -0. Robert Slebodnik moved to also approve McGee & Associates bid proposal - $4,785 for the "special project'; Lely Golf Estates MSTU Pebble Beach Lighting. Second by Kathleen Dammert. Motion carried 5 -0. 16 12 -A _ ! 15 Updated: September 20, 2012 Lely MSTU Project Status (L -49) ACTIVE — Pebble Beach Lighting Project 04- 18 -12: PUD confirmed approval of deviation request to install the light poles as per proposal by McGee & Associates. This approval requires some modifications to project plans. 05- 17 -12: Final 100% submittal is pending from McGee & Associates. 06- 06 -12: 100% revised plans received from McGee. 06- 21 -12: Plans are under review with PUD for approval for construction. 07- 19 -12: ROW Permit Application and associated plan review in progress anticipated to be completed by July 27, 2012. 09- 20 -12: BID RESULTS ARE IN: Low bid is Bentley Electric at $129,617.46 (L -34) - ACTIVE - On Going — Ongoing Maintenance Contract: Commercial Land Maintenance; 7- 27 -09: Commercial Land Maintenance has trimmed all shrubs to required specification of "Cut to 18 inches and maintain at 24 inches "; Staff will inspect the project on a `weekly basis'; Contractor is to provide service reports within 12 hours of completion of any contract service (ref: notification originally sent on 6 -30 -09 to CLM via email) 07- 19 -12: Ongoing Maintenance is by Commercial Land Maintenance 09- 20-12: maintenance on -going per annual contract (L -45) ACTIVE — On Going - McGee Annual LA Services — Landscape Architectural Services 07- 19 -12: McGee & Associates under ongoing contract (under contract 08 -5060) 09- 20 -12: New proposals received for advisory committee review under new contract 12 -5892. (L -50) FUTURE FY -13 PROJECT — St. Andrews Front Entrance Project. 09- 20-12: Project scheduled to be performed during FY -13 per advisory committee discussion. Scope development needs to be completed with McGee & Associates in coordination with advisory committee. Q1 Ln I y I C- W 11-1 N F+ -L A 0 � W 0 c N p p w (D fD (D CL '* (D a O Oq p O A O ((D '< (xD -p+, N c O Q a N C p �, 3 N :3 0 0 rr '+ 0 U < S S 0 fD rD CL v ar0 0 o a o' m rt o -. N CD c D of CD r- o 7 (D O Q fD W -s rt W r+ O O_ N p -S rD a) �. 0 CL CD ID _� fD (D r+ rD N A O y _ o (D an r+ O (D rt u r c °, X CDD m M o v v v z v v 3 0 0 0° 0 0 V m m m m m Z G) m v r) v vvv v co O C) � O �_ 0 y+ ��+ :E M M (D r- rr 0 y 0 0 rr rD 0.) + C7 (ODD Q (DD rD - S Q. m C y' N (D = rr O H Otl r o- S' O' s S �_ r2 (D Ol O. - O 0q rt p (D N. 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N r >_ cv c a r EElap l e ?)O '� � TOO p �' O Z � � r)) zz zZ m3 m� �m1 �mi1 D ITIQ �mf1 D D �m1 D �mT1 D D TIT M T m m y N z N p A r g tVn F C p r W OJ N A Of 0+ O N tJ, � � a o z 11 NINE z O O r V V N A W ~ N V O 0 O In N A C F' = O r V N N A A N N A A y 0i rn T NUNN yz F N i W N N N N N N A DD X O D T r y x m M T N N N N N N N N N N N N N N N N N C 0 m z V a p O N N W N V V N O N O 0 0 z N y - 40 o O N o 0 o O o o N O O O V o o O O N O O O O O O O OO O O W O O O fn O F O O fJ� O 0 0 O O O O O O O O O O O N O O O N N N N N N N N N N N N N N N N N N N � fA 0 O V W P, N -• 1D W W N O O y N O O -4 O NO O O -4 O O r G O O O O O O O C O fJ1 N O O O O O O O O O O O O O O O O O O O O O O 16; A 15 Landscape Architecture September 19, 2012 Mr. Darryl Richard, RLA, MSTU Project Manager Lely Golf Estates Beautification, M.S.T.U. Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Annual Landscape Architectural Maintenance Consulting Services for Lely M.S. T. U., M&A 2012 -006P Dear Mr. Richard, The following is presented for your review and approval The maintenance consulting services will be provided on a monthly basis generally coordinated with the M.S.T.U. Advisory Committee monthly meetings. The limited refurbishment design services will be quoted on a per project basis due to the unknown requirements of the work to be performed. McGee & Associates agrees to provide the following services for a period of twelve (12) consecutive months beginning October 1, 2012 through September 30, 2013. Monthly Services Task I - Attendance at all Lely M.S.T.0 publicly advertised meetings. (Based upon one meeting per month 18 hours) Task II - Attend no less than (12) monthly in the field meetings with staff and Contractor to review the project areas; attend no less than (2) additional meetings as requested. (Based upon 14 hours) Task III - Review and comment on the "General Maintenance Report Sheets" which is required to be submitted by the Contractor with pay request submittals. Review of estimates provided by Contractor with recommendations. (Base upon one review per month 3 hours) Task IV- Provide written and /or oral comments and recommendations based upon on -site observations of the M.S.T.U. areas addressing: improvements, landscape plant and irrigation maintenance problems or deficiencies. This includes evaluation of Contractor performance per contract specifications. Submit monthly written report to Department of Alternative Transportation Modes staff three (3) days prior M.S.T.U. meeting. (Base upon one report per month 24 hours) OPTIONAL SERVICES Task V - Upon Request Limited Refurbishment Design Services 1. Provide limited (minor) refurbishment design services and observation of installation on an as requested basis, i.e. deliverables /functions might be as follows: a. Diagrammatic planting plan sketches with a recommended plant list. b. Field locations for plants or improvements by staking, flagging or marking paint. * Environmental Management * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A Page Two Lely Golf Estates M.S.T.U. Annual Grounds Maintenance Consulting 9/19/12, 2012 -006P Task VI- Upon Request Miscellaneous Services (Estimated) 16'I 2A15 1. Provide assistance in developing the contract maintenance specification for purposes of bidding. 2. Attend pre -bid meetings and assist in preparing any necessary addendum related to maintenance contract bidding. Maintenance Consulting Services Fees Task I through IV Maintenance Consulting Services Unit Rate Cost Principal /Senior L.A. 59 $135.00 $7,965.00 (Time & Materials) Degreed L.A. Design Associate 0 0 $125.00 $ 85.00 $ -0- $ (Time & Materials) AutoCAD Technician 6 $ 65.00 -0- $ 390.00 (Time & Materials) (Time & Materials) Administrative Assistant 12 $ 55.00 660.00 (Time & Materials) $9,015.00 Task V (Optional) Limited Refurbishment Design Services Unit Rate Cost Principal /Senior L.A. 12 $135.00 $1,620.00 (Time & Materials) Degreed L.A. 0 $125.00 $ -0- (Time & Materials) Design Associate 0 $ 85.00 $ -0- (Time & Materials) AutoCAD Technician 8 $ 65.00 $ 520.00 (Time & Materials) Administrative Assistant 2 $ 55.00 110.00 (Time & Materials) $2,250.00 Task VI (Optional) Limited Miscellaneous Services Unit Rate Cost Principal /Senior L.A. 4 $135.00 $ 540.00 (Time & Materials) Degreed L.A. 0 $125.00 $ -0- (Time & Materials) Design Associate 0 $ 85.00 $ -0- (Time & Materials) AutoCAD Technician 0 $ 65.00 $ -0- (Time & Materials) Administrative Assistant 0 $ 55.00 $ -0- (Time & Materials) $ 540.00 Reimbursable expenses allowance: $ 100.00 If you should have any questions or need further information please contact me any time. We look forward to working with your Department while improving and maintaining our roadways. Cordially, 7� iQee 14 7&66 Michael A. McGee, r1a. President, McGee & Associates LC 098 61 16,12p15 0 w O N m N L U U7 wl 7 U) 2 0 0 ;0 0 O O C. O. 0 O 0 O. O O 0 O. O O O O O G 0 O 0 O. O 0 O. 0 O O G: O O C) r M Q I! w N o 0t N ui O Q� t6 O V 0 0 O O. Q> W u 0 N 0 0 0 0 0 0 O N N N O N N ~ Q7 Z N N d J �3 t O W uj Ui t- LL 0 0 0 0 0 0 p o bo o o o 0 0 0 0 0 0 0 0 0 0 0 o Q W Q 0 V 10 O 0 N o N. . v �pu. O 0 o m W u O o N 0 N 0 � ca} N. 6 M 0 N 0 O 0. r O N N N M N p N p fn M to N F_ Ww U) W W LL O O O O O O O O O O Q 0 0 O 0 O 0 O O O Q, p W N m N Q O 0 0 N O O N Q y N 00 K f } LO = NN W O 0 C 0 o 0 O 0 O 0 O 0 o O 0 0 O 0 O 0 O a o o O. 0 0 0 0 q O 0 e� V 0o o 0 OM 0 is m r Z y 0 W 0 N N N t00 m. m tp m FA M -0 N r M 0 U ) # 01 V F W N Q N LL y ca LU a a r IW y 0 F z H 0 o 0 o 0 0 0 0 o 0 O o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 C7 Q (6 U p W= O c; O O. 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Q N o LU m d CO o o U O U) m E mO ' Z m' W O` F: a �` :�° v E- E E LL W Q, m s rn t s E s o E s U~ m W{ W Z 'Z J y f d~ m .3 ~ U ~~ °S N K O d j m i Z d _ a o o 3 N a N a a- -i O> > z 0 w O N m N L U U7 wl 7 U) 2 Uc�zre &.444ee4zrw 16i A15 Landscape Architecture September 19, 2012 Mr. Darryl Richard, RLA, MSTU Project Manager Lely Golf Estates Beautification, M.S.T.U. Department of Alternative Transportation Modes Growth management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Proposal of Contract Administration Professional Services for Lely Golf Estates MSTU Beautification District Pebble Beach Blvd. Lighting Improvements. M & A (2012 -005P) Dear Mr. Richard: McGee & Associates is presenting the following proposal of services for your review and approval. McGee & Associates (M & A) agrees to provide the following "Scope of Services" related to the contract administration services for the above listed project. The project area will generally be described as the road right -of -way and easement areas of Pebble Beach Blvd. from St. Andrews Blvd. to Big Springs Dr. North. See attached "Project Task and Fee Schedule" Sheet for design service hours and costs. Scope of Services 1.1 Contract Administration 1.1.1 Provide on -site observations for services during construction to determine compliance with plans and specifications, as well as review and approve pay request applications. 2.1 Sub Consultants 2.1.1 Provide professional electrical Engineering services for contract administration /services during construction. 3.1 Reimbursable 3.1.1 Per Design services "Professional Landscape Architectural Services" Contract #12 -5892. 4.1 Estimated Services Schedule 4.1.1 M & A shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Task Description 1.1 and 2.1 Services During Construction: Based upon a 160 day installation contract Excluded Services The professional services to be provided are limited to those described in the Scope of Services. All other services are specifically excluded, including, but not limited to the following items: Environmental Services, Geotechnical Engineering Services, Hydro geological Services Land Surveying Services, Full Time Construction Observation Services Michael A. McGee, r.l.a. President, McGee & Associates. LC 098 Design " Environmental Management * Planning * Arborist 5079 Tamiami Trail East/ P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A cal 16 I c A15 ��' r m m a> a) a) d F N J d 0 0 0 N O N 0000 Lo c`) to M ou) N m V co le 44 le fA 41w VY J H w N a) O w F LL � r O O O � H N N N V Q F .- N r N r N J z � Z J 0 U z d E LL W w 6s O O ::.c! 1: Q. a X11 N r o W °, iA O C N Vi (IY N N w r O F (A w b N cD W LL T4. 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LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE - CHAIR: Loretta Murray Rochelle Lieb Connie Bettinger - Hennink ABSENT: Carla Grieve ALSO PRESENT: Marilyn Matthes, Library Director Roberta Reiss, Literacy Coordinator Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Fiala Hiller / Henning — Coyle +' oletta — Mrs. Lewis asked for additions or corrections to the minutes of February 15, 2012. A few minor corrections were noted. Mrs. Lewis moved to approve the minutes, seconded by Ms. Lieb and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT — Mrs. Reiss stated: • They have completed four sessions of our first literacy computer use program. • They are going to offer a second class with more advanced computer skills. • Danielle Sanchez will be compiling a Spanish language survey for the East Naples branch. Some of the questions on the survey will ask what kind of computer help people need. Danielle has also been working on a Spanish language display which will help the Spanish speaking participants be aware of different services, lectures and learning situations the library offers. • The literacy program requires that participants go through a set number of hours on their computer -based English learning. When the potential person cannot use the computer they cannot be part of the program. The participants are very anxious to become comfortable with a computer REPORT OF OFFICERS- None COMMUNICATIONS - Mrs. Lieb mentioned that she really appreciated the library staff newsletter. Mrs. Matthes stated the newsletter is put together by April Ristau and the copies come from individual people. The newsletter is printed monthly and if you want to view it from home you can go log on to staff.collier- lib.org. UNFINISHED BUSINESS 1) Employee of the month — March Misc. Corres: • Ms. Bettinger - Hennink nominated Nicole Duquette for empligar of the month. Mrs. Lieb seconded the motion. Motion passed. 1 Item #: Qowam I Lim zq I to Copies to: 1612,116 2) June meeting — • Mrs. Murray mentioned that we need to discuss the June meeting dates in the meeting next month NEW BUSINESS: 1) Internet Policy Revisions Mrs. Matthes stated the following: • She is trying to make the new policy easier to understand without needing to read so much. • Currently it does not include using computers for illegal activities. The library needs to have a plan for disabling the filter for legitimate research. • It needs to consider the Children's Internet Protection act. (CIPA). • This policy has gone to the state attorney for comments. o Other policies needing revision include the meeting room policies and the collection development policy. Mrs. Matthes handed out the Circulation stats and mentioned: • In January circulation is up slightly less than 3% and February 5 %, but brings the total to date 3,225 items higher than the same period last year. Mrs. Lieb asked if the amount of seasonal library cards have gone up at the Naples branch. o Mrs. Matthes replied that the report does not allow us to check on a period in the past. In order to do that, she must keep track of library cards on a monthly basis. • Mrs. Lieb asked about whether a newcomers brochure is available and whether the library is listed. Mrs. Matthes replied and said the County had just updated it. 2) Staffing: Mrs, Matthes stated the following: • Staff is interviewing to replace 1.5 FTEs at Headquarters. • We have received forty applications for a computer position at Headquarters. • We think we have permission to replace a full -time employee Immokalee branch but, it has not been advertised. • Steve Carvell is our new interim Public Service Director. • One of the drivers hurt his back last week. • A Job Bank temporary employee from Vanderbilt has given her two weeks notice to take another full -time permanent job. • The other Job Bank employees are here through the first week of May. • Claire Oss is retiring at the end of May. 3) Mid -year budget cut Mrs. Matthes stated: We were not part of the budget cut. 2 1612 A16 Our division will be meeting Thursday afternoon and the FY2013 budget is on the agenda. GENERAL CONSIDERATIONS Mrs. Bettinger - Hennink stated: • Cat in the Hat was a success in Golden Gate. She read Green Eggs and Ham seventeen times and to thirty -one classes. • She has been to every volunteer appreciation event and made it a point to tell the volunteers that the libraries are down 30% of employees and stressed the importance of volunteers. • If the Library board members get a chance they should visit with the volunteers and the variety of experience they have and the history they bring to our Library branches. • One Volunteer mentioned that she does not like the requirement to be fingerprinted. • She also mentioned school starts the 20th of August and it will not be a conflict for our August meeting. • Marilyn McKay, at the volunteer appreciation lunch, reported that volunteer hours at Naples Regional is the equivalent to four full -time employees • Claudia, Naples Regional, commented to Mrs. Bettinger-Hennink that she thought the five dollar fee for computer usage was too high. • Mrs. Murray stated: She went to a book signing for a local writer Jacqueline Buyze who wrote a book about what lawyers do. She would like to buy ten books and donate them to the libraries. Jacqueline will be autographing all ten books. DIRECTOR'S REPORT • Mrs. Matthes stated: Jeff Lytle wrote in his column that the library had passes for the children museum. But this has not happened yet. The Museum is looking for sponsors to pay for the program. Library applied for the a -rate refund support for Internet access for the coming year. We are proposing to increase our capacity band width by July 15t e The e -rate request also included support for long distance calls so that the library can eliminate the printing of most notices and use only phone notices and e-mail notices. A few notices will still have to be printed. e There are many snowbirds and tourists who have long distance numbers • The Library received a great comment from someone who was very happy with the down loadable books. They have encouraged her son into actually reading and listening to books. She was very grateful for the service. REPORT OF THE FRIENDS 3 1612.116 i Mrs. Grieve was not able to attend but still she sent me an e-mail and reported the following: • Bagels and Books club breakfast was held at the Hilton on Monday, March 5th about two hundred people attended. The speaker was Deborah Crombie. The committee is accumulating a book list from the book club members for publicizing in the Friends of the Library Newsletter and /or on the Friends of the Library website. They are still trying to work with the book club as library supporter • Linda Fasulo, the Executive Director of the Friends of the Library, is retiring at the end of May. Currently Linda lives in Punta Gorda and the commute is too long. • Mrs.Matthes mentioned they are interviewing this week for a new Executive Director and have good applicants. The organization really needs someone to coordinate all the volunteers and the paperwork. • Mrs. Grieve also sent her first two articles to eBella magazine and one to Life in Naples, in response to their requests for information about the Friends of the Library. • The Red, White and Roulette will be held on November 2nd at the Waldorf- Astoria Hotel in Naples. • Annual book sale preview night for Friends of the Library members took place Thursday, March 15th. Mrs. Matthes mentioned that individual branches will again hold fall book sales. • The Library and the Friends are having the pot luck at the Headquarters branch for the employees, friends and family on March 30tH Ms. Bettinger and Mrs Lewis stated: They both had a negative experience with one of the employees while she was renewing her membership for Friends of the Library. Mrs. Matthes will check on it. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved to adjourn, seconded by Ms. Bettinger - Hennink and carried unanimously. The meeting was adjourned at 11:35 a.m. Approved by: Doris J. Lewis Chair, Library Advisory Board 4 , 4w�'- _ 1612A1f�`��R�r��. Naples, Florida, April 18, 2012 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE - CHAIR: Loretta Murray Connie Bettinger - Hennink Fiala Carla Grieve Hiller Henning I ✓ ABSENT: Rochelle Lieb Coyle Coletta — Roberta Reiss, Literacy Coordinator ALSO PRESENT: Bob Murray, Guest Bill Pappalardo, Executive Director of the Friends Marilyn Matthes, Library Director Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of March 21, 2012. A few minor corrections were noted. Ms. Murray moved to approve the minutes, seconded by Mrs. Bettinger- Hennink and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT In the absence of Mrs. Reiss, Literacy Coordinator, there was no Literacy Program Report. REPORT OF OFFICERS - None COMMUNICATIONS Mrs. Grieve shared a brochure that included a full page about programs offered at the library and sponsored by the Friends. They coordinate with the first ArtsNaples World Festival, highlighting Russian culture. Denise McMahon will be on the Dave Elliott show today to talk about the Money Smart Program. There is an article in Life in Naples highlighting the Friends fifty-fifth birthday. UNFINISHED BUSINESS 1) Employee of the month – April • Mrs.Grieve nominated Opal Vann for employee of the month. Ms. Bettinger- Hennink seconded the motion. Motion passed. a. Request to leave name of nominator on form • Motion was passed to keep the nominator's name off the EOM form. 2) June meeting Qor • Mrs. Lewis noted that the meeting can still be held at the Imsmoka`ee branch on June 20, 2012. Date:_ k Vb 1 item #: 0opies to: 1612 A16 3) Internet Policy Revisions • Mrs. Matthes handed out a draft of the Computer and Internet Policy. Some corrections were noted. Mrs. Murray moved to approve. Ms. Bettinger- Hennink seconded the motion. Motion passed unanimously. Mrs. Matthes will send the Computer and Intemet Policy to the County Attorney's office for final approval for legal sufficiency. NEW BUSINESS: Mr. Bob Murray's expressed concerns about the Library meeting room policy: • The South Regional Library was constructed for citizens to conduct meetings and it is sitting idle. • If a meeting starts before the library closes, the meeting should be allowed to continue. Mrs. Matthes reported: • A formal request for legal service was sent to County Attorney's office. They recommended to not allow the use of a county facility after hours because of liability issues. Risk Management concurred. • Mrs. Matthes will email a copy of the legal request to Mr. Murray. Ms. Bettinger - Hennink stated: • When early elections take place and a public building is open, it creates a perception problem when patrons want to use it even though the library is closed. • When the community center is open there has to be a county employee present. Mrs. Grieve asked: • How long of an extended time after we close do you think the library will be open? Mrs. Murray asked: • When people use this facility what is the agreement? Is there insurance that they have to have? Mrs. Matthes replied, that currently there is no insurance required. • Jennifer Edwards pays for any extra employee hours during early voting. Mrs. Lewis stated: • This topic will be on the agenda for next month. • Board members asked Mrs. Matthes to draft a policy change that allowed use after hours when the program started before the library closed. GENERAL CONSIDERATIONS Ms. Bettinger - Hennink stated: She has been to every Volunteer appreciation event this year. DIRECTOR'S REPORT • Mrs. Matthes reported: • The Headquarters and Immokalee branch have open full -time positions. 2 1612 A16 • The Headquarters branch had to trade off a position to keep a reference. We will transfer an employee from another location to Headquarters Circulation. • Two employees are currently on FMLA. • The library has met the 5% decrease in budget. o Instead of reducing library hours, funds from both State Aid to Libraries and the Trust Fund will be used to hire several year -round temporary employees. • State Aid and Trust fund money will also be used to purchase library materials. • The library is currently up- dating and changing the library e-mail system. • Print circulation in March is down. When electronic counts are added, the deficit should decrease some. Final figures will be available at the next LAB meeting. REPORT OF THE FRIENDS Mr. William Pappalardo introduced himself and spoke about his back ground. He is the new Friends Executive Director. Mrs. Grieve and Mr. Pappalardo stated : • The Nick Linn Lecture summer program will be held at the Bentley Village and co- sponsored by the Friends and Bentley Village. • The Friends of the Library newsletter has been distributed. • Linda Fasulo, former Friends Executive Director, will continue to work with the Nick Linn Lecture Series by booking authors. • The Friends of Library brochure has been translated into Spanish. • The Friends website will be expanding and will be more interactive. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved to adjourn, seconded by Mrs. Bettinger- Hennink and carried unanimously. The meeting was adjourned at 11:55 a.m. Approved by: D Doris J. Lewis U Chair, Library Advisory Board 3 1612 A 1 Naples, Florida, May 16, 2012 BY: ....................... LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE - CHAIR: Loretta Murray Fiala -- Connie Bettinger- Hennink Hiller Carla Grieve Henning —' Coyle ABSENT: Rochelle Lieb Colette Roberta Reiss, Literacy Coordinator ALSO PRESENT: Marilyn Matthes, Library Director Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of April 18, 2012. A few minor corrections were noted. Ms. Murray moved to approve the minutes, Ms. Bettinger - Hennink seconded by and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT In the absence of Mrs. Reiss, Literacy Coordinator, there was no Literacy Program Report. REPORT OF OFFICERS - None COMMUNICATIONS Mrs. Grieve shared an article about the evolution of the libraries and people checking out electronics and that the libraries have become more of a community center. The Naples Daily News continues to be good and very responsive about publicizing the libraries and friends programs. UNFINISHED BUSINESS 1) Employee of the month – May • Ms.Bettinger- Hennink nominated Marie Mattingly for employee of the month. Mrs. Murray seconded the motion. Motion passed. 1 2) Internet Policy Revisions: • Mrs. Matthes will have the revised document for Mrs. Lewis to sign for the next meeting. Misc. Corres: Date: % Item #A Lo'M 2%q I tQ v, Hies to: 1612 A16 3) Meeting Room Policies: • Mrs. Matthes handed out a draft of the meeting room policies some corrections were noted. Ms. Bettinger- Hennink moved to approve. Mrs. Murray seconded the motion. Motion passed unanimously. The County Attorney Office still needs to approve for legal sufficiency. NEW BUSINESS: 1) Collection Development Policy: • The library will purchase Fifty Shades of Gray: nine copies of the trilogy. 2) Staffing update: • Tanya Williams has interviewed several people for the Immokalee branch for the library associate position. • The IT position hopefully will be filled soon. • Children's department is concluding interviews to hire a library assistant. GENERAL CONSIDERATIONS: Mrs. Carla Grieve stated: On September 7 1957, the Board of County Commissioners approved the concept of Collier County having a free public library. On the county website there is something called a proclamation. Can the library do something to mark this event? Ms. Bettinger - Hennink stated: She is very happy that there is an adult book reading program. DIRECTOR'S REPORT • Mrs. Matthes reported: • Battle of the Bands will be held at the South Regional library in the auditorium. • A flier was handed out in reference to library usage from last year circulation numbers in comparison to this year. • The courtyard will be finally updated with money donated from Jane Parks. The fountain will not be moved but will be reduced in size. The concrete stage will be removed. The library has a portable stage and that can be put out there for any performance. A Royal Poinciana tree will also be added for more shade. • The e-mail servers have been having difficulties. Mike Widner has solved the problem now. • The parks department is going to be using the old Golden Gate branch for a special needs camp and they will pay utilities. • The Senior Resource Center would also like to use the old Golden Gate branch. They have a new proposal and would like this to begin in October and they will also pay utilities. • Mrs. Matthes asked the LAB members if they have any concerns or reservations about having adult programs for only library card holders? • Claire Oss's, retirement party is going to be on Thursday during lunch time and all of the Library Advisory Board members are invited. • The library is also interviewing to replace Claire. 2 16116 ' REPORT OF THE FRIENDS Mrs. Grieve stated: • Debbie Thomas is going to retire. • The committee work that is going on is for the Red White Roulette and scheduling speakers for the Nick Linn Lecture series. • The Board does not meet again until October. • Summer lecture program will be held at Bentley Village. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved to adjourn, seconded by Ms. Bettinger- Hennink and carried unanimously. The meeting was adjourned at 11:40 a.m. Approved by: Doris J. Lewis (' Chair, Library Advisory Board V 3 Naples, Florida, June 20, 2012 1612 A 1� BY:.. ..................... LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m, in the Immokalee Branch Library with the following members present: CHAIR: Doris J. Lewis VICE - CHAIR: Loretta Murray Connie Bettinger - Hennink Carla Grieve Rochelle Lieb ALSO PRESENT: Marilyn Matthes, Library Director Tanya Williams, Immokalee and HQ Managers Roberta Reiss, Literacy Coordinator Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Fiala Hiller Henning Coyle Coletta _ Mrs. Lewis asked for additions or corrections to the minutes of May 18, 2012. A few minor corrections were noted. Ms. Bettinger - Hennink moved to approve the minutes, Mrs. Lieb seconded and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT Mrs. Reiss Reported: • The Conversation Club will not be held in the month of August. It will start again in September. • Starting in August we will be having four computer classes, and they will be held at the East Naples Branch. • There will be a second level computer class that will be given by Kathleen Dolan. • All of the Computer classes last about an hour and thirty minutes. REPORT OF OFFICERS Mrs. Lewis stated she received her fifteen year pin for her service as a volunteer on the Library Advisory Board. COMMUNICATIONS Mrs. Grieve shared that the library newspaper article is now appearing in the Collier Citizen. The Collier Citizen is published every Friday but, the library update will be published on the first Friday. Mrs. Grieve also will give the Naples Daily News an update on Overdrive and the summer reading program. ilis:,. Corres: Date: `� Ib 1 ltem #: \ L0 -;ZZ 219 \ U ' -� to: UNFINISHED BUSINESS Pa 1612 A16 1) Employee of the month — June Mrs. Lewis nominated Ann Viets for employee of the month. Ms. Bettinger - Hennink seconded the motion. Motion passed. 2) Meeting Room Policies — Mrs. Matthes stated that she has not received the final draft from the attorney. A few minor corrections were noted to the fee schedule and updated. Mrs. Grieve moved to approve the fee schedule, Ms. Bettinger - Hennink seconded and the motion was carried unanimously that the fee schedule be approved as corrected. The fee schedule will be presented to the Board of County Commissioners for the final approval. 3) Collier Senior Resource Center- Mrs. Matthes mentioned the old Golden Gate library branch will be used in October of 2012 by the Collier Senior Resource Center. The use needs to be approved by the Board of County Commissioners. NEW BUSINESS 1) Staffing update- Mrs. Matthes stated: • Lisseth Weschler is going to move to Claire Oss's position and her former position will be posted. • Michael Brauer has also started in our IT department. He replaced Adrienn Bonyai • Barbara DeSmet is retiring July 5, 2012. She has been with library 17 years • Christine Hirsch is retiring August 1, 2012. She has been with the library 6 years. Tanya Williams stated: • In Immokalee there are two positions currently open; one is for a library assistant the other position is for an outreach specialist. • Chris Marrero has been promoted to library associate in Immokalee. 2) Tanya Williams Immokalee Update • Circulation is always fluctuating and there is not a predictable trend. • Computer usage has gone up. Currently we have four computers that are specifically for extended use for e- government. The staff reserves the computers for those patrons. Since the router has been replaced the wireless system is working better. 3) Renewal of DVD's • Mrs. Matthes would like to change the policy to enable people to renew DVD's one time. The board voted to change the policy. Mrs.Lieb moved to approve and Ms. Bettinger - Hennink seconded and the motion was carried unanimously. 4) The Library Advisory Board annual meeting will be held in August. 1612 A16 GENERAL CONSIDERATIONS: Mrs. Bettinger - Hennink: • Joy White's "Tweets" are very informative. • The Library Advisory Board can participate in the summer Adult reading program. Mrs. Grieve asked: • If we can ask Joy White to participate in one of our Library Advisory Board meetings and explain how the social media works. Mrs. Matthes will arrange. DIRECTOR'S REPORT Mrs. Matthes reported: • The library is now checking out children's museum passes. • David Chalick has applied for a grant for unemployed patrons to gain computer skills. This grant is through the State of Florida Library Association. • Steve Carnell will be attending our August Library Advisory Board meeting. • Steve Carnell and Mrs. Matthes will be visiting all of the libraries in August. • Pat DeGroot received a nice letter of commendation from a patron. (South Regional) • Michael Rodriguez also received a letter of commendation from a patron. (Headquarters) REPORT OF THE FRIENDS Mrs. Grieve stated: • The friends of the Library have two new employees. Amy Kolis is the Office Manager and Amy Schiffer is the Marketing and Graphics Specialist. ADJOURNMENT and tour of the Immokalee Branch Library There being no further business to come before the Library Advisory Board, Mrs. Lewis moved to adjourn, seconded by Ms. Bettinger - Hennink and motion was carried unanimously. The meeting was adjourned at 12:00 p.m. Approved by: Doris J. Lewis Chair, Library Advisory Board 3 Y Naples, Florida, August 15, 2012 A 1612 D - BY: ...................... LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Branch Library with the following members present: CHAIR: Doris J. Lewis - District - 4 Fiala T) Hiller VICE - CHAIR: Loretta Murray- District - 1 Henning Connie Bettinger - Hennink- District - 3 Coyle ✓' Carla Grieve - District - 2 Coletta T Rochelle Lieb- District - 5 ALSO PRESENT: Marilyn Matthes, Library Director Roberta Reiss, Literacy Coordinator Steve Carnell, Interim Public Services Administrator Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of June 15, 2012. A few minor corrections were noted. Ms. Bettinger - Hennink moved to approve the minutes, Mrs. Lieb seconded and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT Mrs. Reiss reported the following: • The Conversation Club will start in September and run through December. • On September 4th, the four week series of library basic computer classes will commence. • The library will be able to fill the classes with a maximum of seven to eight students. • David Chalick has invited a representative from SW Florida Works program to provide LSTA Grant Program training for our staff. The training will take place on September 1 gth at the East and Golden Gate Branches. • Roberta Reiss, will meet with the new executive director from School on Wheels, to provide a program update. REPORT OF OFFICERS None COMMUNICATIONS Mrs. Lieb discussed a newspaper article that did not list the library in the disclaimer. Marilyn Matthes will contact the organization. Misc. Corres: 1 Date:_ ►\$l1'� Item #: 1 LA-S 2 lq ► to copies to: 1612 A16 UNFINISHED BUSINESS 1) Employee of the Month — July • Mrs. Murray nominated Ellen Tanner for the July employee of the month. Mrs. Grieve seconded the nomination and the motion passed. Employee of the Month - August • Mrs. Murray nominated Sharon Berrueta for the August employee of the month. Mrs. Lieb seconded the nomination and the motion passed. 2) Meeting Room Policies — Minor corrections were noted for the fee schedule and they were updated. Ms. Bettinger - Hennink moved to accept these fees as amended. Mrs. Lieb seconded and the motion carried unanimously. 3) Social media update — The update will be scheduled for our September LAB meeting. NEW BUSINESS 1) Steve Carnell , Interim Public Service Administrator, introduced himself • Mr. Carnell stated that he is here to assist the library system, and Mrs. Matthes, with the budgeting system and acquiring additional staffing. • Mrs. Matthes has reduced the budget by five percent this year she also has State Aide money she can spend for hiring employees 2) Outside use of Library facility policy • Mrs. Matthes stated she would discuss our current policy with the county attorney after the elections. 3) Long range plan update • Ms. Bettinger - Hennink moved to accept these minor grammatical corrections as amended and approve the recommended annual work plan. Mrs. Lieb seconded the motion. It carried unanimously. 4) Annual update report (AUIR) Mrs. Matthes stated that the update is based on population changes. The report also indicates how the library is doing at the current moment and the anticipated money needed to maintain the level of service. 5) Name Change: Orange Blossom Headquarters. • Mrs. Matthes would like the LAB members to consider this option. 6) Collier Connects Grant policy • Ms. Bettinger- Hennink moved to accept these changes with staff input as amended and approve the fee schedule. Mrs. Lieb seconded and the motion carried unanimously. K 1612 A16 GENERAL CONSIDERATIONS Ms. Bettinger - Hennink stated the turnout for the Adult summer reading program event was great. She mentioned a few concerns: • The bookmarks were scheduled for distribution on June 4th and some employees were not aware of the procedure because this was a new program • The bookmarks also should have been turned in July 23`d, but the program ran until July 31St. the dates on the bookmarks were confusing. • Ms. Bettinger - Hennink suggested that participation from a younger crowd should be encouraged Mrs. Grieve stated show your Library Card during September and get a discount at local businesses is a new promotion. DIRECTOR'S REPORT Mrs. Matthes reported the following: The library has now purchased a bar code scanner for each library locations that enables a patron to use a smart phone in lieu of a library card. Current Statistics: Mrs. Matthes distributed a list indicating that the library is thirty thousand ahead in circulation from last year. She is optimistic it will continue to increase. Staffing updates: • Lisseth Weschler's previous part-time position will be filled. The opening has been advertised and the process is slow. • A part-time employee from the Marco Island branch is retiring. • A part-time employee from the Naples Regional branch is retiring. • An employee from Headquarters transferred to Immokalee. Charles Schwab donated fifty dollars to the library, through a "donor advise" fund. REPORT OF THE FRIENDS Mrs. Grieve stated the following: • We have one more speaker in the lecture series to schedule for 2013 and it is sold out. • The two new employees are working out well. • The Friends annual report was distributed by mail to all members. • Work continues on the Red, White & Roulette program for November. M 1612 A16 ' ADJOURNMENT There being no further business to come before the Library Advisory Board, Ms. Bettinger- Hennink moved to adjourn, Mrs. Murray seconded by and motion was carried unanimously. The meeting was adjourned at 12:00 p.m. Approved by: 0 Doris J. Lewis i Chair, Library Advisory Board 4 1612 A16 ' BY:...... .................. Naples, Florida, August 15, 2012 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date at the Headquarters Library at 12:00 p.m. in order to hold their Annual Meeting. The following members were present: CHAIR: Doris J. Lewis— District - 4 VICE - CHAIR: Loretta Murray- District- 1 Carla Grieve — District - 3 Shelley Z. Lieb — District - 2 Connie Bettinger - Hennink — District - 5 ALSO PRESENT: Marilyn Matthes, Library Director Lisseth Weschler, Administrative Assistant NOMINATIONS AND ELECTION OF OFFICERS Fiala Hiller k Henning Coyle Coletta The main purpose of this meeting was to select new officers for the coming year. Mrs. Lewis opened the nominations. Ms. Bettinger - Hennink moved, seconded by Mrs. Grieve and carried unanimously to re- elect Mrs. Lewis as Chairman. Ms Bettinger - Hennink moved, seconded by Mrs. Grieve and carried unanimously to re -elect Mrs. Murray as Vice - Chairman. Mrs. Lewis moved, seconded by Mrs. Grieve and carried unanimously to re -elect Ms. Bettinger - Hennink as Secretary. OTHER BUSINESS Mrs. Lieb stated she will be leaving the Library Advisory Board in December 2012. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Grieve moved, seconded by Ms. Betting - Hennink and carried unanimously, that the meeting be adjourned. Time: 12:05 a.m. Approved by: C ;) Doris J. Lewis, Chair Library. Advisory Board Misc. Corres: Date,.---------- Item „�, to. 161 PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit BY...................... NOTICE OF PUBLIC MEETING MONDAY, SEPTEMBER 24, 2012 THE AD -HOC COMMITTEE TO DEVELOP AN APPROACH FOR STUDYING PATHWAYS & TREES OF THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION, MONDAY, SEPTEMBER 24 AT 3:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 Fiala AGENDA Hiller Henning Coyle ✓` The agenda includes, but is not limited: Coletta� 1. Roll Call 2. Discussion of draft approach for studying pathways and trees 3. Audience Comments 4. Decision on approach for studying pathways and trees to recommend to full Board (at October 3 Board Regular Session) 5. Adjournment ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749 OR VISIT PELICAN BAYSERVICESDIVISION.NET. wiksc. Cones: Date: A 8W6 item #: \L o-�2� k—+ 9/14/2012 3:19:45 PM "nips to' 16 I ?. A1/ September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees of the Pelican Bay Services Division Board 2. Discussion of draft approach for studying pathways and trees "PBSD Pathways Project Draft 6.3" PBSD PATHWAYS PROJECT DRAFT 6.3 Purpose To provide the basis for an informed PBSD decision for community pathways and long -term tree canopy enhancements along Pelican Bay Blvd. Public Participation The entire project will be designed to encourage public participation. As each phase of analysis is developed, the process and results of analysis will be presented in open town hall type meetings that encourage public questions and comments. The final recommendations will only be developed after the analysis phase is completed, and will be based on the consensus of the community's reactions. Step 1: Select Experts - Engineer; and - Certified Arborist (details regarding possible ways to choose the aborist will be discussed at the September 24 Committee meeting) Step 2: Experts' Assignment - Evaluate selected and representative large trees along length of Pelican Bay Boulevard to determine tree health and remaining lifetime, using 10 -15 trees in 2 sections: • The Commons to North Tram Station, and • Northeast of North Tram Station to US 41 - Evaluate impact of various root barriers and pathway widths on selected and representative nearby trees in the above sections, for the following scenarios: • Existing 5 -foot pathway • 6 -foot pathway • 8 -foot pathway - Evaluate impact to selected trees of County's recent asphalt overlay - Evaluate cost and impact to trees of using alternative materials to construct pathways: • Asphalt • Concrete - Produce written analysis documenting the above work that is specific, complete, and that can be understood by the community and PBSD Board Step 3: PBSD Board's Assignment - Conduct a statistically sound resident survey regarding: • Frequency of use of pathways for walking, jogging, and biking • Frequency of use of Blvd. for biking • Determine preference for marking Blvd. for bicycle lanes: • Keep Blvd. as is; or • Restripe with one 12 -foot lane for vehicles; and one 12- foot lane dedicated to bicycles; or • Restripe with one 12 -foot lane for vehicles only; and one 12 -foot lane to be shared by both vehicles and bicycles (Sharrow); or • Restripe with two 10 -foot lanes for vehicles; and one 4 -foot lane for bicycles - Have staff revisit County practice and codes for pathways and bicycle usage Page 1 of 2 September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees of the PeliloelsZiAnI / 2. Discussion of draft approach for studying pathways and trees "PBSD Pathways Project Draft 6.3" PBSD PATHWAYS PROJECT DRAFT 6.3 Step 4: Develop Recommended Approach - Board and staff will recommend a comprehensive approach to be used for pathways and tree canopy along Pelican Bay Blvd, including: • Type of root barriers • Pathway widths • Pathway materials • Recommended changes to the tree canopy - The recommendations will also incorporate estimated cost to implement and general implementation schedule - Report will be broadly disseminated to the community and discussed at public town hall session during season Step 5: Board Makes Final Decision Re ardin : - Type, width, and placement of pathways and tree canopy - Bicycle markings for Blvd. - Possible timing - Actual vote to occur in season, after specifics have been broadly disseminated to the community Revised 911412012 3:06:15 PM KID & LRJ Page 2 of 2 1612-A''.� 4 September 24, 2012 Ad -Hoc Committee to Develop n Approach for Studying Pathways &'IT�es of the Pelican Bay 5ervil dR ision Board P pP Y 9 Y Y 3. Audience Comments - Comments by Eileen laizzo Page 1 of 1 ResnickLisa From: Eileen laizzo [eileensnotes @yahoo.com] Sent: Monday, September 17, 2012 12:30 PM To: ResnickLisa Cc: PBPOA @pbpropertyowners.org Subject: Bromeliads - Continued and another observation Follow Up Flag: Follow up Flag Status: Flagged I just returned from driving down Pelican Bay Blvd. and noticed the number of the bromeliad plants that already have needed to have their leaves trimmed. What is natural or beautiful about flat cut tips on a leaf. Such bad planning. And .... what happened to the concept of minimalizing maintenence by removing grass? It seems there are more landscape workers on the property than ever! Another observation - having just driven down PB Blvd. during a downpour and experiencing road flooding, has the pathwalk committee given any thought to wider pathwalks causing more rainwater runoff. As happens in any urban area where "sidewalks" aka "pathwalks" or any hard surface dominates, flooding follows. Can this issue be included on the Sept 24th Ad Hoc meeting? Thank you Eileen laizzo Eileen September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees �th -elict B y2ervic DI 3. Audience Comments from Ms. Diane Lustig L A Page 1 of 1 H I/ ResnickLisa From: Lustig[ [lustigl @t - online.de] Sent: Sunday, September 23, 2012 3:33 PM To: office@pelicanbayservicesdivision.net Cc: Johnson, Mary McLean; Chandler, John; Craven, Tom; Dallas, Keith; Trecker, Dave Subject: Input for Sep 26 PBSD Ad Hoc Committee on Sidewalks & Canopy Lisa, Please forward my email to the members of the Ad hoc Committee on Sidewalks and Canopy, the members of the PBSD, and any other appropriate staff person Dear Committee members and neighbors, As a resident of Hyde Park, I so much appreciate the effort that you are making to analyze and address the issues associated with the tree canopy and the use & maintenance of the walkways. Both are very important "amenities" within Pelican Bay, as they are key to the the "quality of our lifestyle" for those of us who chose Pelican Bay because of its opportunities to pursue a very active lifestyle within the lush Florida environment. As I have stated in past comments, the canopy is key for providing an acoustical buffer, as well as providing shade along the Boulevard. Observe how the pedestrian will seek out the walkway that has the most cover from the blazing sun. It is critical that the canopy be maintained: full with no breaks in the canopy, and healthy. The issue of the canopy and its maintenance, however, is not limited to PBSD or the Foundation. The numerous associations with frontage on the pathways were /are required by county codes to plant and maintain trees in these areas as well. Having carefully read your proposal on how best to develop an approach to study the pathways and trees, please consider adding the following: • Under Step 2 & Step 4: Identify and review the county landscape codes currently in effect within Pelican Bay as to the number and spacing of trees along the street -side perimeter of the Associations. In 2005, it was - -I believe- - 1 deciduous or 3 palms every 30 feet. • Develop a plan and process for how best to work with the associations in better identifying the appropriate trees and their placement along the walkway as a way to enhance the canopy and yet protect the walkways. • Evaluate whether to add lighting at the sidewalk level when resurfacing the walkways. I believe this would greatly enhance safety, comfort and ease of use by pedestrians. This will be especially important when we double the capacity of the bars at the beach restaurants. Anticipate increased use of the walkways after sunset. • Before making your final decision on the width of the pathways, consider the optical effect of that width. Having just spent the summer biking well over 300 miles along pathways, the wider pathways are not optically pretty. They look much like a runway cutting across the grass. Regarding Step 3 in the draft proposal: Beyond surveying residents use of pathways and Pelican Bay Blvd for biking, please also project into the future what the role of biking will be /could be within Pelican Bay, either as a recreational activity or an alternate means of transportation. Biking is steadily increasing in its popularity, across the USA, and especially within the demographic groups most represented within Pelican Bay. Please look to the future and not just the current. Again, thank -you for the opportunity to present a resident's comment. I am especially appreciative of the Foundation's efforts to keep us well informed through use of the internet. Sincerely, Diane Lustig September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees of the Pelican Bay Services Division Board 3. Audience Comments from Ms. Mary McLean Johnson Page 1 of 1 ResnickLisa 12A17 From: MLMAssocAICP @aol.com Sent: Sunday, September 23, 2012 10:23 PM To: lustigl @t - online.de; office @pelicanbayservicesdivision.net Cc: johnchandler219 @gmail.com; nfn16799 @naples.net; keithdallas @comcast.net; djtrecker @yahoo.com Subject: Re: Input for Sep 26 PBSD Ad Hoc Committee on Sidewalks & Canopy Thank you Diane, for the thoughtful comments. I hope they receive full consideration as part of tomorrow's discussion. Best regards, Mary Mary McLean Johnson (518) 735-4385 (Chateaugay Lake) (239) 248 -8546 (cell) In a message dated 9/23/2012 3:33:16 P.M. Eastern Daylight Time,.I.ustigl@t-online.de writes: Lisa, Please forward my email to the members of the Ad hoc Committee on Sidewalks and Canopy, the members of the PBSD, and any other appropriate staff person Dear Committee members and neighbors, As a resident of Hyde Park, I so much appreciate the effort that you are making to analyze and address the issues associated with the tree canopy and the use & maintenance of the walkways. Both are very important "amenities" within Pelican Bay, as they are key to the the "quality of our lifestyle" for those of us who chose Pelican Bay because of its opportunities to pursue a very active lifestyle within the lush Florida environment. As I have stated in past comments, the canopy is key for providing an acoustical buffer, as well as providing shade along the Boulevard. Observe how the pedestrian will seek out the walkway that has the most cover from the blazing sun. It is critical that the canopy be maintained: full with no breaks in the canopy, and healthy. The issue of the canopy and its maintenance, however, is not limited to PBSD or the Foundation. The numerous associations with frontage on the pathways were /are required by county codes to plant and maintain trees in these areas as well. Having carefully read your proposal on how best to develop an approach to study the pathways and trees, please consider adding the following: • Under Step 2 & Step 4: Identify and review the county landscape codes currently in effect within Pelican Bay as to the number and spacing of trees along the street -side perimeter of the Associations. In 2005, it was - -I believe - -1 deciduous or 3 palms every 30 feet. • Develop a plan and process for how best to work with the associations in better identifying the appropriate trees and their placement along the walkway as a way to enhance the canopy and yet protect the walkways. • Evaluate whether to add lighting at the sidewalk level when resurfacing the walkways. I believe this would greatly enhance safety, comfort and ease of use by pedestrians. This will be especially important when we double the capacity of the bars at the beach restaurants. Anticipate increased use of the walkways after sunset. • Before making your final decision on the width of the pathways, consider the optical effect of that width. Having just spent the summer biking well over 300 miles along pathways, the wider pathways are not optically pretty. They look much like a runway cutting across the grass. Regarding Step 3 in the draft proposal: Beyond surveying residents use of pathways and Pelican Bay Blvd for biking, please also project into the future what the role of biking will be /could be within Pelican Bay, either as a recreational activity or an alternate means of transportation. Biking is steadily increasing in its popularity, across the USA, and especially within the demographic groups most represented within Pelican Bay. Please look to the future and not just the current. Again, thank -you for the opportunity to present a resident's comment. I am especially appreciative of the Foundation's efforts to keep us well informed through use of the internet. Sincerely, Diane Lustig A17 16 2 X 165" Phil BAY SERVICES DIVISION D Municipal Service Taxing and Benefit Unit By: ....... NOTICE OF PUBLIC ;MEETING TUESDAY, OCTOBER 9, 2012 THE CLAM BAY SU3COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET ON TUESDAY, OCTOBER 9 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. Fiala AGENDA Hiller Henning Coyle The agenda includes, but is not limited: Coletta 1. Roll call 2. Elect Chairman 3. Clam Bay restoration and management update a. Review of 2011 and 2012 Clam Bay aerial photos b. Update on channel maintenance and exotic removal c. Expenses to -date d. Date for 2012 Clam Bay restoration and management annual report to be made available to Subcommittee 4. Clam Bay water quality data and STORET 5. Dredging permit Misc. Corres: 6. Fish and bird surveys 7. Date and topics for next Subcommittee meeting Date: \'4s \1''� 8. Audience Comments Item #: kU7r2 A 9. Adjourn ::pies to: ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749. 9/28/2012 10:55:52 AM 1612A174 M oo O Z m m V) X m DW m p o� z r n N O _z o v+ cn n p- z C z D 0 cmn F) D DN m Z to V D O D m m Gl O z G1 z m 0 p -G G1 Z m ---I m a p O -n v� D -t -► O < m m m n O M = vi n -Di -Ci m O D ON z m -v n m S C go N z C Z � Ov p m m m O O� N cn D z Zm to _0 �' D A Z Co D G) —i Z G C rr m ;m n m m G cn D z n O z m m -{ "o w O 0)p0 C7 a CD 0 3 � d N K O T7 N fD o N O � m 3 o Co = D) K �cn � c Q o U3 3 m c o w rn !D -p CD Q co ca d m m ? 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CD y N Q d H" O O fD co O N a -2 'a 0 Mn o T N U) co m U) jM fD E a_ C, (D oar 0 L6 co 0 a- a a m 0 m 0 0 Mn N 0 U a) T f0 m C (p N U C > a) > a m w U -Z m 0 ro Co a) 2 Eg E T o �a � m � c T a) (6 N m � Ea m N � � Q) ode N 07 N dj C i 0) O N U (O O Ln a 1612 A17 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 3 of 26 16 12 A17 Neely, Merrie From: Neely, Merrie Sent: Thursday, August 12, 2010 1:34 PM To: 'Marcia Cravens' Cc: Edwards, Lainie; Malakar, Subarna Subject: Dredge limits Clam Pass Hello Marcia, After reviewing the drawings for the previous permit it appears that a modification in early 1999 clarified the dredge depths of cut4, which were just idealized cross - sections (vague) in the original approved permit drawings – this occurred after the original permit issuance but prior to the project dredge work for cut4. The approved channel width between station 0 +00 and 3 +64 was 30ft wide, farther inland the channel widens —and vanTe in width. The dredge ept s at t ese same stations were to – 5.5NGVD with the exception of station 2 +37.5 which was only permitted to be dredged to a depth of -2.5 NGVD. Farther inland the channel dredge depth shallows to - 4.5NGVD and above station 7 shallows to - 4NGVD. I do not see references to overdredge depths in the original permit. The same depths appear on the current application drawings with the exception of station 2 +37.5 which appears to also reflect the -5.5 dredge depth. I have sent you a package in the mail with these drawings that should arrive later this week. Merrie Beth Neely, Ph.D. Florida Department of Environmental Protection Water Resources Management Joint Coastal Permitting 3900 Commonwealth Blvd. MS 300 Tallahassee, FL 32399 -3000 Phone 850 413 -7785 Fax 850 414 -7725 -2 'a 0 U U) co C.) 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A 17'� 0 m C 0 N cz w N U N T m C 0 N U C > N > a � aD U to w � o a� @ m� E � E T O U 7 N U) C T N f6 co m N E M ' U 'E N CN O d N C: w 6j C O O N a 3, .- 0 N N O @ O�na N U� UZ N - N — 0) U- 0) 0 r U r- N N W co w °��LLU) a 0 0 m c 0 0 U a CO m (d N cu U � d U L U � N cc y m N E dcu N O d CO o U 61 O a 1612 ;17 b o V) Z 0 9 W pa U M rV G Y gwO ? n " Q U c a N 0 $CL V) U v m (n (A U) (A g° zzzz T� 0 0 0 0 r1 _00_0_0 W L)L)L)L) U U U U W W W W W_ V) V) V) V) W >IIII V) V) V) (n ZV)(nVIV) A g 0000 L)L)L)L) d U U U U W ( I I I I H F- D O > > O U U U U U La1 W W W lal 0 0 0 0 0 c o m o n W W W W W W 0 0 W m V) C4 W; PON U F i o 0 a g U oo)xan eo nno 4 -2 'o 0 0 c U) co cc C: > co 6 2 to E 0 C) -0 co cn C2 E m o{ \C,4 cz 16 1 L' N IN. 7 /' z 0 Z M (Al moo W F- JE ■ –F— | ■ owo T ov.-o t—t —t- i t t t 9 t I jr t t t z 0 Z M (Al moo W F- JE . 41 owo T ov.-o t—t —t- . 41 t t t 9 16le All October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 13 of 26 April 14, 2006 Sent via FedEx Markin Seeling DEP Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Re: Request for NTP Clam Pass Maintenance Dredging, JCP File No. 0128463- 001-JC HM File No. 11 -049, Clam Pass Dear Mr. Seeling, Attached is a set of signed and sealed plans for the referenced request for a Notice To Proceed submitted March 31, 2006. Please call Me or Joe Foster at 239 -594 -2021 if you have any questions or concerns. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. JU 't AND CAA-. j. 'i .X289 HUMISTON m " & MOORE . ENGINEERS . - . COASTAL STRAND ANDCOURT ENGINEERING DESIGN N5679 .y AND PERMITTING FAK 239 594 2025 PHONE 2393942021 April 14, 2006 Sent via FedEx Markin Seeling DEP Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Re: Request for NTP Clam Pass Maintenance Dredging, JCP File No. 0128463- 001-JC HM File No. 11 -049, Clam Pass Dear Mr. Seeling, Attached is a set of signed and sealed plans for the referenced request for a Notice To Proceed submitted March 31, 2006. Please call Me or Joe Foster at 239 -594 -2021 if you have any questions or concerns. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. JU 't AND CAA-. j. 'i .X289 • It a A A —4 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 14 of 26 161 -e- Al STA 0+00 A- 0- . -2- -4 1 -6- 7.1 CY/FT NORTH SOUTH %00 " -AO ' -360 -150 -100 -1150 -1,00 -so , 0 2 0 p 7.7 CY/FT -To- NORTH -400 450 0 DISTANCE FROM SASEUNE (FEET) STA 0+25 SOUTH 4 -150 -200 150 -100 -io 6 ' DISTANCE FROM BASELINE (FEET) A & D fi STA 0+50 2- r 7.2 CY/FT 10- - NORTH SOUTH •2- -400 -AO -300 -150 -2`00 -ISO 1'00 --kO A p k 1 8 f,;,(; 0". 6- BUP,Epxu OF BEACHIS AND COA STX1 SY,3T Vp� DISTANCE FROM RASEUNE (FEET) 10/98 4/99 POST- DREDGEI 09/05 CLAM SAY CROSS SECTION & in xilul' CUT 4 567 SNOURT NAPLES, F TRA L D 341 C 10 ANIiEJ�Ls FOR* COLLIER COUNTY FAX: (239) 594-2025 DATE: 03/29/06 JaLL _ IHCCUT4 ISCALE: 1"=100' PHONE: PHONE: (239) 594-2021 16 JOR: 11048 JDATUM: NGVD IFIGURE: Cl svww.humieiongfldmoore.cam 292 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 15 of 26 16 12 4 17 4 a 6 STA 0 +75 a 4 > i 2 � 0 W- -2 l i 0 -A F -5 W -6 ® 7.6 CY /FT -10 NORTH SOUTH -1z -400 -350 -300 -250 -200 - }50 -100 - 0 DISTANCE FROM BASELINE (FEET) a 6-' STA 1 +00 c 4 z 2 W W Z 0- 4 s Z+ -6 w -8 ® 11.5 CY /FT -10 NORTH SOUTH -12 -400 -350 -300 -250 - 200 -150 400 40 DISTANCE FROM BASELINE (FEET) S 6 STA 1+25 4 sa 2 O 0 0 _ _2 r \ j . � -4 { I w _j _6 14.1 CY /FT -10 NORTH SOUTH -400 -350 -300 -250 -200 -150 -100 -SO 0 DISTANCE FROM BASELINE (FEET) 10/96 4/99 POST - DREDGE 09/05 Ht NusfoXN CLAM BAY CROSS SECTION 4t(X)liL CUT 4 5679 STRAND COURT �('I.N F;IZS FOR: COLLIER COUNTY NAPLES, FL 3411D FAX: (239) 594 -2025 DATE: 03 29 05 tLE: 1tSECCUTd SCALE: t "_100' t PHONE: (239) 594 -2021 I www.humistonandmaare.com JOB: 11048 JDATUM. NGVD FIGURE: C2 293 O Z. W 4 2 J W a e a h Y Y Y 7 t Y 4 i a h Y Y Y 7 L October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit Presented by Ms. Marcia Cravens Page 16 of 26 16 ' 2 A17 8 6 STA 1 +50 4 2 fl - / -2 / 1 f —4' -6 -B 14.4' CY /FT -10 NORTH SOUTH -12 -4'00 -358 -300 -258 -200 -15o -100 -50 0 DISTANCE FROM BASELINE (FEET) DISTANCE FROM BASELINE (FEET) DISTANCE FROM BASELINE (FEET) fit a)r(> & X10 RE. N .K, XANFF'R.' FOR: CC i DATE: 0.1 JOB: 1 1 rte. 10 /9s - - - - 4/99 POST- DREDGE 09/05 5679 STRAND COURT NAPLES, FL 3AI10 FAX: (239) 594 -2025 le =too' PHONE: (239) 594 -2021 C3 WWW.hurnistonandmoore.com 294 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board a 5. Dredging Permit - Presented by Ms. Marcia Cravens 1612 A Page 17 of 26 / 295 4 STA 2 +37.5 3 2 ` W 0 2 0-2- { W -4. ® 13.6 CY /FT -5 NORTH SOUTH -6 -400 -350 -300 -250 -200 -150 -100 - 0 0 DISTANCE FROM BASEUN€ (FEET) a STA 3 +00 6 0 4 € 2 \ 0 W J Q -1 { W -8 ® 5.9 CY /FT -10 NORTH SOUTH -t 2 -<� 00 -350 -250 -200 -ISO -400 40 0 DISTANCE FROM BASELINE (FEET) 8� 6 STA 3 +64.5 e 4 2 v � 0 W W -2 n , ; O -4 y. { -6 W -g �4.3 CY /FT -10 NORTH SOUTH -13 T -200 -150 -100 -to 50 t0O DISTANCE FROM RASEUNE (FEET) 1 200 40/98 - - -- 4/99 POST- DREDGE 04/05 Iivmis`ro N ii6om CLAM BAY CROSS SECTION CUT 5679 STRAND COURT NAPLES, FL 34110 FOR: COLLIER COUNTY # [ ,tiC,Fi' efts FAX (239) 594 -2025 DATE: 03 28 06 FILE: XSECCUT4 SCALE: t° -700' PHONE: (239) 584 -2021 # I I www.humistonandmoore.eom JOB: t 1048 DATUM: NGVR FIGURE: C4 295 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 18 of 26 1612 A17-4 WHY DOES IT Mg TTER TO PELICAN BA Y AS TO WHAT SIZE AND SCOPE CIS DREDGING IS PERMITTED TO BE DONE IN THE CLAM PASS -CLAM BA Y NRPA PRESER VE ? October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 19 of 26 1612 a17 IT MA TIER BECA USE CLAM PASS - CLAM BA Y ARE INTEGRAL PARTS OF THE CONSER VA TION AND NRPA PRESER VE WHICH OUR RESIDENTS AND VISITORS HIGHLY UAL UE AS UNIQUE BENEFITS THA T ARE ESPECIALL Y DEAR TO THE PELICAN BAY COMMUNITY. WE HA VE AN OBLIGA TION OF BEING GOOD STEWARDS TO THE CLAMPASS- CLAM BA Y CONSER VA TION AND NR PA PRESERVE WITHIN OUR BOUNDARIES I V `t' ITAIVIN r r. E� October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 20 of 26 M 0 October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 21 of 26 1612 A17 Seag rasses u, Shoal grass Paddle grass October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board Scientific Name 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 22 of 26 12 Recurvirostra americana A17 Fulica americana American kestrel 16 American oystercatcher Haematopus palliatus Anhinga Anhinga anhinga Birds of Clam Pass and Pelican Bay Principle Contributors: Mary Boland, Tom Cravens, Tim Hall, and Judy Johansen 3/3/09 Common Bird Names - Pelican Bay Scientific Name American avocet Recurvirostra americana American Coot Fulica americana American kestrel Falco sparverius American oystercatcher Haematopus palliatus Anhinga Anhinga anhinga Bald Eagle Haliaeetus leucocephalus Barred owl Strix varia Belted Kingfisher Megaceryle alcyon Black Skimmer Rynchops nige Black Vulture Rynchops nige - Black- and -white Warbler Mniotilta varia ......... Black- bellied Plover . ......... Pluvialis squatarola Black crowned Night Heron Nycticorax nycticorax Black- necked Stilt Himantopus mexicanus - - Blue Jay - Cyanocitta cristata Blue -gray gnatcatcher Polioptila caerulea Boat - tailed Grackle Quiscalus major Brown Pelican Pelecanus occidentalis Brown Thrasher Toxostoma rufum Budgerigar Melopsittacus undulatus Caspian Tern Hydroprogne caspia - Cattle Egret Bubulcus ibis Chuck - will's -widow Caprimulgus carolinensis Common Grackle - Quiscalus quiscula Common Ground -Dove Columbina passerina Common Moorhen Gallinula chloropus Common nighthawk Chordeiles minor Common snipe Gallinago gallinago October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 23 of 26 16I2p17 Common Tern Sterna hirundo Common Yellowthroat Geothlypis trichas Double- crested Cormorant Phalacrocorax auritus Dowitchgear Long- billed Limnodromus scolopaceus Dowitchgear Short- billed Limnodromus griseus Downy Woodpecker Picoides pubescens Dunlin Calidris alpina ............ Eastern Screech Owl - -- Megascops asio Eurasian Collared Dove Streptopelia decaocto European Starling Sturnus vulgaris Fish Crow ... Corvus ossifragus Forster's tern Sterna forsteri Glossy Ibis Plegadis falcinellus Gray Catbird Dumetella carolinensis - Great Blue Heron Ardea herodias Great Crested Flycatcher Myiarchus crinitus Great Egret Ardea alba ......... Great Horned Owl ......... ......1.11.1. Bubo virginianus Greater Yellowlegs Tringa melanoleuca Green Heron Butorides virescens Green - winged teal Anas crecca - - .... .... _... Herring Gull - - Larus argentatus Hooded Merganser Lophodytes cucullatus House sparrow Passer domesticus Killdeer Charadrius vociferus Laughing Gull Leucophaeus atricilla Least sandpiper Calidris minutilla Limpkin Aramus guarauna Little Blue Heron Egretta caerulea Loggerhead Shrike Lanius ludovicianus October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board Fregata magnificens Mangrove Cuckoo 5. Dredging Permit - Presented by Ms. Marcia Cravens Merlin Falco columbarius - -_ Mocking Bird Mimus polyglottos Page 24 of 26 16112 17 Muscovy Duck Magnificent Frigate bird Fregata magnificens Mangrove Cuckoo Coccyzus minor Merlin Falco columbarius - -_ Mocking Bird Mimus polyglottos - Mottled Duck --- -, Anas fulvigula Mourning Dove Zenaida macroura Muscovy Duck Cairina moschata .... Northern Cardinal _ Cardinalis cardinalis - - - - - -- - Northern Gannet -- ------------ -- _ - - - - -- - Morus bassanus Northern Parula Parula americana ..... Northern Waterthrush Seiurus noveboracensis Osprey Pandion haliaetus Painted Bunting Passenna ciris Palm Warbler Dendroica palmarum Peregrine Falcon Falco peregrinus Pied - billed grebe Podilymbus podiceps - Pilleated Woodpecker Dryocopus pileatus Piping Plover Charadrius melodus Prairie Warbler Dendroica discolor Purple gallinule Porphyrula martinica Red Knot Calidris canutus Red - bellied Woodpecker Melanerpes carolinus Red - breasted merganser Mergus serrato Reddish Egret Egretta rufescens ......... - Red - Shouldered Hawk - Buteo lineatus Red - tailed Hawk Buteo jamaicensis Red - winged blackbird Agelaius phoeniceus - Ring - billed Gull Larus delawarensis Robin ........ .............. Turdus migratorius Roseate Spoonbill Platalea ajaja October 9, 2012 Clam Bay Subcommittee of the Pelican ay rvi D' 'on Boar 5. Dredging Permit - Presented by Ms. Marcia Cravens 6 ° Page 25 of 26 Royal Tern Sterna maxima Ruby- throated Hummingbird Archilochus colubris - Ruddy Turnstone Arenaria interpres Sanderling Calidris alba - Sandwich Tern - Sterna sandvicensis Semipalmated Plover Charadrius semipalmatus Snowy Egret Egretta thula Spotted Sandpiper Actitis macularia - Swallow - tailed Kite Elanoides forficatus Tri- colored Heron Egretta tricolor Turkey Vulture Cathartes aura Western Sandpiper Calidris mauri White Ibis ................ Eudoclmus albus White Pelican Pelecanus erythrorhynchos Willet - Catoptrophorus semipalmatus Wood Stork Scolopax minor - Yellow- bellied Sapsucker Sphyrapicus varius Yellow- crowned Night Heron Nyctanassa violacea - Yellow - rumped Warbler Dendroica coronata Yellow- throated Warble Dendroica dominica October 9, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Dredging Permit - Presented by Ms. Marcia Cravens Page 26 of 26 1612 n 17 I }s lau(Aifod Wttr -j 11,sjvV Sall alrrall 5>Itallaw Tidi1 crixk s* I AlgalL nnd.M t Bcds8 Chia titrdt� I tnlatatil�1Iinl .`t+i►Itce :ish Div SpeeiesUsic Clam 8q.V F'Oss NRPA,1i lhltau to _Survive-'11trik —c (t I Smmktuuth uiE -t ntiri art tai: Ltusti l Iitbiul 'SplirTwo wo Soft Comb +ilcs+n°t.cd— NtotArr timtH.wat t �i� �1+rriltif - ti�Jrofl�gv and ht°nt h i1pit ;mw t utphin• CPU at ttt t'mi and Wrrim warm.tys (140m T "ttrtrril - hwck If= ard hwamnrk ALlipmS - iil46y i. lim:k4b w wi onolol,bri.ew►iwojl " k culwni -Amod o0w kravdt hulipu, n tsvt;. yclluw wtant ke, IJ rwLff. Wal tdhef ilu&a Y;wL 1tat Fish: #. tilt wAwra as *t", umn, I IJ4gx, levi VCt{'iIt 6)'A elrr 41140 dd Ili m M#-0Wi1 W10 ts' 5WH l ima TRAIL Illuw Jr"Khrlt toumnorms. and frxm nig3l Will, llhy lopl " Ya aUJC'% i:ILMl111111hiC LUC crs=. cgb 1ma l: ilih I4 rlcr, mmho KSI tatlt11. 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Fiala Hiller Henning AGENDA Coyle Coletta The agenda includes, but is not limited: 1. Roll call 2. Possible alternatives for use of copper sulfate to control algae /duckweed 3. Landscaping best management practices (BMP) a. Pelican Bay Services Division employees utilization of BMP b. Pelican Bay community outreach regarding the importance of BMP 4. Audience Comments 5. Adjournment Misc. Corres: Date: item *t(--Q��'� -�iies to: ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749. 10/10/2012 3:01:47 PM October 18, 2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2. Possible alternatives for use of copper sulfate to control algae /duckweed Page 1 of 5 16 12 A17 From: James Hoppensteadt [mailto:jimh @pelicanbay.org] Sent: Sunday, October 14, 2012 11:03 PM To: Jerry Moffatt; Mary Johnson; Noreen Murray; Robert W. Uek; robpender @gmail.com; Ronnie Bellone (vbellnpls @yahoo.com); Suzanne Minadeo; William Carpenter Cc: 'Keith Dallas'; neil @dmgfl.com; McAlpinGary; LukaszKyle; ResnickLisa; daniel.hammond @cardno.com; Tim Hall; Doug.Durbin @cardno.com; Sherona Mills; Bridget Nunez; Frank Laney; JohnSusanBoland @aol.com Subject: FW: FDEP response to Clam Bay comments Importance: High Attached is the letter Dan Hammond received from FDEP on copper impairment and dissolved oxygen. Dan's comments are below. The results are exactly as we had hoped for. First let me emphasize how fortunate we are to be represented by such exceptional professionals and have such valued relationships. As you know, it was the County's staff which first caught wind of FDEP's recent focus on Clam Bay. Because of our established working relationship, the County included the Foundation immediately in discussions. We were able to harness the expertise and ongoing work of Dan Hammond and Tim Hall, and Dan was able to craft well supported technical letters to FDEP. The contacts and relationships of both the County, and our professional consultants were importantfactors as well as we reached out proactively to FDEP. Really an outstanding example of the power of effective public - private oartnershios and of beina prepared strateaical /v —in this case, both outcomes of our last 18- months of workinq with the County on water quality, Clam Bay markers, and dredging. However, as you will see, we still have work to do on the copper impairment issue. Dan Hammond and Tim Hall are working with Kyle Lukasz on reducing the use of copper sulfate and helping to identify alternates. This effort will have to be a priority of both the PBSD and the Foundation involving not only significant operational changes — which may require more funding, but also substantial education of the community about what is being done and why. Attached is the letter I received today from FDEP in response to the comments we submitted regarding the DO and copper issues in Clam Bay. It is good news on both fronts; here is a brief synopsis... Dissolved Oxygen — FDEP agreed with our assessment of DO in Clam Bay and that Clam Bay exhibits healthy biological conditions. They have agreed to move Clam Bay to a category 4c for DO, which means that no TMDL will be pursued. Clam Bay DO is a natural condition and does not constitute an impairment. Copper— It was good to get our comments on file with FDEP, but they have decided to continue with the impairment listing for copper. It will be finalized in December or January. The good news is that they have given it a medium priority, which means they will not move forward with TMDL development for at least 5 years. This gives us plenty of time to generate a water quality management plan for copper and get it approved by FDEP. Once approved and implemented, FDEP can move Clam Bay to a category 4e or 4b, both of which mean they can remove the waterbody from the list of waters needing a TMDL. So although there is still more work to do with regard to copper (which we expected), we are already on the right track and we have plenty of time to avoid TMDL development. Daniel G. Hammond SENIOR PROJECT SCIENTIST CARDNO ENTRIX Sincerely, t& Jim Hoppensteadt President Chief Operating Officer Pelican Bay Foundation, Inc. 6251 Pelican Bay Blvd. Naples, Florida 34108 Tel: 239.260.8460 Cell: 239.398.7074 Fax: 239.597.6927 pelicanbay.org '"The information transmitted is intended only for person or entity to which it is addressed and may contain confidential and /or privileged material. If the reader of this message is not the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution or copying of this message including any attachments is strictly prohibited. If you received this in error, please contact the sender and delete the material from any computer. * * * ** October 18, 2012 Landscape Water Management Subcommittee of the Pelican Bay Services DiYYisio Bo 2. Possible alternatives for use of copper sulfate to control algae /du � ckwe Page 2 of 5 1 6 I % (r k y "r .o o' *1P.r October 8, 2012 Mr. Daniel G. Hammond Cardno ENTRIX 3905 Crescent Park Drive Riverview, FL 33578 Dear Mr. Hammond: FLORIDA DEPARTMENT OF RICK SCOTT GOVERNOR ENVIRONMENTAL PROTECTION JENNIFER CARROLL BOB MARTINEZ CENTER LT. GOVERNOR 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399 -2400 HERSCHELT. VINYARDJR. SECRETARY Thank you for your comments regarding the draft assessments for the Everglades West Coast basin. It is important that we receive input from interested stakeholders to ensure accurate assessments of Florida's waters. This letter is in response to your comment letters received via e-mail dated July 25 and 31, 2012. In the evaluation of these waterbodies, our assessment takes into consideration whether the results are representative of the current conditions of the waterbody. Please keep in mind that the assessments you commented on were conducted in June and all of the WaterBody IDentification assessment units (WBIDs) identified in your letter will be reassessed using the most recent data available to produce revised assessments. Your questions and/or comments are provided below, or excerpts when comments included graphs and tables or were lengthy; with our response immediately following. Cardno ENTRIX — Clam Bay Copper comment: The current dataset used to evaluate Clam Bay for copper conforms to the requirements of the Impaired Waters Rule (62 -303, F.A.C.); however the existing data may not provide an accurate representation of current conditions with respect to copper concentrations. Of the 12 exceedances observed in the samples, five have associated comments stating that a small or moderate amount of particulate was observed in the sample. These comments indicate that error may have occurred during sample collection. Since all of the exceedances were observed in Middle and Upper Clam Bay, where flushing is lowest and potential re- suspension of sediments is greatest, the potential for error during sample collection is also greatest. The continents associated with the analysis state that the copper concentration was confirmed in the undigested sample. While this may confirm that the preservative itself may not have contributed to the copper concentration in the sample, it does not mean that sampler error didn't contribute to the concentration. Since FDEP Standard Operating Protocols dictate the sample for copper be preserved in the field with nitric acid, a proportion of particulate would be dissolved during preservation and release copper into the water. Therefore, even in the undigested sample, the potential exists for particulates in the bottle to result in an unrepresentative amount of copper observed during analysis. Based on the comments associated with the copper analyses, it is appropriate to conduct further sampling that include split field filtered and unfiltered samples to confirm observed copper concentrations accurately reflect current conditions and are not associated with effects of sample collection. October 18, 2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2. Possible alternatives for use of copper sulfate to control algae /duckweed Page 3 of 5 16 ' 2A17 Daniel G. Hammond Page 2 October 8, 2012 Aside from the potential issues with copper analysis, the Foundation and Collier County recognize that the major freshwater inputs to Clam Bay are associated with stormwater discharge. In an effort to identify the potential effect this discharge may have on Clam Bay, the Foundation and Collier County are currently working together with Turrell, Hall & Associates, Inc. to develop a water quality management action plan to identify potential water quality issues and implement solutions where necessary. This plan includes four distinct management efforts: 1) Mapping the flow of water through the developed areas to Clam Bay; 2) Soil analysis to improve fertilization techniques; 3) Water quality monitoring to identify sources of potential contaminants and document improvements following action plan implementation; and 4) Landscape management through the creation of a guidebook providing protocols for fertilizer, herbicide, and pesticide application. This effort will allow for the identification of potential sources of copper to Clam Bay, provide and implement source control solutions (if necessary) and monitor the effectiveness. Finalization of a copper impairment in Clam Bay and development of a TMDL at this time may hinder or slow current management plans designed to improve water quality in Clam Bay by diverting scarce water resource management funds to a TMDL driven implementation plan from the current stakeholder, locally driven water quality management effort. In summary, the Pelican Bay Foundation, Collier County Coastal Zone Management Department and Cardno ENTRIX request the Florida Department of Environmental Protection (FDEP) allow Clam Bay (WBID 3278Q1) to remain on the Planning List for copper during this cycle and allow the affected stakeholders to implement the currently developed management action plan. Leaving Clam Bay on the Planning List for copper would allow the of ected stakeholders to work with FDEP to implement a robust sampling plan to identify if the perceived impairment is representative of actual conditions in Clam Bay or the result of sample collection efforts. In addition, stakeholders will implement the management action plan, identify if copper is an issue in stormwater runoff, propose and implement nt solutions (where necessary) and monitor the improvement to Clam Bay. If an actual copper imp exists in Clam Bay, the implementation of the management plan will document improvement and allow the locally affected stakeholders to continue cost effective water quality management and oversight of this key southwest Florida water resource. FDEP Resnersse - Clam Bay Cop : Clam Bay (WBID 3278Q1) is impaired for copper based on meting the requirements of the Impaired Waters Rule (IWR rule: 62 -303, F.A.C.) with 12 exceedances/25 samples during the cycle 3 verified period (January 1, 2005 — June 30, 2012). As you state in your comment, of the 12 exceedances observed in the samples, five had comments stating a small or moderate amount of particulate was observed in the sample. This comment was provided to indicate that during the lab analysis particulates were observed in the samples; however, undigested samples were analyzed and those results confirmed that copper was in fact dissolved in the water. The relative percent difference between the undigested and digested results was less than 20°/.. Even if these 4 samples were excluded from the assessment, Clam Bay would still be identified as impaired for Copper based on 7 exceedances/20 samples. The seven other copper exceedances (with similar results and no particulate matter observed in the samples) were well above the 3.7 µg/L threshold indicating a copper impairment for Clam Bay. A water quality management action plan designed to address stormwater discharges and other potential sources of copper (including marinas and algaecide applications) could be used as the basis for placing the waterbody in category 4e (Impaired, but recently completed or on -going restoration activities are underway to restore the designated uses of the waterbody) or even Category 4b (reasonable assurance). However, we need detailed documentation, and it seems highly unlikely that October 18, 2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2. Possible alternatives for use of copper sulfate to control algae /duckweed Page 4 of 5 Daniel G. Hammond 16 Page 3 - October 8, 2012 j a plan could be completed before the scheduled adoption of the Group 1 lists in December or January. Based on meeting the verification requirements of the IWR, we plan to place Clam Bay on the Group 1 Cycle 3 Everglades West Coast verified list for copper with a medium TMDL priority (5 -10 years for TMDL development). A medium priority for TMDL development will give stakeholders time to develop a water quality management action plan that could potentially lead to the removal of Clam Bay from the Verified list. FDEP requests that, once the water quality management action plan is completed by stakeholders, it be provided to the Department for review and documentation of hour copper will be addressed in Clam Bay. FDEP has provided on the enclosed disk an example of the support documentation used for placing Clam Bayou in category 4e (Ongoing Restoration Activiti, -s), and general guidance on reasonable assurance (category 4b). Cardno ENTRIX — Clam Bay Dissolved Oxygen comment: FDEP has proposed to list Clam Bay (WBID 3278Q1) as a category 4d impairment for DO as part of the Group 1 Cycle 3 TMDL assessment. Category 4d listings are submitted to the U.S. Environmental Protection Agency (USEPA) and added to Florida's 303(d) list of impaired waters. This listing would indicate Clam Bay is impaired for DO, but no causative pollutant could be identified, and target the waterbody for further evaluation to identify a causative pollutant so a TMDL could be developed. However, data and analysis provided here suggests that a category 4d listing is not appropriate for Clam Bay. A more accurate category would be 4c, which would recognize that Clam Bay does not meet the current DO criteria as a result of natural conditions, and not caused by a pollutant, therefore eliminating the need for a TMDL. FDEP has concluded that Estero Bay WBID 3258A represents natural conditions with minimal anthropogenic influence and is an adequate reference waterbody (FDEP 2008). The data provided in this Technical Memorandum indicate Clam Bay exhibits a statistically similar DO regime to this reference estuary segment, therefore concluding Clam Bay DO also represents a natural condition. FDEP does not intend to list marine systems with naturally low DO as impaired and acknowledges that natural estuaries in areas surrounded by mangrove forests or tidal marshes (of which Clam Bay is an example) are especially subject to low DO (FDEP 2012b and Hendrickson et al 2003). Furthermore, biological evidence suggests Clam Bay functions as a healthy estuary. The diversity of invertebrates recorded in the estuary, and the presence of indicator and oxygen sensitive species indicate that the DO regime in Clam Bay is supporting a healthy biological community. Based on the data and analysis provided here, a category 4c listing for Clam Bay provides a more appropriate water resource management goal than the proposed category 4d listing. The Pelican Bay Foundation, Collier County Coastal Zone Management Department and Cardno ENTRIX respectfully request FDEP change the proposed listing for Clam Bay (WBID 3278QI) from a category 4d to a 4c listing. Upon finalization of the revised DO criteria for marine waters, it will be appropriate for Clam Bay to be removed from the 4c category for DO with the determination that the DO regime in Clam Bay meets the revised DO criteria. FDEP — Clam Bay Dissolved Oxygen response: The Department has reviewed the Clam Bay dissolved oxygen technical memorandum prepared by Cardno Entrix and based on the demonstration that Clam Bay supports a healthy biological community and has a similar DO regime to the reference October 18, 2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2. Possible alternatives for use of copper sulfate to control algae /duckweed Page 5 of 5 1612 A17 Daniel G. Hammond Page 4 October 8, 2012 waterbody Estero Bay (WBID 3258A1) we have determined that 4c is the appropriate assessment category. The Department appreciates Cardno ENTRIX taking the time to submit comments on the draft lists for the Group 1 basin. Your input helps the Department in producing better assessments. If you have additional questions about our response or the assessments, please contact the Environmental Manager for the basin, David Tyler: (850)- 245- 8458, IDavid.Tyler(a)dep_state.fl.us or me: (850)- 245 -8416, J die. Espy@dep.state.fl.us . Sincerely, Julie Espy Environmental Administrator Watershed Assessment Section Florida Department of Environmental Protection Division of Environmental Assessment and Restoration 2600 Blair Stone Rd, MS3560 Tallahassee, FL 32399 -2400 How it Works 1612 A 17 The SonicSolutions® transducer, submerged just beneath the surface, is programmed to generate ultrasonic waves that inhibit the growth and spread of algae. Electron Microscopy of SonicSolutions' Effect on Algae 2 '2 I L of O U Effects of SonicSolutionse on Chlorophyll Levels so 00 50 00 50 0 n 7 ld 22 Days from Installation of Unit It's Easy to Install and Maintain PLACEMENT The SonicSolutions' Algae Co Itrol device emits ultrasonic waves that "fan out" at approximately 180° from the front of the transducer (see Figure 1). The Figure 1 7 unit in small pond Figure 2 2 units in large pond 0 Certln.d to NSF /ANSI 61 NoMI.: S6 a00, SS 600.rM SS 600 This algae control system employs a CL US LISTED NBB� power soppy err omdoor are. nutrient level, turbidity, shape of the body of water and the closeness to the equator may affect the coverage area. The potential coverage for the SS 400 model can be as much as 1.5 acres and for the SS 500 model up to 3 acres. Set up your device to provide the optimal exposure of the ultrasonic waves to the body of water you are treating. Place close to the edge as sonic waves extend only in front of the transducer unit. Large installations and certain shapes of ponds or lakes may require installation of more than one device. Multiple devices can be installed at opposite sides of a lake or pond or attached together pointing in different directions, depending on your site requirements (see Figure 2). The SonicSolutions® device, like all ultrasonic devices, is a "line of sight" technology. Ultrasonic sound waves will not go around corners or navigate around islands that may be in your body of water. Ultrasonic sound waves reflect or bounce off of hard surroundings, such as concrete, rip -rap, and large rocks. SON'160111VONSW Call us for a quote, toll free: 1 - 866 -KO -ALGAE (1 -866- 562 -5423) www.sonicsolutionsllc.com Distributed by: Island \\ Are. y sonar ch \� \ Pond Healed by I 1 is single S- icSolutions® ultrasonic unit v, Island Pond t at d by twuasonol � 58 ultrasonic units 1612 .17 SS 500 -US, -EU, -UK US 105 -125V A( 50/60 Hz, 0.5 Amps EU /UK 210 -250V AC, 50/60 Hz, 0.25 Amps E24981' 4 NSF /ANSI 61 500 ft/154 m SS 500 -24* US 24V DC, 0.3 Amps — — NSF /ANSI 61 500 ft/154 m SS 600 -US, -EU, -UK US 105 -125V AC, 50/60 Hz, 0.6 Amps EU /UK 210 -250V AC, 50/60 Hz, 0.3 Amps E249834 NSF /ANSI 61 600 ft/182 m SS 600 -24* US 24V DC, 0.7 Amps — — NSF /ANSI 61 600 ft/182 m *24 volt units are compatible with any 24 volt DC power source: 1) Battery (require a minimum of two 105 deep cycle 12V batteries wired in series) 2) Irrigation system 3) Solar Power System, which includes two batteries, may be purchased separately from SonicSolutions) A. Transducer • • • Parts • • Dimensions length: 8" diameter: 3" height: 9" cord length: 50' B. Power Supply Box depth: 2.5 ", length: 7.75 ", width: 4.5" cord length:. 6' (US & EU); 5' (UK) C. Float 15 "x 15" x 1.5" with four .75" tie down holes and two 2" x 3.5" slats for stakes D. Float Shackle length: 1.5 ", stainless steel Shipping Weight: items A -D 20 lbs. (shipped in single carton) E. Solar Unit solar panel and control box (includes mounting brackets and batteries — designed to mount on a pole) F. 50' and 100' cord (purchase separately) 50' and 100' transducer extension cord (SJTOW) with waterproof connectors G. d8 Meter (measures strength of ultrasonic signal) length: 8.5 ", width: 5.5 ", height: 3.5 ", runs on two 9 volt batteries A E (not drawn to scale) Solid state electronics display D C UK Plug EU Plug US Plug 24 Volt coca 5 B <<<( A Direction of ultrasonic waves (not drawn to scale) Two 105 deep cycle Designed for pole mount (pole not included) 12V batteries included Rect F 50' or 100' cord (SJTo" (not drawn to scale) dS Meter MANAGEMENT TOOLS se these laKe management tools INUIVIU LLY or TOGETHER for maximum results. Subsurface aeration is a proven technology, and is considered to be the foundation for improving and maintaining proper water quality and clarity in ponds and lakes. 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YOUR LAKE Ponds and lakes are very dynamic ecosystems. Their overall health is dictated by a number of factors including physical attributes, geographical location, incoming water source and the local environment. Obviously, many of these factors cannot be altered in any way, but there are things that can be done to ensure a healthy ecosystem. Water quality is obviously the most important factor to consider when determining the health of a pond or Iake.The vast majority of recreational ponds and lakes are bombarded with nutrients from various sources. This process, known as Eutrophication, is responsible for the excessive growth of algae and aquatic plants as well as the buildup of organic sludge and offensive odors. These ponds and lakes are typically very productive and can sustain large populations of fish and other aquatic life. However, they are more susceptible to oxygen crashes and fish kills. Thankfully, Eutrophication is a process that can be stopped and reversed in most situations. Taking a proactive approach to lake management will ensure the health and beauty of your pond or lake for years to come. Ponds and lakes experience a phenomenon known as stratification where different layers of water are created due to differences in water density.The density of water is temperature dependent. It is at its greatest density at 4 "C and becomes less dense at both higher and lower temperatures. Winter THERMAL STRATIFICATION It Summer Turnover i warm T cols. During the warmer months of the year, warm, oxygen rich water is trapped above cooler, nutrient rich, low oxygen water. The thermocline prevents the transfer of oxygen from the upper layer to the lower layer. Over time, the bottom layer of water loses more and more dissolved oxygen and can become uninhabitable for game fish. This oxygen poor environment also slows the breakdown of organic matter that accumulates on the bottom, leading to the build up of vast quantities of bottom sludge, which is high in nutrients. Stratified water bodies are also susceptible to turnover in the spring and fall when water temperatures in the top and bottom layers equalize. This allows the low oxygen bottom layer to mix with the upper layer, bringing up large quantities of nutrients and causing the dissolved oxygen concentrations to plummet. In some situations this can lead to fish kills. P CHEMICALS DON'T WORK The use of chemical additives has been very common in the lake management industry for many years. Chemical herbicides and algaecides are very effective at treating nuisance algae and aquatic plants, but they have UO positive Cffeet OU WBter QU811ty. By treating only the symptoms and not the cause of the problem, they provide no real solution. When algae and aquatic plants are killed, they will quickly decompose and release nutrients back into the water column. The new abundance of fertilizer released into the water column will spur on the next crop of aquatic plants and algae that again will need to be treated. This is a process of regrowth and treatment known as the "Chemical Cycle ". When chemicals are used for long periods of time, the frequency of treatments tends to increase and can even lead to chemically resistant algae and aquatic plants. VAST & AL AR PLANTS BLOOM NOTE: Many chemical algaecides & herbicides have been restricted across the country. The following states have some restrictions: Alaska - California - Connecticut District of Columbia - Hawaii Idaho - Iowa - Maine Massachusetts - Montana Nebraska - New Hampshire New Jersey - New York Rhode Island -Vermont Washington Many other states are looking at making similar restrictions. NR �l 1 IASCULAR PLANTS & ALGI IFRAV_ RR SINR-NIITRIE Beneficial microbes are naturally occurring microorganisms that perform beneficial tasks in the aquatic environment. These bacteria are capable of improving water quality and clarity by targeting organic particulates and excess nutrients, such as Nitrogen and es Phosphorus, brought in by various sources. Although beneficial microbes are naturally occurring, they typically are present in low concentrations that are not able to improve water quality and clarity on their own. The application of beneficial microbes can boost their populations giving them the ability to affect water quality and clarity. N RI ■r ua r developed to provide you with clean, clear, beautiful water. The build up of excess nutrients causes pond and lake eutrophicaton, which is very unsightly. Aqua -Tron is composed of unique classes of beneficial microbes known to rapidly metabolize excess nutrients, pulling them from the water column, returning the water to a naturally healthy and visually pleasing state. MODEL FEATURES AQUA -TRON AQUA 10WSP AQUA -TRON AQUA 25WSP PRICE Waste and Sludge Reducer;, Waste& Sludge Reducer— (WSR -)was developed to target the build -up of organic material and Waste bottom sludge in ponds and lakes. As this material R I 'f accumu ates,it ormsal aye ron L L_ V;. ebottomthat ,whenleftunchecked, will contribute to the degradation of the water body. WSR rapidly WaSteB S. consumes this layer, which helps improve the water quality. WSR is _ also very effective at eliminating offensive odors, ammonia, nitrite, nitrate and organics. MODEL SIZE PRICE n WastnSludge Reducer , WSR 10WSP Waste&Sludge Reducer WSR 25WSP KeetonAquatics.com ( toll - free: 800.493.4831 1 phone: 970.568.7754 V;. 10 LBS. $235.00 25 LBS. $565.00 6" Al 1 r 7 .4 F_ SUBSURFACE AERATION Degraded or Eutrophic ponds and lakes can be characterized by low levels of dissolved oxygen and highly stratified water; where warm, oxygen -rich water is suspended above cool, oxygen - depleted bottom water. As anaerobic (devoid of oxygen) conditions begin to develop in deeper water, naturally occurring aerobic microbes can no longer perform beneficial tasks, such as waste digestion or water purification. With time, water quality greatly decreases leading to unsightly blooms of algae, the accumulation of organic sludge and the buildup of gases such as hydrogen sulfide, well known for its offensive odor. Low oxygen levels can also lead to fish kills. Luckily, degraded ponds and lakes can easily be enhanced with the addition of a Lake Bed Aeration System. Lake Bed Aeration acts to increase dissolved oxygen levels while eliminating water stratification. Aerobic microbes can then recolonize deeper water where they rapidly begin to digest accumulated organic sludge and improve water quality. AERATION WORKS Lake Bed Aeration can be defined as the introduction of compressed air into the bottom of a pond or lake using a self - cleaning, non - clogging Duraplate" diffuser. When compressed air is released at the bottom it will naturally begin to migrate towards the surface of the water. As it travels up the water column the pressure surrounding the bubbles slowly decreases causing the bubbles to expand in size. Due to the fact that larger bubbles displace more water than smaller bubbles a slight current begins to develop. This current draws oxygen - depleted water from the bottom, oxygenates it and transports it to the surface. This action mixes stratified water while increasing dissolved oxygen levels and protecting fish, aquatic organisms and beneficial microbes from suffocation. - - - -- _ AEE potential for fish kills poor water quality lack of oxygen green - colored water excess vascular plants & algae unpleasant odor bottom sludge AT10 N -- - - - -- increased fish and aquatic life improved water quality ahundantoxygen clear water minimal plants 8 algae decreased odors reduced sludge accumulation KeetonAquatics.com I toll -free: 800 .493 .483 1 ( phone: 970.568.7754 1612A] Inside the ♦ 100% RECYCLED PLASTIC CABINET: /- Acoustical Sound Proof Foam Programmable Digital Timer Rocking Piston Compressor Adjustable Manifold Air Intake Filter Cooling Blower ■ of 1 °r K TR Series with 6 Diffusers $4,825.00 TR Series with 9 Diffusers $5,350.00 TR Series with 12 Diffusers $5,950.00 1 Diffuser $1,750.00 1 Diffuser & 1 00' of Tubing $1,850.00 2 Diffusers $1,950.00 2 Diffusers & 200' of Tubing $2,150.00 3 Diffusers $2,150.00 3 D ffusers & 300'dTubing $2,450.00 4 Diffusers $2,350.00 4 Diffusers & 400'd Tubing $2,750.00 line IFIVI IN $ TITS' Ai -r ti 9. 9119( AM Solaer System with 1 Duraplate Diffuser $6,435.00 Solaer System with 1 Durapl ate Diffuser $6,535.00 & 100' of Al,:dne Tubing Solaer System with 2 Durapla re Diffusers $6,595.00 Solaer System with 2 Durapia re Diffusers $6,795.00 & 200' of Al pine Tubing Solaer System with 3 Duraplate Diffusers $12,825.00 Solaer System with 3 Duraplate Diffusers $13,125.00 & 300' of Al pine Tubing Solaer System with 4 Duraplate Diffusers $12,985.00 Solaer System with 4 Duraplate Diffusers $13,385.00 & 400' of Al pine Tubing I ANNIIAI MAINTENI s, ,E e s bib 4 b• ENEFICIALt r MIC 'Obe a � t s �jN E W' N___1 wastfivw i sort ,-_...,. ® Wntesws t Fishery WaSte and Sludge AQUA-TRON' Reduce 0 TARGETS: TARGETS: TARGETS: cu Aqua -Trop" has been developed The newest addition to the Beneficial Waste & Sludge Reducer"' (WSR"") was � 0 to provide you with clean, clear, Microbe Family, Fishery Prime is a ` developed to target the build -up of t beautiful water. The build up of special blend of Probiotic microbes organic material and bottom sludge _ excess nutrients causes pond and for the improvement of recreational in ponds and lakes. As this material M lake eutrophicaton, which is very fisheries. Fishery Prime improves fish accumulates, it forms a layer on the O° unsightly. Aqua -Tron is composed of health and survival, enhances growth bottom that, when left unchecked, will unique classes of beneficial microbes rates and immunity, and reduces fish contribute to the degradation of the known to rapidly metabolize excess stress. Fishery Prime's patented formula water body. WSR rapidly consumes this o 0 nutrients, pulling them from the water promotes conditions beneficial for layer, which helps improve the water column, returning the water to a game fish and other aquatic organisms quality. WSR is also very effective at a naturally healthy and visually pleasing and encourages a sustainable and eliminating offensive odors, ammonia, state. healthy fishery. nitrite, nitrate and organics. improve water quality enhances fish growth rates reduce bottom sludge reduce excess nutrients improves fish health & survival reduce odors E create a balanced ecosystem reduces fish stress reduce suspended solids ° clear ponds "nature's way" patented probiotic formula reduce organic waste MODEL SIZE PRICE MODEL SIZE PRICE MODEL SIZE PRICE AQUA -TRON Fishery PRIME waslulgeRedwer ®® AQUA IOWSP FP IOWSP MM WSR 10WSP " _ o AQUA-TRON fishery PRIME ®® wasRudge WSP �� Y AQUA 25WSP �� FP 25WSP ` ` ..WSR 25WSP ` ` a 4*w October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board vA 3. Landscaping Best Management Practices (BMP) -- Reclaimed Water Memorandum of January 25, 2012 Pagel of 5 1612 A17 Important Information for our Reclaimed Water Customers January 25, 2012 To reduce the risk of fertilizer runoff contributing to nutrient pollution, the Board of County Commissioners adopted Ordinance 11 -24, the Florida - Friendly Use of Fertilizer on Urban Landscapes. This Ordinance requires that — -all lawn and landscape service businesses take the Green Industries Best Management Practices training to obtain an occupational license in 2012; - regulates the proper use of fertilizers by any applicator; - establishes a prohibited application period; - specifies allowable fertilizer application rates and methods; and - establishes fertilizer -free zones, low maintenance zones, and exemptions. Regulation of the nutrients contained in fertilizer, including phosphorus and nitrogen, will help improve and maintain water and habitat quality. For more information on the Collier County Fertilizer Ordinance, please visit www.dontoverfeed.com . Although all golf courses that landscape per the provisions of the Florida Department of Environmental Protection's (FDEP) Best Management Practices for the Enhancement of Environmental Quality of Florida Golf Courses are considered exempt from the provisions of Ordinance 11 -24, we encourage the golf courses and all other reclaimed water users to consider the amount of nitrogen and phosphorus present in reclaimed water prior to any additional fertilizer application. All reclaimed water distributed is compliant, meeting FDEP requirements. The concentration of nitrogen and phosphorus in reclaimed water is dependent on the constituents of the influent (raw sewage) and the type of treatment process used. The five -year average nitrogen concentration and the one -year average phosphorus concentration in the treated reclaimed water produced at the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF) are listed in Table 1. The Collier County Wastewater Department intends to provide the nitrogen and phosphorus sampling results to our reclaimed water customers quarterly, to allow for adjustments in fertilizer application. October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board �: I 3. Landscaping Best Management Practices (BMP) -- Reclaimed Water Memorandum of January 25, 2012 Page 2 of 5 1612 A 1-7 s TABLE 1 NCWRF (mg /L) SCWRF (mg /L) Average Nitrogen Concentration 9.6 9.9 Average Phosphorus Concentration 1.0 2.7 Before applying fertilizer to your landscaping, please consider the amount of nitrogen and phosphorus already present in reclaimed water. Runoff from over fertilizing is a major source of pollution in waterways such as canals, streams and ponds, producing algal blooms and excessive aquatic weeds, ultimately affecting the coastal ecology. Additionally, if fertilizer is applied without consideration of the phosphorus and nitrogen already present in the reclaimed water you may expose your landscaping to an increased potential for disease and /or fungus. As the above table indicates, there is a considerable amount of nitrogen and phosphorus present in reclaimed water, which needs to be accounted for prior to application of fertilizer. Generally, applying reclaimed water at a rate of 1" per acre per week will provide approximately 2.7 pounds of nitrogen per 1000 ft2 annually, which is 90% of the label limit for Bahia and Centipede grasses, and 50% of the limit for Saint Augustine and Zoysia grass. The same amount of reclaimed water would provide all the phosphorus needed for all the turfs. In addition to improving water quality, reducing the amount of fertilizer used will save you money on the purchase and application of fertilizer and decrease mowing costs. Please avoid sprinkling impervious surfaces, such as sidewalks and streets, and do not irrigate directly or indirectly into a waterway. The Collier County Wastewater Department will continue to provide the nitrogen and phosphorus sampling results to reclaimed water customers on a quarterly basis. For more information regarding the Florida - Friendly Use of Fertilizer on Urban Landscapes contractor education please visit http•//www.rookerybay.org/ professional - development /proiect- greenscape. For soil testing and additional fertilizer information please contact the University of Florida Institute of Food and Agricultural Sciences Collier County extension office at (239) 353 -4244 or visit their website at http: / /edis.ifas.ufl.edu/ . Please feel free to contact me at DanetteHuff @CollierGov.net with any questions or concerns. Sincerely, Danette Huff Reuse Manager, Collier County Wastewater Department Page 2 of 5 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board A 3. Landscaping Best Management Practices (BMP) -- Reclaimed Water Memorandum of January 25, 2012 Page 3 of 5 � 612 A174 NITROGEN CALCULATIONS To calculate how much extra nitrogen is needed if you irrigate with reclaimed water please see the example below using Centipede and Bahia grass. You can modify this calculation by adapting this calculation to fit your landscaping area and types. Rule for nitrogen — application rates for slow - release nitrogen are not to exceed 1 pound per 1,000 square feet per application. Application rates for quick - release nitrogen are not to exceed 0.7 pound per 1,000 square feet per application. The required label limits for fertilizer application in south Florida is 2 -3 pounds for Centipede grass and 2 -4 pounds of Nitrogen annually, per 1000 ft2 of turf. • In this example assume the need for 3 pounds of nitrogen applied once a year: • For this example, assume a 1,000 ft2 yard • Irrigate with reclaimed water per South Florida Water Management District Rules: % - 1 inch (this calculation was done using one inch of irrigation) per 1,000 ft2 per week of reclaimed water = 623 gallons per week (2,358 Liters). Convert gallons to liters • If you receive reclaimed water from the SCWRF, use the 9.87 mg /L value for nitrogen in the reclaimed water. • If you receive reclaimed water from the NCWRF, therefore you use the 9.6 mg /L value for nitrogen in the reclaimed water. SCWRF Calculation: Multiply 2,358 Liters x 9.9 mg /I = 23,344 mg of nitrogen applied per week or (1,213,898 mg /year) which equals 2.68 pounds of nitrogen per year before you add any fertilizer. Convert mg to pounds. If we subtract the 2.68 pounds already present in the reclaimed water then you only need to purchase and apply 0.32 pounds of nitrogen each year. 89% of nitrogen is already supplied by the reclaimed water in this example. NCWRF Calculation: Multiply 2,358 Liters x 9.64 mg /I = 22,873 mg of nitrogen applied per week or (1,189,375 mg /year) which equals 2.62 pounds of nitrogen per year before you add any fertilizer. If we subtract the 2.62 pounds already present in the reclaimed water then you only need to purchase and apply 0.38 pounds of nitrogen each year. 87% of nitrogen is already supplied by the reclaimed water in this example. Page 3 of 5 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Reclaimed Water Memorandum of January 25, 2012 Page 4 of 5 54 ` 1612 PHOSPHOROUS CALCULATIONS As a general rule, the University of Florida Institution of Food and Agricultural Sciences recommends soil testing for phosphorus content before any phosphorus fertilizer is applied. Rule for phosphorus — application rates are not to exceed 0.25 pound per 1,000 square feet per application and are not to exceed 0.5 pound of phosphorus per 1,000 square feet per year. • For this example, assume a 1,000 ft2 yard • Irrigate with reclaimed water per South Florida Water Management District Rules: % -1 inch (this calculation was done using one inch) per acre per week of reclaimed water = 623 gallons per week (2358 Liters). • If you receive reclaimed water from the SCWRF, use the 2.7 mg /L value for phosphorus in the reclaimed water. • If you receive reclaimed water from the NCWRF, therefore you use the .996 mg /L value for phosphorus in the reclaimed water. SCWRF Calculation: Multiply 2,358 liters of reclaimed water x 2.7 mg /L = 6,367 mg of phosphorus applied per week or (331,063 mg /year) which equals 0.730 pounds per year. Reclaimed water exceeds the limit of the phosphorus allowed for fertilization; therefore no additional phosphorus- containing fertilizer should be used if using only reclaimed water and watering once per week. NCWRF Calculation: Multiply 2,358 liters of reclaimed water x 1.0 mg /L = 2,358 mg of phosphorus applied per week or (122,616 mg /year) which equals 0.27 pounds per year. The reclaimed water supplies over half of the annual limit for phosphorus. A soil test for phosphorus should be conducted to determine if additional phosphorus from fertilizer is necessary. ❖ Reclaimed water is supplemented with well water during high demand periods and constituents of influent are subject to change, therefore the levels of nitrogen and phosphorus in the reclaimed water may change. ❖ Total nitrogen was calculated as Total Kjeldahl Nitrogen (TKN) + Nitrate (NO3) because NO2 is not normally detected and therefore was not included. Page 4 of 5 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Reclaimed Water Memorandum of January 25, 2012 Page 5 of 5 ADDITIONAL RESOURCES: 1612 A17 Fertilization Guidelines for Established Turf grass Lawns in South Florida Nitrogen Recommendations Turf Grass Species Pounds of Nitrogen per 1,000 ft2 per year Bahia grass 2 - 4 Bermuda grass 5-7 Centipede grass 2 - 3 St. Augustine grass 4-6 Zoysia grass 4-6 Links to: Homeowner Best Management Practices for the Home Lawn University of Florida Institute of Food and Agricultural Sciences Summary of IFAS Turf & Landscape Irrigation Recommendations Additional information and history of lawmaking for nutrients Rookery Bay Proiect Greenscape Page 5 of 5 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board "> 3. Landscaping Best Management Practices (BMP) -- Collier C unty ertilz r ordinance J~\ Page 1 of 10 i `j ORDINANCE NO. 11- 2 4 ' U AN ORDINANCE OF THE BOARD OF COUNTY r COMMISSIONERS OF COLLIER COUNTY, FLORIDA, { v9eg7trZ ADOPTING AN ORDINANCE FOR FLORIDA- FRIENDLY USE OF FERTILIZER ON URBAN !,T LANDSCAPES; AND BY PROVIDING AN EFFECTIVE - r DATE. WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in 1009 and the creation of Florida Statute Section 403.9337, mandates the establishment of a Model Ordinance in Collier County concerning the use of fertilizer on urban landscapes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the aquifers or springs within the boundaries of the county, the governing body of Collier County has determined that the use of fertilizers on lands within the county creates a risk to contributing to adverse effects on surface and /or ground water. Accordingly, the Board of County Commissioners of Collier County finds that management measures contained in the most recent edition of the "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " may be required by this ordinance. SECTION TWO: PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Collier County's Page 1 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordina Page 2 of 10 f Z 1 A V natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. SECTION THREE: DEFINITIONS For this Article, the following terns shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the County Manager, or an administrative official of county government designated by the County Manager to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" means any Person who applies fertilizer on turf and /or landscape plants in Collier County. "Board or Governing Board" means the Board of County Commissioners of Collier County, Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field- testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of Collier County whose duty it is to enforce codes and ordinances enacted by Collier County. "Commercial Fertilizer Applicator ", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Page 2 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 3 of 10 161[A17 "Institutional Applicator" means any person, other than a private, non - commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential prcc> erties maintained in condominium and/or common ownership. '+ "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and /or any group of people acting as an organized entity. "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if heavy' rain is likely. "Collier County Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " as revised, and approved by the County Manager or his designee. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively for golf course, parks, or athletic fields. "Turf," "Sod," or "Lawn" means a piece of grass- covered soil held together by the roots of the grass, "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants, For the purposes of this section, agriculture has the same meaning as in Florida Statute 570.02. 1 World \ictcorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm !2 inches,' in a 24 hour period. hrrp:! /sc%-urc.worfdwcathcr.org /rain /, and tiirecast keyword ' "likch" hrrp://www.\vrh.noaa gnv/S Cw,' .\i cdia(; uidc/' fcrmsoutluOk s_ \ \'atchc:_ \ \'arnings.pdf. Page 3 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board ` 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 4 of 10 61 A17 +_ SECTION FOUR: APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Collier County unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts for a period of one year from the effective date of the ordinance. SECTION FIVE: TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or landscape plants during the Prohibited Application Period, or to saturated soils. SECTION SIX: FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. Newly planted turf and /or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if needed to allow the plants to become well established. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land Development Code section 3.05.07F.3.f. Caution shall be used to prevent direct deposition of fertilizer into the water. SECTION SEVEN: LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture Page 4 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance � Page 5 of 10 16 7 and filter runoff. If more stringent Collier County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES (a) Fertilizers applied to turf and /or landscape plants within Collier County shall be formulated and applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in OF /IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. SECTION NINE: APPLICATION PRACTICES (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any, impervious surface shall be immediately and completely removed to the greatest extent practicable. Page 5 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 1 ' 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 6 of 10 f 1 (— A17- (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e)ln no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER In no case shall grass clippings, vegetative material, and /or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. SECTION ELEVEN: EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; (d) all golf courses provided that landscaping is done within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007 "(Florida Golf Course BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier County may take enforcement action in accordance with Section 14 of this Ordinance; Page 6 of 9 ` October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 7 of 10 A17 16 612 (e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE 5E- 1.003(2)(d), F.A.C. and OF /IFAS Publication #SL 191 , while maintaining the health and function of their Specialized Turf areas. SECTION TWELVE: TRAINING (a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete the six -hour training program in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida- Friendly Landscapes" program, or an approved equivalent. (b) Private, non - commercial applicators are encouraged to follow the recommendations of the University of Florida WAS Florida Yards and Neighborhoods program when applying fertilizers. SECTION THIRTEEN: LICENSING OF COMMERCIAL APPLICATORS (a) Prior to 1 January 2014, all commercial applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries ", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -10 friendly Landscapes" program, or an approved equivalent program, prior to obtaining a Collier County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and /or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the County Tax Collector's office within 180 days of the effective date of this ordinance. (b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area of Collier County shall have and carry in their possession at all times when applying fertilizer, Page 7 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 8 of 10 1b l ZA17 evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and /or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi - family and condominium properties) must ensure that at least one employee has a '`Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and /or Landscape Plants shall provide proof of completion of the program to the County Tax Collector's Office. SECTION FOURTEEN: ENFORCEMENT Funds generated by penalties imposed under this section shall be used by Collier County for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. SECTION FIFTEEN: PENALTIES Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code Enforcement Ordinance (Ordinance 2010 -04, as it may be amended). To any degree that the Code Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted, said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings, absent the cure, may be initiated upon the discovery of the violation. SECTION SIXTEEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Page 8 of 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 9 of 10 1612 A17 PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners of Collier County, Florida, this 2.4m-k day of :1-v` 2011. ATTE".' BOARD OF COUNTY COMMISSIONERS DWI&T•SE. $RO n i C_ -;ERK COLLIER COUNTY, FLORIDA U Deputy At Lest as to Chdlrun A 1 Qnatwe 001't Approved as to form and legal sufficiency: n 7. w Steven T. Williams Assistant County Attorney Page 9 of 9 By: `'L4 W FRED W. COYLE, CHAT N This crdir.ance Fii._d with the :se •etcry of "t-t- 's Office the Cr c': ochli��w'cd :Iemar�f, that III fiiir:r' received ^�C � day of • , �-Kr clerk October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board • 3. Landscaping Best Management Practices (BMP) -- Collier County fertilzer ordinance Page 10 of 10 6I2 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 and correct copy of: ORDINANCE 2011 -24 Which was adopted by the Board of County Commissioners on the 26th day of July, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2011. DWIGHT E. BROCK Clerk of Courts an ,:Clerk ,., Ex- officio to County Commiss3.oners 1�'y By : Teresa Polijpki- • " Deputy Clerk"'' October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 1 of 10 1612 A17 Florida Department of Environmental tal Protecrion MODEL ORDINANCE FOR FLORIDA - FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES [alternate title: MODEL ORDINANCE FOR FLORIDA - FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES] 2010 Note. Title revision for clarity. There is no defined Florida- Friendly fertili�Zerproduct, as timing, chemistry, grade, amount, site - specific conditions and application practices all af`ea `Florida friendliness':] INTRODUCTION This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients coming from urban landscapes to reduce the impact of nutrients on Florida's surface and ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk of nutrient enrichment of surface and ground waters, but effective nutrient management requires more comprehensive control measures. Such a comprehensive approach is needed that may include, but is not limited to, land planning and low- impact development, site plan design, landscape design, irrigation system design and maintenance, fertilizer application, landscape maintenance, and waste disposal. To assist local governments in improving their existing land development regulations, several "model" ordinances have been developed. These include: • "Low Impact Design" ordinances which seek to reduce the impact of urbanization on our natural resources by stressing "source controls" that either minimize the generation of stormwater or minimize the pollutants that can get into stormwater. For example, promoting development designs that minimizes clearing of natural vegetation and the compaction of urban soils. A Model Springs Protection Code was developed by DCA, DEP, and other stakeholders that includes specific Land Development Regulation recommendations that promote Low Impact Design. This Model Code is available as Chapter 5 in Protecting Florida's Sprin g s.- An Implementation Guidebook. It is available at htW://ww\v.dca.state.fl.us/fdcl2/DCP/sl2rings/index.cfm. "Landscape Ordinances" because design, construction, and maintenance are major determinants in the amount of fertilizer and irrigation that is needed to maintain healthy urban landscapes and minimize adverse impacts on water resources. A model Landscape Ordinance entitled "Guidelines for Model Ordinance Language for Protection of Water Quality and Quantity Using Florida - friendly Lawns and Landscapes" was developed by a group of agencies, industries, and interest groups over a two year period and published in 2003. It was fundamentally an adaptation of earlier water conservation ordinances revised to include water quality protections for compliance with Total Maximum Daily Load (I'MDL) or stormwater NPDES permit requirements. The language focused on continuing education of lawn care and landscape professionals, proper planning and supervision during development and construction, and the use of best management practices, including the Florida - Friendly Landscape Program. This model ordinance has been renamed "Florida- October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 2 of 10 1612 Friendly Landscapinem Model Guidelines for Ordinance Language for Protection of Water Quality and Quantity," updated in 2008 and 2010 and may be downloaded from: htU?://www.del2.state.fl.us/water/nonl2oint/12ubs.httn. Finally, the 2004 Florida Legislature directed Florida's water management districts to work with interested parties to develop landscape irrigation and Florida - Friendly design standards for new construction (section 373.228, F.S.). Local governments are to use the standards and guidelines when developing landscape irrigation and Florida - Friendly ordinances. The Committee on Landscape Irrigation and Florida - Friendly Design Standards convened and developed the standards. They are published in a booklet called Landscape Irrigation and Florida friendly Design Standards (December 2006). The 2009 Legislature has directed that it be revised in 2011. The current version of this document can be downloaded from: http• / /w�vwdel2state.fl.us /water /`waterpohcy /land irr.htm October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 3 of 10 1612 A17 MODEL ORDINANCE FOR FLORIDA - FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES (AUGUST 2010) 1. FINDINGS As a result of impairment to (MUNICIPALITY / COUNTY)'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the aquifers or springs within the boundaries of (municipality /county), the governing body of (municipality / county) has determined that the use of fertilizers on lands within (municipality / county) creates a risk to contributing to adverse effects on surface and /or ground water. Accordingly, the governing board of (municipality/ county) finds that management measures [G&cVancc. optional "additional management measures than are otherwise'] contained in the most recent edition of the "Florida friendly Best Management Practices for Protection of Dater Resources by the Green Industries, 2008, " may be required by this ordinance. 2. PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on (MUNICIPALITY / COUNTY)'s natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. [d%ance: as appropriate] Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of (MUNICIPALITY / COUNTY) residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. 3. DEFINITIONS For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the (MUNICIPALITY / COUNTY) Administrator, or an administrative official of (MUNICIPALITY / COUNTY) government designated by the City /County Administrator to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 4 of 10 1612 "Applicator" means any Person who applies fertilizer on turf and /or landscape plants in (MUNICIPALITY / COUNTY). "Board or Governing Board" means the Board of City /County Commissioners of (MUNICIPALITY / COUNTY), Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field - testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of (MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances enacted by (MUNICIPALITY / COUNTY). "Commercial Fertilizer Applicator ", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization' means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non - commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and /or common ownership. "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and /or any group of people acting as an organized entity. A171 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 5 of 10 "Prohibited Application Period" means the time period during which a Flood Watch or 1612A17 Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of (CITY /COUNTY), issued by the National Weather Service, or if heavy rain' is likely. "(MUNICIPALITY / COUNTY) Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices for Protection of Dater Resources by the Green Industries, 2008, "as revised, and approved by the (MUNICIPALITY / COUNTY) Administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. [Guidance. Some have questioned the enforceability of practical field definitions which should be considered before adoption.] "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "Sod," or "Lawn" means a piece of grass- covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s.570.02. 4. APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of (MUNICIPALITY / COUNTY), unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. [rialance: In 403.9336, the Legislature further finds that local conditions, including variations in the types and quality of water bodies, site - specific soils andgeology, and urban or rural densities and 1 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period. http: / /sc\ ere.worldweather.org/rain/, and forecast keyword "likely ", http: / /www.wrh. noaa. go \ /sew/MediaGuide /TermsOutlooks Watches Warnines.pdf. October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 6 of 10 1612 'A17- characteristics, may necessitate the implementation of additional or more stringent fertilizer management practices at the local government level. Local government may adopt additional or more stringent provisions to the model ordinance as provided in 403.9337(2). However, the local government should consider the disadvantages of confusing jurisdictional differences and should clearly demonstrate they meet the required criteria: (2) Each county and municipalgovernment located within the watershed of a seater body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance for Florida-Friendy Fettifiper Use on Urban Landscapes. A local government may adopt additional or more stringent standards than the model ordinance if the following criteria are met: • (a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrientpollution which is science based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertili .Zer contributions to nonpoint source nutrient loading to a water body. • (b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department ofAgriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertili .Zer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria.] [G&drance. Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide that a local ordinance, deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter 13 73 } or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to Chapter 373 part ILJ [Gb dunce. Florida Statues 482.156 and 482.1562. Neither the Limited Commercial Landscape Maintenance Certification Program nor the Limited Certification for Urban Landscape Commercial Fertiliser Application allows landscape maintenance workers to make any kind of pesticide applications (including weed control and/ or weed and feed products) to any turf areas.] [G dunce. Florida Statues 482.242, and 487.051 (2), F.S. Regulation ofpest control businesses and applicators, and of pesticide use, is preempted to the Florida Department of Agriculture and Consumer Services (FDACS and suspected pesticide misuse should be reported to FDACS. 5. TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or landscape plants during the Prohibited Application Period, or to saturated soils. [G d xnce. One of the most controversial issues associated with recent fertili -Zer ordinances enacted by local governments is the definition of the Prohibited Application Period. Some ordinances have prohibited the application of fertiliser, even slow release formulations, during the summer rainy season, typicaly June 1 to September 30. The reasoning is that rain occurs frequently, saturating the soil, leading to more runoff Saturated soils are prone to runoff or leaching with little or no additional water, and pose a higher than normal risk until soil moisture capacity is restored. Fertili .Zer management is largely about keeping the I October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board I Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 7 of 10 1612A1 nitrogen and /or phosphorus in the root done where it can be used by plants. Periods of heavy rainfall contribute to leaching, which is washing nutrients out of the mot done, and to runoff, especialy in areas with compacted or bare soils and significant slope. Vegetative ground cover is important to minimising erosion, filtering particulates, and incorporating or promoting the biological transformation of potential pollutants Many variables influence the relationship between fertiliser rates, vegetation health and nutrient enrichment of surface and ground waters. According, sound science and carefully reasoned judgment are recommended in determining how to define the Prohibited Application Period.] 6. FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and /or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. [G&dsnee. This -,one is a setback to prevent the applicator from inadvertently depositing fertiliser in the water while per the application. .It is not designed as a treatment buffer, and is to be adhered to as a fundamental environmental safety aspect of the applicator's job, regardless of the owner's desires. Some communities have existing residential setbacks of as little as 10 feet from water or seawall. Low maintenance hones, vegetated falter strips, and riparian buffers are strong encouraged, but such activities are rightly apart of land use planning. Local governments are encouraged to implement these low - impact developmentpractices where feasible.] 7. LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale /berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. [G%dfancc. Care must be taken to ensure erosion of the surface soil does not occur. Excessive erosion may be agreaterpollution ha .Zard than occasional proper applications of fertiliser.] 8. FERTILIZER CONTENT AND APPLICATION RATES [G&dsncc. RULE 5E- 1.003(2)(d), F.A.0 contains the followingpmvisions forgof courses, -parks and athletic f elds As such, no additional specific requirements are included for these types of urban turf. The appropriate Best Management Practices listed below must be followed on such sites for nutrient management activities: (d) Fertilisers labeled for sports turf atgolf courses, parks and athletic fields shall- October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 8 of 10 16 1. Have directions for use not to exceed rates recommended in the document titled SL191 `Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilisation Based on Mehlich I Extractant'; dated March 2007, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Wlater Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: bQ: / / edi c. i as. ufl ed I SS404. 2. Have directions for use in accordance with the recommendations in `BMP's for the Enhancement of EnvironmentalQuality on Florida Golf Courses" published by the Florida Department of Entironmental Protection, dated January 2007. Copies may be downloaded from b0 :1 / www dep state fl. us/ water/ nonpoint /pubs: htm. Note that this does not exempt applicators at these sites from the required basic Green Industry BM training. Information on this is located at bL0:1 /an ; as. ufl edufprofessionals /BMP overview. htm. If other provisions of the ordinance are not appropriate for these sites, such exceptions should be noted.] (a) Fertilizers applied to turf within (MUNICIPALITY / COUNTY) shall be formulated and applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertifisers. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in OF /IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. [Gidtfance: Soil and tissue tests for phosphorus are normally done by OF /IFAS or another accredited laboratory. IFAS recommendations are available from the County Extension service or http: / /Solutionsforyourlife. ufl. edu /lawn and awn /J 9. APPLICATION PRACTICES a. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies, including wetlands. b. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. c. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. d. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. e. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall grass clippings, vegetative material, and /or vegetative debris be washed, October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 9 of 10 1612 A171 swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. 11. EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. [G° dance.- Limited waivers for special cases such as botanicalgardens, etc. should not be considered as less stringent for the purposes of the model as a minimum requirement.] 12. TRAINING (a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete the six -hour training program in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida- Friendly Landscapes" program, or an approved equivalent. (b) Private, non - commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. [G dlance. A localgovernment may establish a certification / education program for the institutional or private application of fertilisers indicating the completion of an education program for special local requirements not covered in the above programs. It is up to the localgovernment to set a continuing education or renewal provision for these applicators. Persons with statewide FDACS commercial fertiliser certification cannot be required to submit to additional local testing after obtaining the FDACS certificate. J 13. LICENSING OF COMMERCIAL APPLICATORS (a) Prior to 1 January 2014, all commercial applicators of fertilizer within the ( un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries'; offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida - friendly Landscapes" program, or an approved equivalent program, prior to obtaining a October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board ' 3. Landscaping Best Management Practices (BMP) -- Model fertilzer ordinance Page 10 of 10 16 1 N17 (MUNICIPALITY / COUNTY) Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and /or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the (MUNICIPALITY / COUNTY) Tax Collector's office within 180 days of the effective date of this ordinance. [Gkddsncc. The ordinance is prospective only. Occasions may exist for a finite time zvheregre- existing contract terms mandate practices not in accordance u4th the BMPs. Such terms should be voided at contract expiration.] (b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and /or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi - family and condominium properties) must ensure that at least one employee has a "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and /or Landscape Plants shall provide proof of completion of the program to the (Municipality/ County) Tax Collector's Office.[Gbir'd2nce: This is an example of an administrative enforcement mechanism. It may be modified to use other local mechanisms as appropriate]. 14. ENFORCEMENT IGUidXnce: Local governments should consider making penalties consistent with their other fines and penalties.] Funds generated by penalties imposed under this section shall be used by (Municipality/ County) for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 1 of 68 Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION A Florida— Friendly Landscape Publication October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 2 of 68 71- I am pleased to present this new edition of the Florida Department of Environmental Protection's (DEP) guide for the professional turf and landscape industry. In the past six years, more than 100,000 books were distrib- uted, in both English and Spanish, and thousands of workforce members have received formal training. Florida Friendly Best Management Practices for the Protection of Water Resources by the Green Industries reflects the collaborative efforts of DEP, the University of Florida, several state and local agencies, as well as numerous stakeholders and private industry partners. The guide represents a collective commitment to assist the turf and landscape industry to protect the environ- ment through the implementation of educational pro- grams. I encourage you to follow the recommendations contained in the publication; they will help conserve water, protect our natural resources, minimize the need for regulation, and continue Florida's commitment of sound environmental stewardship. MICHAEL W. SOLE, SECRETARY Florida Department of Environmental Protection FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 3 of 68 1612 A l 1 GOALS OF THE MANUAL This manual provides information and guidance on turfgrass and landscape management practices to minimize Nonpoint Source Pollution in order to conserve and protect Florida's water resources. These practices cover both the establishment of new turf and landscapes and the care of existing turf and landscapes, including construction activities, irrigation, nutrient management, and pest management. This manual is designed to be an educational guide for professional service providers and other interested parties. It does not substitute for the services of a landscape architect, engineer, or other design professional. Design issues are dis- cussed as they apply to the service industry and their clients. This document is intended to enhance the professional knowledge and judgment of turfgrass and landscape workers. Plants are living systems, and these practices should not be rigidly applied in all cases. Workers should use the guidance provided, but measures that are more restrictive may be required in specific situations to protect sites that are at particularly high risk for adverse effects on surface water and ground water. State laws and local ordinances always take precedence. More information on Stormwater Management, Low Impact Development, and Florida Friendly Landscape Maintenance Practices is available from the Florida Department of Environmental Protection, the University of Florida Cooperative Extension Service, water management districts, universities and community colleges, and professional associations. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 4 of 68 ACKNOWLEDGMENTS The authors of this document owe a debt of gratitude to the Professional Landscape Network (PLANET), in allowing us to use its document on Best Management Practices for Turfgrass as a guide, and to Tom Delany, the association's representative on the committee. The PLANET docu- ment was based on a U.S. Environmental Protection Agency grant. Particular gratitude is due to Erica Santella, Regional Technical Director for TruGreen and past president of the Florida Turfgrass Association, who served as committee chair for the original development of this manual. Special thanks are also due to our editor, Mike Thomas, Florida Department of Environmental Protection (FDEP), who has taken the group through the process and guided us down the right path. We would like to thank Bryan Cooksey of McCaTs Pest Control and former president of the Florida Pest Management Association; Geri Cashion of FMC Corp; Mark Roberts of Toro; Joel Jackson of the Florida Golf Course Superintendents Association; Joe Welch of Middleton Lawn and Pest Control; Sidney Hinson, Gary Cook, and Scott Sincerbeau of Lesco; Norm Smith, Mel Edelstein (deceased), and Ed Minor of the Certified Pest Control Operators Association; Jennifer Leggett of Lindsey Pest Control; Toni Caithness of the Florida Pest Management Association; John Thatcher of TruGreen; Nick Dennis of Prolawn; Jeff Michel of Massey Services, Inc.; Gene Yearty (deceased); Marylyn Bales of Douglass Fertilizer; Ben Bolusky and Tom Tumbleson of the Florida Nursery, Growers and Landscapers Association; and Barry Troutman of Valleycrest Landscape. Staff of the following agencies provided invaluable support for this project: Mike Scheinkman (FDEP); Mark Jennings and Steve Dwinell, Florida Department of Agriculture and Consumer Services (FDACS); Richard Deadman, Florida Department of Community Affairs; Katherine Pordeli, St. Johns River Water Management District; Peg McPherson, South Florida Water Management District; and Ron Cohen and Jay Yingling, Southwest Florida Water Management District. Cover photo is provided courtesy of the South Florida Water Management District. Final editing was done by Linda Lord (FDEP). Finally, our thanks to Laurie Trenholm, Gary Knox, Christine Kelly - Begazo, John Cisar, George Snyder, Jerry Sartain, Terril Nell, Michael Dukes, Robert Black, Pam Mattis, Ed Gilman, and a host of other research and extension faculty, staff, and county agents with the University of Florida Institute of Food and Agricultural Sciences (IFAS), and the innumerable other citizens who con- tributed comments. This publication was funded in part by FDEP with a Section 319 Nonpoint Source Management Program Grant from the U.S. Environmental Protection Agency. DISCLAIMER The mention of a specific product or company is for information purposes only and does not con- stitute an endorsement of that product or company. Coprot 2068, F6;i& Deparhwt of Emlranrnw4ol Protection. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendl BMP Page 5 of 68 1 A ;"'y _ GOALS OF THE MANUAL ............ ............................iii Mangroves ................................... .............................23 Disposing of Landscape Material ....... .............................23 ACKNOWLEDGEMENTS ............. ............................... iv TABLE OF CONTENTS .................. ..............................v CHAPTER 1: INTRODUCTION ...... ..............................1 Using Best Management Practices LegalIssues ....................................... .............................40 to Reduce Pollution and Conserve Water ........................1 Definitions................................... .............................40 Environmental Issues .......................... ..............................1 Licensing Requirements for Pesticide Importance of Maintaining Use in Lawn and Landscape Maintenance ................40 Healthy Landscapes and Turf .............. ..............................2 Pesticide Record Keeping ............. .............................40 Cultural Practices for Healthy Landscapes ......................2 Restricted Use Pesticides ............. .............................41 Employee Training .............................. ..............................4 Integrated Pest Management ............. .............................41 CHAPTER 2: BEST MANAGEMENT PRACTICES FOR DESIGN AND INSTALLATION OF LANDSCAPES .. ..............................6 Site Evaluation and Landscape Design ............................6 LegalIssues ....................................... .............................40 Florida Friendly Landscape Design Standards ..................6 Definitions................................... .............................40 PlantSelection .................................... ..............................7 Licensing Requirements for Pesticide Selecting a Turfgrass for a Florida Lawn ....................7 Use in Lawn and Landscape Maintenance ................40 Selecting Trees, Shrubs, and Ground Covers ..............8 Pesticide Record Keeping ............. .............................40 Planting.............................................. ..............................8 Restricted Use Pesticides ............. .............................41 Preparing To Plant a Lawn ............ ..............................8 Integrated Pest Management ............. .............................41 Landscape Plant Installation ........ ..............................8 PesticideUse ..................................... .............................42 Care During Plant Establishment ..............................8 Pesticide Selection ....................... .............................43 Environmental Stresses on Lawns ...... ..............................9 PesticideStorage ............................... .............................44 Shade Considerations for Turf ............ ..............................9 CHAPTER 3: IRRIGATION BEST MANAGEMENT PRACTICES ....... .............................11 Permitting and Regulations ............... .............................11 LegalIssues ....................................... .............................40 Reclaimed Water Use ......................... .............................12 Definitions................................... .............................40 Irrigation System Design ................... .............................12 Licensing Requirements for Pesticide Microirrigation for Landscape Plants ......................13 Use in Lawn and Landscape Maintenance ................40 Irrigation System Installation ............. .............................15 Pesticide Record Keeping ............. .............................40 Irrigation Management ....................... .............................15 Restricted Use Pesticides ............. .............................41 Irrigation System Maintenance ......... .............................17 Integrated Pest Management ............. .............................41 Irrigation System Errors ..................... .............................18 PesticideUse ..................................... .............................42 Sources for Irrigation Standards ......... .............................18 Pesticide Selection ....................... .............................43 CHAPTER 4: MULCHING, MOWING, AND PRUNING ......... .............................20 Landscape Mulches ........................... .............................20 Benefits of Mulching ................... .............................20 Mowing the Florida Lawn ................. .............................21 Pruning of Landscape Plants ............. .............................22 CHAPTER 5: FERTILIZhTION ....... .............................25 Fertilizer Terms ......... 1 ........................ .............................25 LegalIssues ....................................... .............................40 Fertilizer Analysis ............................... .............................25 Definitions................................... .............................40 Urban Turf Fertilizer Rule ................. .............................25 Licensing Requirements for Pesticide Turf Fertilization Management ........... .............................25 Use in Lawn and Landscape Maintenance ................40 Nitrogen Management ................. .............................26 Pesticide Record Keeping ............. .............................40 Phosphorus Fertilization ............. .............................30 Restricted Use Pesticides ............. .............................41 Potassium Fertilization ............... .............................31 Integrated Pest Management ............. .............................41 Secondary Nutrient Fertilization . .............................31 PesticideUse ..................................... .............................42 Micronutrients ............................. .............................31 Pesticide Selection ....................... .............................43 Fertilizing Grass for PesticideStorage ............................... .............................44 Establishment or Recovery ......... .............................32 Untreated Buffers Near Bodies of Water ........................32 Impervious Surfaces ........................... .............................33 Fertigation......................................... .............................33 Fertilizing Landscape Plants ............. .............................33 Why Fertilize? ............................. .............................33 Recommendations and Basic Principles for Fertilizing Landscape Plants . .............................34 When To Fertilize ....................... .............................34 How Much To Fertilize ............... .............................34 Where and How To Fertilize ....... .............................35 Fertilizer Storage and Loading ........... .............................35 Storage......................................... .............................35 Loading....................................... .............................36 SoilTesting ......................................... .............................36 Soil Sampling Methodology ......... .............................36 Soil Test Interpretation ................. .............................37 TissueTesting ..................................... .............................37 Tissue Sampling Methodology ..... .............................38 Sample Contamination ............... .............................38 Interpretation of Results ............. .............................38 Summary........................................... .............................38 CHAPTER 6: PEST CONTROL ..... .............................40 LegalIssues ....................................... .............................40 Definitions................................... .............................40 Licensing Requirements for Pesticide Use in Lawn and Landscape Maintenance ................40 Pesticide Record Keeping ............. .............................40 Restricted Use Pesticides ............. .............................41 Integrated Pest Management ............. .............................41 PesticideUse ..................................... .............................42 Pesticide Selection ....................... .............................43 PesticideStorage ............................... .............................44 Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friend BMP Page 7 of 68 A17 USING BEST MANAGEMENT PRACTICES TO REDUCE POLLUTION AND CONSERVE WATER The protection of water resources is enhanced through turf- and landscape -care practices that make the best use of technology and the practical experience of profession- als. These practices address specific concerns, including the protection of water resources where pesticides and nutrients enter ground water and surface water as a result of nonpoint source pollution. University studies throughout the country, including Florida, have shown that properly managed turfgrass and landscapes do not significantly contribute to nonpoint source pollution. Pollution occurs when less- than -ade- quate management techniques are used. Developing low - risk irrigation, fertilizer, and pesticide programs, and ensuring that these programs are properly administered and periodically reviewed, reduces the possibility of nutrient movement off -site. Whenever possible, profes- sionals should educate their clients on landscape best management practices (BMPs) that encourage water con- servation and pollution prevention. The goals of the FDEP Green Industry BMPs are to reduce nonpoint source pollution and promote the effi cient use of water, as follows: • Reduce the off -site transport of sediment, nutrients, and pesticides through surface water or ground water • Use appropriate site design and plant selection. • Use appropriate rates and methods of applying fertilizer and irrigation. • Use integrated pest management (IPM) to minimize pests and apply chemicals only when appropriate. BMPs should integrate selection, irrigation, fertilization, and pest management in a manner that minimizes envi- ronmental impacts, yet meets clients' and customers' expectations. Irrigation practices influence how often we need to fertilize and this can affect the occurrence of pest problems. Weigh these and other factors when making landscape management decisions. The first edition of this manual was published in the sum- mer of 2002. By the end of 2007, more than 80,000 manu- als had been distributed, in both English and Spanish ver- sions. More than 50,000 glove box sized summary book- lets have also been distributed. In the first five years, more than 2600 people obtained formal certification through DEP or OF -IFAS sponsored training, and many of these people have taught others about the BMPs, but they did not obtain formal certification through the University. Figure 1. With proper BMPs, our water resources can successfully coexist with residential landscapes. Since the original publication of this BMP manual, sever al new laws have been passed, new research completed, and new products developed. Therefore, this 2008 ver- sion contains new information in many areas, especially concerning irrigation systems and fertilizer use, along with many other suggestions received from dozens of landscapers and others seeking to improve this book. This revision would not be as good without their ideas and contributions. This manual provides specific examples of how BMPs might work in typical situations. These examples are not meant to minimize concerns associated with other turfgrass or pest problems. Although certain rules are mentioned, this publication is an educational, not a regulatory, document. Always check with state and local authorities, because local ordinances may be more restrictive than federal or state regulations. ENVIRONMENTAL ISSUES Many areas of the state are running low on freshwater supplies. Water conservation is one of the most crucial issues facing Florida in the future, and applying the BMPs described in this manual will help to conserve our pre- cious fresh water. Since the passage of the Clean Water Act and the forma- tion of the U.S. Environmental Protection Agency, tremendous strides have been made in cleaning up our air and water. Most of this cleanup has been accomplished through permitting and the regulation of point sources of pollution such as factory smokestacks and sewage dis- charges. Department of Environmental Protection — Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 8 of 68 tom. In contrast, nonpoint source pollution comes from diffuse sources and is associated with the long -term effects of everyday activities. It is carried primarily by rainfall and irrigation water, which cause pollutants that have accu- mulated on the land surface to run off into surface waters or to leach into ground water. Water is the primary mech- anism for the transport of dissolved chemicals through the soil. Nonpoint source pollution may not be obvious until a rainfall event occurs, leading to stormwater runoff from roads, parking lots, suburban areas, and farms. As Florida's population has soared, this type of pollution has become an increasingly important issue in the state. Many of Florida's water resources are particularly suscep- tible to pollution because of the state's unique geology and climate. Floridians obtain most of their drinking water from ground water via wells. Ground water sup- plies often lie near the surface and may be covered by nothing but sandy soil. Surface waters in Florida are very sensitive to even small additions of pollution, which have caused widespread ecosystem changes in our sensitive estuaries, lakes, rivers, and the Everglades. In order to prevent potential leaching and runoff, users of fertilizers and pesticides need to consider the weather conditions, proper application rates of products and cali- bration of equipment, soil properties, the distance to the water table, the slope of the land, and the distance to sur- face waters and storm drains; all of this, in addition to plant nutrition, disease, and pest factors. Remember, an ounce of prevention is worth many dollars of cure. Figure 2. Grassy stormwater retention areas can add to a lawn and protect our environment. IMPORTANCE OF MAINTAINING HEALTHY LANDSCAPES AND TURF Well- planned, healthy landscapes designed with Florida - friendly landscape practices usually include trees, ornamentals, and a lawn of turfgrass or other ground cover. Native and well - adapted, noninvasive ornamentals contribute beauty and balance to a property, provide shade and wildlife habitat, and help to control erosion by diminishing the force of rainfall. Both the lawn and other landscape plantings reduce noise and glare, and modify temperatures. A healthy and vigorous turf with good plant density pro- vides many benefits. Healthy grass is viewed as an aes- thetic asset, and a growing body of evidence points to the positive health and environmental contributions made by lawns and other turf areas. Turfgrass plays a significant role in reducing water runoff in urban and suburban environments that have significant areas of impervious surfaces such as parking lots, sidewalks, and driveways. Dense turf reduces the velocity of runoff and allows greater infiltration into both the thatch and root zone, where microbes can begin breaking down the water con- taminants. The turfgrass root zone is a unique soil sys- tem. A healthy root zone does the following: • Improves soil structure and reduces soil compaction, allowing greater infiltration of rain or irrigation water; • Improves soil processes that facilitate the biodegrada- tion (breakdown) of various types of organic pollutants, air contaminants, and pesticides used in lawn care; • Encourages soil - building processes through the decom- position of organic matter and formation of humus, and contributes to easier lawn care with fewer weeds and insects and less disease. CULTURAL PRACTICES FOR HEALTHY LANDSCAPES Plant selection and location are the most important factors in planning a lawn and landscape. After weather, cultural practices are the biggest factors in determining how well an agronomic or horticultural program per- forms. The amount of pesticides, fertilizers, and water required often directly correlate with cultural practices and how well they are carried out. Landscape professionals have a responsibility to supply their customers with educational material on their role in keeping turf and other landscape plants healthy. This includes (as appropriate) information on irrigation, mow- ing, plant selection, aeration, and traffic control. Few landscaping and lawn care companies have total control over all aspects of the properties they maintain. It is not uncommon for mowing, fertilization, pest management, and irrigation maintenance to be performed by two or more companies, or the homeowner may do one or more jobs themselves. It is of the utmost importance to educate customers about wise cultural practices so they can see that they are performed properly. Cultural practices include irrigation, fertilization, mowing and pruning, aeration and dethatching. When each of FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries r s October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 9 of 68 these is performed properly, the need for pesticides is reduced because plants and turfgrasses are healthier and more resistant to pest problems. The concept of Integrated Pest Management (IPM) emphasizes proper cultural practices along with selecting plant species, varieties and cultivars that are less suscepti- ble to insects, nematodes, and diseases, and best adapted to the environmental conditions of the site and geograph- ic part of the state. Mowing height has a tremendous impact on the severity of weed, insect, and disease pests. In general, lowering the height increases weed, insect, and disease pressure on turfgrasses by causing turf stress. There are exceptions: dwarf varieties, centipedegrass and improved bermuda- grasses have lower mowing heights than the standard often used for lawn and commercial turfgrasses. Still, even these lower - growing varieties will suffer stress if mowed too short. Pruning is an important task in maintaining a landscape. Through the selective removal of shoots and branches, pruning a plant can improve its health, control its growth, and enhance its fruiting, flowering, or appear- ance. Improper pruning, on the other hand, may weaken a plant, open it to invasion by disease or insect pests, or even lead to premature death of the plant. Incorrect dis- posal of material may lead to the spreading of diseases or pests, or of the spreading of invasive species. Time fertilizer applications to maximize plant use and minimize adverse environmental impacts. Plants use the most nitrogen during periods of high growth, and less when dormant. However, it is important to avoid fertiliz- er applications if heavy rain is expected before the nutri- ents are immobilized. In theory, frequent, very light appli- cations or "spoon feedings" of turf and landscapes are ideal to avoid leaching a large amount at one time due to a heavy rain event, but this is difficult to achieve safely without special management, such as for golf course greens. Slow release fertilizers attempt to match this ideal profile. Both quick- and slow - release fertilizers have a place in a sound management program. Fertilization of plants can result in additional growth and production of leaves, stems, branches and roots. However, additional growth can result in more mainte- nance and yard trimming, so it is important to deter- mine if heavy growth is the desired result. Fertilization is usually desirable when trying to establish newly installed landscape plants. In addition, adding fertilizer can help plants get off to a quick start so they fill the planted area. Inadequate nutrition results in thin, weak plants that may be more susceptible to insects, weeds, and diseases. In addition, weakened plants do not hold the soil as well as 161 LA, healthy dense stands and can lead to soil erosion and water pollution. Certain diseases, such as rust and dollar spot, can occur in turf maintained under low- nutrient conditions. Under - fertilized landscape plants may require a higher than normal rate of nitrogen or other nutrients in order to return to a healthy condition. Over - fertilization can also enhance plant susceptibility to pests and diseases. Several pesticide applications may be required to alleviate problems that would not have been as prevalent under a proper nutrition program. Remember that plants don't waste water, people do. In a typical urban environment where soils and habitat have been modified, supplemental irrigation is necessary for the survival of many turf and ornamental plants during periods of severe moisture deficiency. However, overwa- tering may increase insect, weed, and disease pressures. For example, excessive moisture encourages the develop- ment of dollarweed and fungal pathogens. Conversely, some weeds such as spurge and Florida pusley thrive under dry conditions and can outcompete turfgrass suf- fering from drought stress. A balance is necessary to keep the landscape strong and healthy. The average volume of rainfall in Florida ranges from 40 inches annually in Key West to about 53 inches in the central and northern peninsula and over 60 inches in the Panhandle west of Tallahassee and along the southeast Figure 3. Poor fertilization technique wastes fertilizer, causes unsightly stains, and pollutes our waterbodies, coast below Lake Okeechobee. In parts of the central and southern peninsula, more than half of Florida's total annual rainfall is concentrated between June and September. During the winter and spring, or during Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 10 of 68 � � �# 91 severe drought years, the lack of rainfall may seriously compromise plant health. Landscape plants, including turfgrass, that are growing in soils with a limited capaci- ty to retain moisture can benefit from supplemental irrigation during periods of low rainfall. Even during the rainy season, evapotranspiration (water loss from plants and soil) occurs between showers and may neces- sitate supplemental watering while plants are becoming established. Determining and controlling the rate, amount, and tim- ing of irrigation can minimize soil erosion, runoff, and fertilizer and pesticide movement. The irrigation system should be designed to have an application rate that is less than the infiltration capacity of the soil so that no surface pooling occurs and water percolates with maxi- mum efficiency. Rain sensors or soil moisture sensors eliminate irrigation when nature has supplied sufficient water. A correctly installed and operating rain sensor, which is required by law on all systems installed after 1991, can save up to 30% or more over a timer -only sys- tem. If you notice a defective rain sensor while perform- ing other work on a property, try to notify the owner so they can get it repaired. The use of pesticides for controlling pests remains an important part of landscape plant management in Florida. The key to reducing pesticide use is to combine genetic, cultural, and biological management practices into an IPM program that focuses on the prevention of pest problems. When suppression is necessary, it is easier to suppress a pest when conditions exist that do not favor its development. For example, diseases can be hard to manage during periods of heavy rains but if over - watering is promoting disease, cutting back irrigation will help suppress fungus much more effectively than fungicide applications alone. BMPs to protect water quality can be affordable and easily implemented, and are effective in reducing the off -site transport of sediment, nutrients, and pesticides. Select pesticides that are the least toxic, least water soluble, least volatile, and most effective. The best defense against the movement of pesticides and fertilizer nutrients off -site or through the soil is a thick, vigorously growing stand of turf or other landscape plants. Pesticides must be correctly applied. Spray when condi- tions for drift are minimal, avoid application when heavy rain is expected, and irrigate with appropriate volumes of water per label instructions. Granular applications should be targeted away from impervious surfaces and bodies of water. The landscape manager should check the proper calibration of equipment before every pesti- cide application. Always follow the label directions for disposing of pesticide containers. EMPLOYEE TRAINING The effectiveness of any program is only as good as the understanding of the personnel responsible for final application. BMPs are no exception. For BMPs to be effec- tive, the technicians in the field must understand their role in protecting our water resources. This understand- ing can only come from the development and implemen- tation of employee- training programs. Employees should be given pertinent information relating to their job duties, especially job safety. The Green Industry is very diverse. Companies range in size from one or two individuals to very large corporations. Firms of any size may choose to avail themselves of horticultur- al and practical training available through professional associations, governments, or the county Cooperative Extension Service. In addition to the BMPs, it is recommended that managers, salespeople, and supervisors take advantage of Florida Yards and Neighborhoods (FYN) training events where they are provided by their local IFAS Extension office. While consistent with the Green Industry BMPs, FYN training is geared to homeowners, and in some areas to retailers and homebuilders. While FYN is the "homeowner" BMP guide and applies to maintenance of all types of yards found in Florida, it also addresses design of diverse landscapes that mini- mize use of irrigation, supplemental fertilizers, and cor- rective pest control. FYN classes also focus considerable attention on specific plant selection, placement, and care. This information is tailored to local conditions and soils, topics beyond the scope of this manual. There is a growing demand for people to install and service these yards properly, and this may provide an opportunity to expand your client base. If you are doing planting or irrigation work, or any other digging, find out where utility lines are buried before you dig in order to protect yourself and your crew from injury and prevent damage to underground utility lines. Train your employees that a call to 811 starts the process of getting underground utility lines marked for free. Calling 811 in Florida routes you to Sunshine State One Call. Utility companies then send a professional locator to the location to mark underground lines within two full business days. Once the lines are marked, you will know the approximate location of the utility lines and can dig more safely. However, One Call member utilities typically locate only those underground facilities they own. Customer wiring and piping within the lot are not marked by One Call. Employees whose job duties include activities related to BMPs should be properly trained to perform those activi- ties before going in the field. Applicable personnel at all levels of responsibility should receive refresher training annually on the general components and goals of the FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Paae 11 of 68 BMPs, job safety, and the specific BMPs that apply to their jobs. Documenting an employee's participation is an integral part of a successful training program. Employee training should be documented in an employee training log. This documentation provides the business with a tool to ensure the effective delivery of BMPs. It not only allows the company to track an employee's education and com- petence, but also provides a record in case of accident to show that the company provided the employee with the proper training to do his or her job. Records should have the name and signature of the employee, the provider or trainer, subject, date, and hours (time in/time out). As time goes on, some local governments are passing ordinances to regulate the Green Industry. Many of these ordinances may require education in order to obtain an occupational license or to provide services to the public. Maintaining training records shows that your business meets these requirements. 1612A17 Remember ... • Train employees about BMPs and job safety. • Retrain annually and when changes are made. • Train employees to document and retain records of activities. Finally, consider real nature of your business. It is proba- bly not the sale of pesticides, fertilizers, or gasoline. It is more likely that your real business is maintaining your customers' yards at a level that pleases them, at the lowest expense to you. Do not spend money applying materials that are not needed, or that are wasted by poor applica- tion practices or improper equipment calibration. Do not waste materials and time fighting the symptoms of prob- lems you have no control over. Collaborate with other trades that have expertise you do not provide, such as an irrigation contractor. Then, if the irrigation system is causing fungal problems and dry spots, you can provide the customer with repairs; fix the real cause of the trou- ble; and save money on fungicide, insecticide, fertilizer and labor. Using Best Management Practices minimizes both the environmental and financial costs of maintaining a healthy and attractive landscape. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 12 of 68 17 1612 t Bare soils and slopes without proper plant cover are highly susceptible to erosion. Sediment resulting from erosion is the leading cause of waterbody impairment and pollution. Sediment destroys fish - spawning beds, reduces useful storage volumes in reservoirs, and increases filtra- tion costs for municipal water supplies. Pesticides and nutrients such as nitrogen and phosphorus can bind with sediments and be moved by running water. A healthy stand of turf and/or other landscape plants can help to control erosion and reduce runoff, but must be properly established and maintained to protect water quality. It is important to design the landscape before installing the irrigation system. This allows the irrigation system to be designed to meet the needs of the plants instead of the other way around. Florida Statutes 125.568(3), 166.048(3), and 373.185(3) provide that a deed restriction or covenant entered after October 1, 2001, or local government ordinance, may not prohibit any property owner from implementing Xeriscape or Florida - friendly landscape practices on his or her land. Any restrictions created after this date are void. In many communities, construction and design docu- ments and permits require the signature and seal of a design professional. To protect the public, landscape architects and professional engineers are licensed by the state. Contact your local authorities if you are not sure what is required. For more information on landscape architecture, see http • //Nvww.myfloridalicense.conVdbnr/ pro/larch/, or to learn more about engineering services go to htip: / /www.fbperg/. SITE EVALUATION AND LANDSCAPE DESIGN The long -term value of a landscape depends on how well it performs for its particular objectives. Performance is often directly related to matching a site's characteristics and a client's desires with plant requirements. Therefore, the first step in selecting plants for a landscape is to conduct a site evaluation, which may consist of studying planting site characteristics such as the amount of sun or shade, salt spray exposure, soil type, pH, soil compaction, slope and water drainage. These characteristics will most likely differ between areas on the same property. For example, the area on one side of a structure may have significantly different light conditions than an area on the other side. Construction activities may have produced severe compaction, and non - native soils may have been used as fill in some areas. Such soils may need aerifica- tion or amendment to be suitable for planting. The sec- ond step is to select plants with attributes that match the Figure 4. Narrow strips are difficult to maintain. characteristics of the planting site. The design profes- sional should always provide the owner with a record drawing identifying each plant or bed and the recom- mended irrigation requirements. For more information, see IFAS Circular 536, Basic Principles of Landscape Design, at http://edisdfas.ufl. edu/MG086. FLORIDA FRIENDLY LANDSCAPE DESIGN STANDARDS In 2004, the Florida legislature created section 373.228 Florida Statutes, directing the Department of Environ- mental Protection, the Water Management Districts, and several stakeholder groups to devise standards for Landscape Irrigation and Florida - Friendly landscape design. These standards were adopted in December 2006. Local governments must use these standards when adopting local ordinances after that date. The nine principles of Florida- friendly landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Bo rd 3. Landscaping Best Management Practices (BMP) -- Florid Friendly MP Page 13 of 68 6 1 17:4 These landscape and irrigation design Standards shall be used by local governments when developing landscape irrigation and xeriscape (Florida - Friendly) ordinances, pursuant to section 373.228, F.S. I. Landscape and Xeriscape (Florida- Friendly) Design Standards A. Low impact site design practices, such as preserv- ing existing native trees and vegetation, shall be used if feasible. Where established natural vegeta- tion is incorporated into the landscape design, irrigation of those areas shall not be required. B. The plant palette and irrigation system shall be appropriate for site conditions, taking into account that, in some cases, soil improvement can enhance water use efficiency. C. Plants shall be grouped together by irrigation demand. D. The percentage of landscaped area in irrigated high water use hydrozones should be minimized. Local government ordinances shall address the percentage of irrigated landscaped area that may be included in high water use hydrozones. These high water use limits should not apply to land- scaped areas requiring large amounts of turf for their primary functions, e.g., ballfields and play- grounds. attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida - friendly landscape include planning and design, soil analysis, the use of solid waste compost, practical use of turf, and proper maintenance. This BMP manual for professionals and the Florida Yards and Neighborhoods (FYN) programs for homeowners, homebuilders and developers, and retailers are based on these nine principles, differing only in focusing on the needs of their target audience. All are part of the Florida Friendly Landscapes program, a partnership between the Florida Department of Environmental Protection, the OF -IFAS Environmental Horticulture Department and Center for Landscape Conservation and Ecology, and the five water management districts. PLANT SELECTION Because many of the plants used in Florida vary widely in their adaptation, consideration should be given to choos- ing grasses and other plants that are suited to their partic- ular environment. SELECTING A TURFGRASS FOR A FLORIDA LAWN Selecting the correct grass is critical to maintaining a lawn successfully. Table 1 can help you choose the grass that is best suited to a particular customer, location, and use. To select the right grass, the following questions should be asked: What type of lawn is desired or expected and what level of maintenance can be provided? The level of mainte- nance required is closely related to cost and time, with high- maintenance turf costing the most and taking the most time to maintain. Homeowners should under- stand realistically what their options are and what each entails. • What are the environmental conditions at the planting site? Most importantly, what are the soil type, pH, drainage, and other soil characteristics? Has it been Table 1: Common lawn grass species used in Florida. Some of the species may vary by cultivars for characteristics listed. Environment Bahiogross Bermudagrass Centipedegross Seashore Pospolum St. Augustinegrass Zoysiogross Area Adapted To Statewide Statewide N. Florida and Panhandle (one cultivar adapted to South Florida) Statewide Statewide Statewide Mowing Height 3 " -4" Cultivar Dependent 0.5 " -1.5" 1.5 " -2.0" 0.5 " -2" Cultivar Dependent 1.5 " -4" Cultivar Dependent 0.5 " -2" Soil Acid, sandy Wide range Acid, infertile Wide range Wide range Wide range Leaf Texture Coarse - medium Cultivar Dependent Fine - medium Medium Fine - medium Cultivar Dependent Coarse- medium Cultivar Dependent Fine- medium Salt Tolerance Poor Good Poor Excellent Good Good Shade Tolerance Poor Poor Fair Poor Good Good Wear Tolerance Poor Good- excellent Poor Good-excellent Poor Good- excellent Nematode Tolerance Very good Poor Poor Good Good Good Maintenance Level Low Cultivar Dependent Medium -High Low High Medium Medium -High Establishment Methods Seed, sod Sod, sprigs, plugs, seed Seed, sod, sprigs, plugs Sod, plugs, sprigs, seed Sod, plugs, sprigs Sod, plugs, sprigs, seed Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 14 of 68 16 compacted by construction activity? Does the site con- tain low fertility subsoils brought in for fill? Is the site irrigated? Can it be easily mowed? Is it shaded or in full sun? Will it be shaded in a few years? What is the quality and the expected quantity of the water available for irrigation? What pests are prevalent in the area? Are pest- resistant cultivars available? Reclaimed water may contain high levels of chloride, leading to salt accumu- lation in the soil. When planning or renovating a land- scape, check with the reclaimed water provider regard- ing chloride levels, and if necessary choose plants that are salt - tolerant. SELECTING TREES, SHRUBS, AND GROUND COVERS The plants selected should be suited to the characteristics of the site that were determined during an earlier site analysis. Good landscape design requires that plants serve particular functions. They should reduce cooling and heating costs and improve the appearance or usefulness of the landscape. Plants should be selected and positioned to provide a transition between the structure and the landscape, a screen for privacy, shade for comfort, and wildlife habitat, or to direct traffic flow onto and within the property. Select plants that will not outgrow their allotted space. Even though smaller cultivars of landscape plants may take longer to reach the desirable size, they will not have to be pruned as frequently and are less like- ly to need replacing in a few years. See http: //hort.ifas.ufl.edu /woody /index.html for informa- tion on individual plants. PLANTING PREPARING TO PLANT A LAWN Proper soil preparation before grass planting is critical to ensure the establishment of quality turf. Preparation determines how quickly the lawn becomes established and its long -term maintenance requirements. The general guidelines for preparing to plant a lawn are as follows: • Call 811 before you dig (or 800 - 432 -4770 or www.callsunshine.com)— before installing any and/or all plant material. • Clean and rough grade— remove debris and level the area to make it suitable for mowing. • Install irrigation —if you are including an irrigation system, install it prior to planting. • Soil analysis— determine soil pH and phosphorus and potassium concentrations. Contact your county Cooperative Extension Service for information on how to do this. • Deep tillage —this loosens compacted soil and improves the establishment of turf. Tilling sand is unnecessary. • Weed control —use a nonselective herbicide such as glyphosate to aid in weed control before planting. Several applications may be necessary. • Final grading —a final leveling makes mowing easier and safer. For more information, see Preparing To Plant a Florida Lawn, IFAS Publication ENH -02, at http: / /edis.ifas.ufl. edu/LH012. LANDSCAPE PLANT INSTALLATION Before digging the hole, 1) remove all soil from above the topmost root, and 2) measure the distance between the topmost root and the bottom of the root ball. Dig the hole about 10 percent shallower than this depth and as wide as possible (at least one and a half times the width of the ball and even wider in compacted soils). The root ball should be positioned in the hole shallowly enough so that the finished grade of the backfill soil and land- scape soil is lower than the top of the root ball. In other words, leave the upper portion of the sides of the root ball exposed to the air. Then apply mulch so that it covers the sides of the root ball. Be sure that when you are finished planting, there is NO SOIL, and little or no mulch, over the top of the root ball. Soil (as well as thick mulch layers more than 3 or 4 inches deep) over the root ball can prevent water and air from entering the root ball. When finished planting, you should be able to see the topmost root in the root ball originating from the trunk at the soil surface. In other words, the trunk flare (root flare) should be visible. Soil should be packed firmly between the root ball and existing soil to eliminate air pockets where roots can dry out. Air pockets can be removed when planting large specimens by inserting a running hose between the root ball -soil interface several times until all the soil settles around the root ball. CARE DURING PLANT ESTABLISHMENT Even the healthiest landscape plants installed in the most ideal circumstances may need a substantial amount of time, care, and proper irrigation to become established. During the establishment period, the roots are expanding out into the landscape soil, and the shoots and trunk grow more slowly than they did before transplanting. In most instances, established, drought - tolerant landscape plants have a root system substantial enough to keep them alive with little or no supplemental irrigation. Establishment occurs more rapidly when irrigation is supplied in the correct quantity and frequency. • Soil amendments —add these prior to planting if you need In addition to requiring special attention to irrigation, to improve the soil's physical and chemical properties. during their establishment period trees benefit from FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries `A17� October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Floricilrien�lly BMP Page 15 of 68 17 L I P mulching and may require staking or guying. Pruning and fertilizing may also benefit landscape plants while they are becoming established. For more information, see the following: IFAS Publication ENH 860, Fertilization and Irrigation Needs for Florida Lawns and Landscapes, at http: / /edis.ifas. ufl.edu/EP110. IFAS Publication ENH 857, Irrigating Landscape Plants During Establishment, at http: / /edis.ifas.ufl.edu/EP113. IFAS Circular 853, Pruning Landscape Trees and Shrubs, at http://edis.ifas.ufl.edu/MG087. IFAS tree pruning website, Pruning Shade Trees in the Landscape, at http: //hort.ifas.ufl.edu/woody /pruning[. ENVIRONMENTAL STRESSES ON LAWNS Florida lawn grasses are subjected to many environmen- tal stresses as a result of prolonged exposure to shade, drought, nutrient deficiency, the effects of vehicle and foot traffic, salinity, and occasional cold temperatures. Biotic stresses result from living organisms such as insects, diseases, or nematodes. Environmental stresses can be managed in two ways: 1) choosing the most stress - tolerant species or cultivar for a particular area, and 2) using proper cultural and man- agement practices to alleviate the effects of the stress. Practices that reduce environmental stresses include the following: Moderating nitrogen fertility. Nitrogen encourages the plant to form new tissue and grow. When nitro- gen is applied in excess, more energy reserves are used to form new tissue than can be replaced by pho- tosynthesis, and the grass becomes more vulnerable to stresses. Less reserves are then available for recovery from, or avoidance of other problems. • Mowing at proper heights. Mowing below recom- mended heights removes a large portion of the shoot tissue available for photosynthesis. This leaves the grass less able to support itself or recover from injury. • Irrigating when the grass needs water. Over irrigat- ing leads to the failure of many lawns by increasing fungal problems and limiting the root system to the top few inches of soil. Many environmental stresses lead to increased disease or insect problems, which are often treated chemically without changing the cultural practices that initially caused the problem. Chemical treatment in these cases will not take care of the problem until the cultural fac- tors are handled correctly. SHADE 17 DE CONSIDERATIONS FOR TURF Most landscapes include shaded areas, with shade coming from either trees or buildings. This shade can drastically affect turfgrass growth, depending on the degree and duration of shade. In many landscape settings, grass receives a minimum amount of light for enough of the day to maintain adequate growth, q.Ven if an area is shad- ed for other portions of the day. Inome situations, how- ever, a grassed area may be shaded for most or all of the day, making it difficult for the grass to obtain either an adequate intensity or duration of light for growth. Under shaded conditions, turfgrasses have elongated leaf blades and stems as they attempt to obtain sunlight by outgrowing their neighbors. This reduces their overall health and vigor. Coverage is also reduced, and the bare ground that results is conducive to weed growth. It is generally not advisable to grow turfgrass in heavy shade. Other ground covers or mulch should be used in these sites. For areas receiving moderate amounts of shade, however, certain species and cultivars are able to main- tain suitable growth. Specific management practices also encourage better turfgrass health under shaded conditions. Some species are particularly well suited for use in shad- ed areas. Within these species, certain cultivars some- times maintain considerable advantages when grown in a shaded environment. These species and cultivars include the following: St. Augustinegrass is somewhat better than others for growth in partial shade, although it also performs well in full sunlight. Cultivars that exhibit the most shade toler- ance include `Seville' and `Delmar.' `Floratam,' `Floratine,' and `Floralawn' exhibit somewhat less shade tolerance. Zoysiagrass is another good choice for partially shaded areas. Like St. Augustinegrass, it also does well in full sunlight. Generally, any cultivar of zoysiagrass performs well in partial shade. Bahiagrass is not recommended for use in shaded condi- tions, but centipedegrass tolerates some partial shade. Seashore paspalum and bermudagrass do not do well in shaded situations. The following management practices produce better turf - grass growth in shaded situations: Increase the mowing height for grasses growing in the shade. For instance, if you normally cut St. Augustine - grass at a 3 -inch height, increase the cutting height to 4 inches. This allows for more leaf area to intercept as much available light as possible. In addition, leaf blades are longer and narrower in the shade, and a lower cut- ting height excessively reduces leaf length, which is not good for the grass. Increased mowing height also Department of Environmental Protection — Revised DECEMBER 2008 9 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 16 of 68 1 promotes deeper rooting, which is one of the key mechanisms of stress tolerance for turfgrasses. Reduce fertilizer applications to turf growing in shade. The grass grows more slowly in a shaded envi- ronment, which reduces fertility needs. Too much nitrogen fertilizer depletes carbohydrates and produces a weaker turf system. if you normally apply 4 pounds of nitrogen per 1,000 square feet yearly, apply 2.5 to 3 pounds to turf growing in the shade. Limit any single fertility application to no more than 0.5 pounds of nitrogen per 1,000 square feet at any one time. • Water use is substantially reduced under shaded con- ditions, so adjust irrigation accordingly. If the irriga- tion system covers an area that is partially shaded and partially in sun, consider removing the sprinkler heads from the shaded areas and irrigate by hand when rain- fall is inadequate. • Avoid the effects of vehicle and foot traffic. The grass is more easily injured by traffic if growing in shade, and may not be able to recover adequately. Also, traffic in shady areas may damage a tree's roots, resulting in the decline or death of the tree. 761C I Monitor for weed pressure. Weeds are able to outcom- pete turf in certain situations, and will seek out those opportunities. In a shaded environment, lateral turf - grass growth and ground cover may be sparse, leaving bare ground suitable for certain weeds. Treatment with a pre- or post- emergence herbicide may be necessary. Use caution, however, when applying any chemical treatment to a shaded lawn, as there is a greater chance of phytotoxicity (toxicity to plants) when a grass is under stress. Also, many herbicides can damage land- scape trees and shrubs. • Monitor for disease pressure. In many shaded environ- ments, there is less air movement and more humidity, which may increase the possibility of disease. Again, use caution if applying pesticides to a turf that is already under environmental stress. In particularly troublesome areas, consider other ground covers besides turf. Examples include ivies (Hedera spp.), liriope (Liriope spp.), mondo grass (Ophiopogon spp.), and Asiatic jasmine (Trachelospermum asiaticum). Remember, the key to a successful landscape is "Right Plant, Right Place." FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 17 of 68 1612 A 17 Chapter 3: Irrigation Best Management Practices Using proper irrigation system design, installation, management, and maintenance practices provides a multitude of benefits. These benefits include saving money, using irrigation efficiently, a healthy and more drought and pest- resistant landscape, and protecting the state's water resources. Green Industry workers need to be aware of the different irrigation processes and system components because irrigation is a major factor in the success of their industry. By understanding the irriga- tion system, they can save the company and the client money and help protect ground water supplies and water quality. This section of the document includes background infor- mation and irrigation BMPs for the Green Industry. Some of the BMPs mentioned are not usually considered the responsibility of mowing and trimming services or route based service businesses. However, many Green Industry workers, who may be directly employed by property owners, associations or municipalities, are often responsible for operation and maintenance of an irriga- tion system. For complete BMPs specific to the Irrigation Industry please refer to: • Florida Irrigation Association (www.fisstate.org) • Irrigation Association (www. irrigation. org) • The University of Florida's Institute of Food and Agricultural Sciences (IFAS) (http: / /edis.ifas.ufl.edu/) Irrigation is an age -old art and is defined as the applica- tion of supplemental water to a soil for plant growth. It also provides a mechanism for nutrients to move from the soil into a plant. Other uses include salt leaching, chemi- gation, system flushing, seed germination, and climate modification. On average, Florida receives more than 50 inches of rain per year. However, the distribution and amounts of this rainfall are not always adequate to meet a plant's water demands. Providing the amount of water that a plant needs at the correct time is the key to resource conserva- tion, reduced pollutant loading, and optimum plant growth. This chapter describes irrigation concepts to help explain the fundamentals of good irrigation. The green industry can use this information to assist them in their daily operations and to help their clients to save water, improve plant health and reduce the flushing of fertilizer nutrients from a plant's root zone. In addition, this chapter identi- fies specific irrigation BMPs for the Green Industry. Throughout the chapter, the term "plant" refers to both turf and landscape plants, including trees. PERMITTING AND REGULATIONS Many agencies have jurisdiction over an irrigation project before, during, and after construction. For example, Florida's five water management districts, Florida Department of Health, Florida Department of Environmental Protection, or local governments may require well permits. Typically, for large projects the water management districts issue water use permits, which are usually calculated for drought conditions rather than for normal irrigation. To prevent potential fines, it is important to identify and abide by all regula- tory requirements. Besides water use permits, some water management districts have special year -round water conservation measures and drought/water shortage restrictions that govern the amount and timing of irrigation. It is impor- tant to know the restrictions for a site and to set timers /controllers to those conditions. Since water shortage restrictions change with the severity of a drought, it is important to be aware of and to abide by current restrictions. If a site's irrigation system cannot be adjusted to meet the restrictions, the system should be upgraded as soon as possible, but in the interim, there are methods to obtain variances. These variances need to be obtained in writing, before irrigating. Since 1991, Florida Law has required an operating rain- activated cutoff switch on all automatically controlled irrigation systems. In 2004, the Florida legislature created section 373.228 Florida Statutes directing the Department of Environmental Protection, 373.62 Water conservation; automatic sprinkler systems. Any person who purchases and installs an automatic lawn sprinkler system after May 1, 1991, shall install, and must maintain and operate, a rain sensor device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred. the Water Management Districts, and several stakeholder groups to devise standards for Landscape Irrigation and Florida - Friendly landscape design. These standards were adopted in December 2006. Local governments must use these standards when adopting local ordinances after that date. The irrigation standards are based on Appendix F of the Florida Building code. See the shadow box in the Irrigation Design section for more details. The following permitting and regulatory guidelines should be followed for all irrigation projects: • Contact local and state regulatory agencies (such as the county, city, Florida Department of Environmental Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP� Page 18 of 68 2 Protection, water management districts, and health department) to determine current irrigation regula- tions and criteria. • Obtain all permits before construction. • Abide by all permit conditions and current water restrictions when operating the irrigation system. • Obtain any desired regulatory variances before irrigating. The use of irrigation BMPs promotes proper irrigation system design, construction, and management. This leads to reduced water use, the protection of aquatic resources, better plant development, economic savings to the end user, and efficient fertilizer use. Irrigation knowl- edge and education is a critical part of meeting the intent of the Green Industry's irrigation BMPs. RECLAIMED WATER USE Many urban areas use reclaimed wastewater for their irri- gation water source. While this offers many benefits, it also can lead to landscaping and pollution problems if not properly managed. Nutrient levels in reclaimed water may vary by a factor of 10 or more, depending on the treat- ment plant supplying the water. Contact the supplier to get information on nutrient content. When applying fer- tilizers to a site that irrigates with reclaimed water, con- sider the amount of nutrients in the water, and reduce fertilization appropriately. Reclaimed water may contain high levels of chloride, leading to salt accumulation in the soil. Additional considerations, such as water for flushing salts, may be needed. Nutrient pollution may occur if the user over - irrigates, because both reclaimed water that runs off on the surface, and the water and nutrients that move below the root zone, are lost. Maintenance of a high level of distribution uniformity is critical to prevent leaching of these nutri- ents. Irrigation managers should also pay close attention to all cross - connection controls and backflow prevention devices. All reclaimed water piping, heads, valves, fix- tures, etc. are required by law to be color -coded purple, and labeled "Do not drink this water." As long as field capacity is not exceeded when irrigating, reclaimed water is a safe and reliable irrigation source. IRRIGATION SYSTEM DESIGN Irrigation system design is a complex issue and should be performed by trained professionals. These profession- als should use existing standards and criteria, as well as the manufacturer's recommendations, to design the most appropriate system for a location. In addition to the Landscape Irrigation and Florida - Friendly Design Standards, a list of sources for current standards and criteria can be found at the end of this chapter. Many communities require construction and design docu- ments and permits that require the signature and seal of a registered design professional. Members of the Green Industry should be able to visually identify system design problems to help their clients irrigate more efficiently, save water, reduce the need to add fertilizers or other chemical treatments, and improve plant health and water quality. The irrigation design for a site depends on a number of factors including location, soils, landscape vegetation, water supply, and water quality. An irrigation system needs to be designed to meet a site's peak water require- ments. In addition, to prevent irrigation runoff, a system's application rate must not exceed the ability of the soil to absorb and retain the water applied during any one application. The irrigation system should also have enough flexibility to adapt to various water demands and local restrictions. Design operating pressure must not exceed the source pressure. The design operating pressure should account for low pressure during periods of high use (i.e., morn- ings) and for project buildout when all of a develop- ment's landscaping is in place. Plants should be grouped in irrigation zones based on similar water use require- ments. Irrigation systems designed to service both turf and landscape areas should have enough zones to meet each area's individual water needs. In some regions, the irrigation design should account for the extra water required to periodically leach salt buildups that may accumulate due to high chloride levels in some sources of irrigation water. An irrigation system consists of three main components: water supply (consisting of a water source, pump, fil- ters, and valves), water conveyance (made up of a main- line, manifold, lateral, and spaghetti tubes) and a distri- bution device (such as an impact sprinkler, oscillating sprinkler, rotary sprinkler, spray, or drip emitter). The proper design and installation of these components opti- mizes their use and decreases any off -site impacts. Irrigation design must also account for different site characteristics, such as soils and topography. Hand -moved irrigation systems should have enough flexibility to provide sufficient coverage (see the manufacturer's recommendations) after each move. Microirrigation systems for shrubs and other landscape plants should be designed to cover at least SO percent of the root systems. Microirrigation is rarely used for turf in Florida, and is prohibited in some places, but if used should be designed to cover 100 percent of the grass's root system. To provide for peak water demands and have enough flexibility to reduce supply for different demand require- ments, irrigation systems need to be designed with vari- ous control devices, rain shut -off devices, and backflow FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries 17 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 19 of 68 prevention. Water conveyance systems should be designed with devices to protect against blowouts. The water conveyance pipelines should provide the system with the appropriate pressure required for maximum irri- gation efficiency, uniformity, and the distribution devices should be designed for optimum uniform coverage. In addition, the distribution system should not include the irrigation of non - planted areas (such as driveways, park- ing lots, roads, sidewalks, underneath roof overhangs, and natural buffer zones). To ensure optimum uniformity, permanent irrigation sprinklers, spray jets, and other distribution devices should be spaced according to the manufacturers' recommendations. Typically, this spacing is based on average wind conditions and operating pressures during irrigation. Figure 5. Sprinkler layouts. If site - specific wind conditions are different than pub- lished averages, check with the local IFAS extension office, USDA NRCS or the Florida Irrigation Society for their recommendations. Table 2 is provided as a general guideline. Spacing should not exceed the percentages in 1612N1/" the table below. After the system is constructed and operating, periodic "catch can" uniformity tests should be performed (see the section on Irrigation Maintenance later in this chapter) to ensure that the system is continu- ing to function as designed. Table 2. Irrigation Spacing Wind Square Coverage I Triangular Coverage Miles Per Hour Percentage of Diameter of Coverage 0-5` 55% 60% 5-10 50% 55% 10+ 45% 50% For many locations, the 0 -5 mph wind condition occurs very infrequently and this spacing recommendation should only be used after careful consideration and site investigation. MICROIRRIGATION FOR LANDSCAPE PLANTS When designed and operated correctly, microirrigation, also known as drip or low- volume irrigation, is one of the most efficient methods of irrigation. It is highly manageable and provides small quantities of water directly to the plant's root zone. Low - pressure sprin- klers, sprayers or drippers are also known as emitters, and they slowly release water into the soil around a plant. This saves water because only the main feeder roots receive water, and less water evaporates from the surface of the soil. Typically, with drip irrigation in a sandy soil, water moves laterally only 10 to 12 inches. Drip irrigation is ideal when such precision is desirable or for narrow strip plantings, such as hedgerows. Because of the nature and location of drip irrigation it is difficult to determine if the emitters are providing enough water. Visual inspection of the landscape may identify clogging (dry spots, dead plants, and wilted plants) or excessive watering (soggy soil, weeds, excessive plant growth) problems from a drip irrigation system. Overall, spray jets (either microsprayers or microsprin- klers) are more desirable than drip emitters for most landscape applications. This is because they cover larg- er areas and have fewer clogging problems. Clogging and excess water problems can be seen either by careful examination of the irrigation system or by looking at the landscape. Spray jets should not be designed or operated to irrigate non - planted areas Regardless of the type of microirrigation system, clogging can be a problem if the water supply is not filtered before entering the irrigation system or if the filtration system is not cleaned. The safest and easiest way to maintain the emitters in a microirrigation system is to keep a small supply of clean backups on hand. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 20 of 68 A171 Clogged devices can be easily replaced with clean units, then placed in a small container of the cleaning fluid appropriate for the clogging material. Replacement emitters should always have the same operating charac- teristics (i.e., operating pressure and discharge rate) as the original emitters. For more information, see the following: IFAS Fact Sheet AE -254, Microirrigation in the Landscape, at htLp7//cdis.ifas,ufl.edu/AE0Z6. IFAS Bulletin 333, Flushing Procedures for Microirrigation Systems, at htip://edis,ifas.ufl.edu/WI013. Turf and Landscape Irrigation Best Management Practices, April 2005. The Irrigation Association, at http://www.irrigation.org. From the December 2006 publication Landscape Irrigation and Florida - Friendly Design Standard -: Pursuant to section 373.228, FS, these landscape and irrigation design Standards shall be used by local governments when developing landscape irrigation and xeriscape (Florida- Friendly) ordinances. II. Irrigation System Design Standards A. Irrigation systems shall be designed to meet the needs of the plants in the landscape (not the other way around). B. When feasible, irrigation systems shall be designed to separately serve turf and non -turf areas. 'i C. The irrigation system plans and specifications shall identify the materials to be used and tl -e construction methods. D. The design shall consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other non-vegetated areas, and off -site runoff. E. The system shall be designed to minimize free flow conditions in case of damage or other mechanical failure. F. The system shall be designed to use the lowest quality water feasible. G. Rain switches or other devices, such as soil moisture sensors, to prevent unnecessary irrig(:tion, shall be incorporated. (Section 373.62, F.S.) H. A recommended seasonal operating schedule and average precipitation rates for each irrgation zone for both establish - ment and maintenance conditions shall be provided. I. Control systems shall provide the following minimum capabilities: 1) Ability to be programmed in minutes, by day of week, season and time of day, 2) Ability to accommodate multiple start times and programs, 3) Automatic shut off after adequate rainfall, 4) Ability to maintain time during power outages for a minimum of three days, and 5) Operational flexibility to meet applicable year -round water conservation requirement and temporary water shortage restrictions. J. Recommended maintenance activities and schedules shall be included. K. Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that microirrigation emit- ters may be specified to meet the requirements of individual plants. L. Irrigation systems shall be designed to maximize uniformity, considering factors such as: 1) Emitter types. 2) Head spacing. 3) Sprinkler pattern. 4) Water pressure at the emitter. M. Irrigation systems with main lines larger than two inches or designed to supply more than seventy gallons per minute shall incorporate a means to measure irrigation water use, at a minimum of ninety five percen accuracy across the flow range. N. Irrigation system plans and specifications shall require the system installer to conduct final testing and adjustments to achieve design specifications prior to completion of the system and acceptance by the ow ter or owner's representative. O Irrigation system plans and specifications shall require that the installer provide property c,wners and users with post-con- struction documentation, including as- constructed drawings, recommended maintenance activities and schedules, opera- tional schedule, design precipitation rates, instructions on adjusting the system to apply less water after the landscape is established, maintenance schedule, water source, water shut -off method, and the manufacturer's operational guide for their irrigation controller. To the extent feasible, similar information should be made available for subsequent property transfers. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 21 of 68 1612 A 17 IRRIGATION SYSTEM INSTALLATION Only professionals who are trained, certified, appropriate- ly licensed for irrigation installation by the appropriate agency, bonded, and insured should handle irrigation installation. These individuals must follow the designer's plans and use recognized standards and criteria such as those promulgated by the American Society of Agricultural and Biological Engineers (ASABE, formerly ASAE), Florida Irrigation Society (FIS), Irrigation Association (IA), U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), or the manufac- turer's recommendations. The designer must approve any changes to the design. To prevent system failures, waste, and property damage, construction materials must meet appropriate standards, such as those from ASABE, the American Society of Civil Engineers (ASCE), or the American Society of Testing Materials (ASTM). Plan all construction practices accord- ing to standard safety practices. Before construction, the contractor should identify and flag all underground pipes, cables, and other elements. Call before you dig. Call 811 (or 800 - 432 -4770 or www.callsunshine.com) for free Sunshine State One Call locator service. The contractor should clean the site of any construction materials before the job is complete and at the end of construction, pro- vide the owner with a copy of the as -built plans, operat- ing manuals, recommended operating schedules for both plant establishment and supplemental irrigation of mature plants, and warranties. For new construction, the job should include a follow -up site visit to reset the con- troller, rain shut off device, and soil moisture sensor (if installed) after the landscape is established. IRRIGATION MANAGEMENT Irrigation management (knowing when and how much to irrigate) is the cornerstone of water conservation and reducing nonpoint source pollution. It encompasses the amount of water applied and the frequency of applica- tion. To prevent excess water use that could lead to chemical leaching and runoff, fungal infestation, and disease; irrigation scheduling should take into account plant water requirements, recent rainfall, recent temper- ature extremes, and soil characteristics. In addition, the irrigation system must be properly designed and main- tained, so that all of the plants in a given zone receive the same amount of water. See the Irrigation Maintenance section of this chapter for information about measuring distribution uniformity. Under ideal conditions, the water required for a plant is equal to the water used during plant growth. This water goes to soil evaporation and plant transpiration. Typically, both processes are combined and called evapotranspira- tion (ET). A plant's water requirements (ET) vary with its growth cycle and climatic conditions. The limiting ET factors are the amount of soil moisture to be transpired by the plant, solar energy reaching the plant (affected by latitude, season, cloud cover, and shade), the temperature and relative humidity of the air, and wind speed. If a soil is at field capacity, 100° canopy coverage is present to absorb radiation, and other factors are equal, the amount of water transpired varies little between plant types. Plant irrigation requirements will differ based on a plants ability to extract soil moisture (i.e., root zone depth) and its physiological ability to deal with reduced availability of moisture. Plants require more water during seed, flower, and fruf production, but will not require very much when theyiare dormant. During the colder months, or those with shorter periods of daylight, most turfgrasses and landscape plants are not actively growing, thus use less soil moisture and may not require irrigation. Many established, drought - tolerant landscape trees and shrubs require little or no irrigation, provided the soils do not obstruct root development. Plants such as azaleas, copperleaf, impatiens, or other bedding plants that lack drought tolerance may require irrigation during extended drought periods. In humid regions such as Florida, irrigation is considered supplemental because it supplements natural rainfall. Proper irrigation management must account for rainfall. Since rainfall varies from location to location, the proper use of rain gauges, rain shut -off devices, flow meters, soil mois- ture sensors, and/or other irrigation management devices should be incorporated into the site's irrigation schedule. Using an irrigation schedule can help prevent wasteful over - irrigation, the leaching of fertilizers/pesticides, and promote root development for drought conditions. No more than 1/2 to 3/4 inch of water should be applied for a single irrigation event. The exact amount of irrigation needed for each event will depend on a plants needs for growth, fruiting, dormancy for that time of year and soil characteristics (soil moisture, infiltration rates, soil root zone depth and water holding capacities). In addition, water management districts and local requirements should be considered before irrigating. A properly working, installed and calibrated rain shutoff device prevents the irrigation system from turning on if adequate rainfall has occurred. Rain shutoff devices are required by law on all automatic irrigation systems built after 1991. Irrigation management and control devices need to be installed correctly for proper irrigation management. Rain shut -off devices and rain gauges should be placed in open areas to prevent erroneous readings. Flow meters should have a straight enough run of pipe both down- stream and upstream to prevent turbulence and bad readings. Soil moisture sensors and other irrigation management tools should be installed in representative locations and be maintained to help make good irrigation Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 22 of 68 management decisions. When mechanical/electronic devices are not available for irrigation management, the following visual indicators should be used as guidelines to determine the need for irrigation: • The grass has a dull, bluish -gray coloring. • Foot tracks remain in the grass. • Leaf blades are folded in half on at least one -third of the site. • Soil samples from the root zone are dry and crumbly. • Indicator landscape plants (such as impatiens and azal- eas) have drooping leaves. There are several ways to prevent excess irrigation. Visual observations of runoff or puddles are simple indi- cations. A system's timer /clock/controller can be adjusted to meet a plant's seasonal water requirements. Flow meters can be used to determine how much water is applied and when to turn off the irrigation system. Rain gauges, cans, or other containers can be used to measure how much water has been applied. Rain shutoff devices, which, as mentioned earlier, are already required by law on all automatic systems installed since 1991, can save up to 30% or more over a timer -only system. However, many systems that should have sensors do not, either because they were not installed as required or because they have failed or been removed. Those who are responsible for overseeing an irrigation system should check the operation of the rain shutoff device at least once per year, and replace the unit if it is not operating correct- ly. Other workers who may notice a system irrigating shortly after a good rain event should attempt to notify their client of a possible problem with the rain shut off device so they can have it repaired. One of the most effective and efficient methods of irrigation control is the use of properly installed and maintained soil moisture sensors with a specialized controller. There are two basic types of systems, direct control, where soil moisture sensors actually call for irrigation; and bypass control, where regularly scheduled irrigations are bypassed if sufficient moisture is present. Direct control systems are more expensive and require considerable management expertise, such as may be present at a golf course. Bypass systems are much less expensive and easier to install. Most bypass systems work with the existing controller. Although soil moisture levels are the preferred method to determine irrigation quantities, in the absence of soil data, calculated ET methods may be used. Current calculated potential evapotranspiration (ETp) rates are available at http: / /fawn.ifas.ufl.edu. This site also includes a landscape irrigation scheduling tool and rainfall data. Rainfall can make up some or all of the ET, especially during the cooler months. Total rainfall is not the same as effective rainfall. Florida soils generally have low water holding capacity, so a two -inch rain may have little more effect on reducing landscape irrigation than a typical irri- gation event in any given month. An alternative irrigation scheduling method often used by homeowners and on some commercial landscapes is to assume that on average 1 inch of water wets the top 12 inches of a sandy soil. Typically most roots grow in the top 6 -12 inches of soil, and 12 to 3/4 inch is needed for replenishment of moisture every 2 to 3 days during warm periods of active growth, and every 10 to 14 days during less active growth periods. This water can come from rainfall or be provided by the irrigation system. Again, soil characteristics (infiltration rates and water holding capacities) water management districts and local require- ments should be considered before irrigating. Another method of irrigation scheduling and timer or controller adjustments for sites without specific informa- tion is to use the weekly ET values in Figure 6 as a general guideline. The graph divides the state into north- ern and southern regions roughly around Interstate 1 -4. Figure 6. Approximate weekly evapotranspiration (It: 1). Although irrigation management is a complex process, it can be boiled down to a simple checkbook (or water balance) process, where the irrigation amount consists of the difference between a plant's need for water and the effective rainfall (rainfall stored in a plant's root zone, for plant use). When possible, the timing of an irrigation event should be planned to increase irrigation efficiency, by reducing evaporative losses due to climatic conditions (for example, high temperature, low humidity, windy con- ditions) and by maintaining high irrigation uniformity. Several irrigation management techniques help to improve a plant's health and reduce water use. Delayed irrigation and deficit irrigation promote root development and provide a level of drought tolerance. Delayed irriga- FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 23 of 68 1612 A17 tion promotes deeper root development by postponing irrigation until wilt is observed. Deficit irrigation calls for managing irrigation quantities so that there is always soil storage to take advantage of any possible rainfall. When leaching salts, which is necessary in some soils due to poor water quality, always wait until the nutrient level in the soil is depleted to avoid leaching of fertilizer nutri- ents with the salt. For more information, see the following: IFAS Publication ENH 158, Tips for Maintaining Landscapes During Drought, at http: / /edis.ifas.ufl.edu/EP091. IFAS Circular 807, Managing Your Florida Lawn Under Drought Conditions, at http: / /edis.ifas.ufl.edu/EP078. Field Guide to Soil Moisture Sensor Use in Florida, at httii:// www. sirwmd .com/floridawaterstar/Ddfs/SMS field guide.pdf. IRRIGATION SYSTEM MAINTENANCE Proper maintenance extends the life of an irrigation system and helps it to perform optimally. Maintenance begins with a visual observation of the system and the plants. Check for proper functioning of rain sensors and controllers, leaks, broken/cracked lines, proper rotation, and damaged sprinkler heads. Also, check for obstacles that may interfere with irrigation uniformity. Brown spots, unnaturally green grass, certain types of weeds, and soggy spots are indicators of problems. Many types of business- es do not have control over the irrigation system, nor the expertise or contractual duty to address irrigation issues, but every effort should be made to inform the client when problems are noted and to explain the importance of proper operation and prompt repairs. Damaged or defective systems should be repaired as soon as possible. Replacement parts should always have the same characteristics (that is, discharge - pressure rela- tionship, jet size/colors) as the original components. Otherwise, the replacement might cause more harm than the bad component. Evaluating a system's uniformity and efficiency (an irriga- tion audit) reduces water use and fertilizer /pesticide leach- ing. There are many procedures (such as NRCS, IFAS, ASABE, IA, and FIS) for irrigation system evaluation, all of which can be traced to a process published by Miriam and Keller. By following any of these methods, you can ensure that a system is operating at optimum levels. Common irrigation efficiency problems include leaks, sprinkler head plugging, poor irrigation uniformity caused by nozzle wear, and poor system pressure. Some problems (such as repairing leaks and replacing nozzles) can be repaired at a minimal cost, while others (such as poor sys- tem design) might, at first glance, be very costly, but will pay off in the end. Problems need to be corrected as soon as possible to prevent wasted water and the leaching of fertilizers and other chemicals. In the long term, the investment made to improve the irrigation system pays off in reduced fertilizer, chemical and water bills. Distribution Uniformity is a measurement of how evenly water is distributed over a given area, and should be con- sidered when managing irrigation. This measurement is an indication of the system's hydraulic performance and can be used to identify deep percolation. Typically distri- bution uniformity is identified with the infiltration of the lowest 25% (low quarter) of irrigated area and can be determined by a "catch can" test. Baby -food jars, tuna cans, or other straight -sided containers are evenly placed around sprinklers. The system is turned on for a fixed amount of time, and the water collected in each container is measured and recorded. The Distribution Uniformity, which is a percentage, is cal- culated by dividing the average depth of water collected in the lowest 25% of containers with the average depth of water in all the containers. This is multiplied by 100 to convert the value into a percentage. The Irrigation Association has published a range and rating of distribu- tion uniformities for different irrigation methods. Recent work in Florida indicates that most landscape irrigation systems are below these published values. Higher uniformities occur when spacing is adequate and sprinkler nozzles are matched. Poor application unifor- mity leads to localized over irrigation or under irrigation, brown spots in the grass, fertilizer or pesticide leaching or runoff, and the waste of irrigation water. Many of these problems can be solved and the site's owner can Table 1 Irrigation Association Distribution Uniformities Rating of Lower Quarter Distribution Uniformity (DULQ) for Sprinkler Zones Type of Zone Excellent Very Good Good Fair Poor M M M M M Fixed Spray 75 65 55 50 40 Rotor 80 70 65 60 50 Impact 80 70 65 60 65 Predicting and Estimating Landscape Water Use. The Irrigation Association, Oct. 2001. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 24 of 68 , reduce water costs. Distribution uniformity is not a measurement of irrigation efficiency. For more informa- tion, see IFAS Publication AE 144, Turf Irrigation for the Home, at htip://edis,ifas.ufl.edu/AE144. For micro irrigation systems, Emission Uniformity is used instead of Distribution Uniformity to determine the uniformity of irrigation. Emission Uniformity is calculat- ed by comparing the volume of water from the emitters to the statistical differences in the total volume. An Emission Uniformity of 90% or higher is considered excellent. For more information, see IFAS Publication AE094, Field Evaluation of Microirrigation Water Application Uniformity, at http• / /edis.ifas.ufl.edu/AE094. Water Application Efficiency is a component of irrigation system efficiency and indicates how well a system is providing water to the plant's root system. Irrigation Application Efficiency is another form of irrigation system efficiency and it compares the amount of water delivered to an area by the amount of water beneficially used. To help with irrigation efficiency, water management dis- tricts or other local agencies may provide mobile irriga- tion lab (MIL) services. MIL staff will evaluate an irriga- tion system and make recommendations to improve sys- tem efficiency and help with irrigation scheduling. Contact your local water management district for more information about these services in your area. Irrigation requirements represent the amount of water an irrigation system needs to apply to meet a plant's water needs. This quantity is a function of the plant's water requirements, soil moisture, and the system's efficiency. For more information, see IFAS Publication AE110, Efficiencies of Florida Agricultural Irrigation Systems, at http://edis.ifas.ufl.edu/AEI 10. IRRIGATION SYSTEM ERRORS The following figures depict some examples of improper irrigation system design or installation. Figure 7. Poor design; sprinkler does not match area. Figure 8. Poor design; system does not match irrigation requirements. The area needs to be rezoned with landscape and turf separated. Figure 9. Overirrigation, runoff. Small turf area should be irrigated with spray heads, not sprinklers. Figure 10. Object is interfering with spray pattern, resulting in poor distribution uniformity SOURCES FOR IRRIGATION STANDARDS The following publications contain current irrigation standards: • Landscape Irrigation and Florida- Friendly Design Standards, December 2006, Florida Department of Environmental Protection. http; / /wwwdep.state.fl.us/ water /wateroolicv/ does /LandscanelrrieationFlorida FriendlyDesign.pdf. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 25 of 68 Figure 1 1. Water gushing from broken head. ASABE Standards -2007. Standards, engineering practices, and data developed and adopted by the American Society of Agricultural and Biological Engineers. 2007. American Society of Agricultural and Biological Engineers, 2950 Niles Rd., St. Joseph, MO 49085. Telephone (269) 429 -0300. http: / /www.asabe. org/5tandards/searchpur.htm . • Florida Building Code — Plumbing, Appendix F. International Code Council 900 Montclair Rd. Birmingham AL, 35213 -1206 (205) 599 -9871 hU://www.floridabuilding.orgLBCISOld/bc/default.as p or http: //www.iccsafe.org. • National Engineering Handbook Series 210 -VI. November 1997. U.S. Department of Agriculture, Natural Resources Conservation Service, Washington D.C., 20013. lltp•/ /directives sc eg-ov usda gov /. • Standards and Specifications for Turf and Landscape Irrigation Systems, Fifth Edition. December 2005. Florida Irrigation Society, (800) 441 -5341, Address: 9340 56th Street N. Suite 105, Temple Terrace, FL 33617 , Florida. htW://www.fisstate.org!5tandardsrevision3.pd f. • Turf and Landscape Irrigation Best Management Practices, April 2005. The Irrigation Association. (703) 536 -7080, 6540 Arlington Blvd., Falls Church, VA 22042 -6638 http:/ /www irriga tion. org. 1612 A17'' GREEN INDUSTRY IRRIGATION BMPS The principal BMPs for all of the Green Industry include: Call before you dig. Call 811 for Free Sunshine State One Call locator service. When possible, the application of fertilizers, herbi- cides, or other chemicals that needed to be watered, should coincide with an irrigation event. Proper cultural practices (such as mowing) to promote healthy, deep root development and reduce irrigation requirements. Account for the nutrients in reclaimed water when making fertilizer calculations. Knowing the nitrate lev- els in reclaimed water can reduce your fertilizer pur- chases. The application of 1 inch of reclaimed water containing 20 ppm nitrate - Nitrogen adds about 4.5 pounds of nitrogen per acre (lb. N /acre) to the soil. If you irrigate 40 inches per year, that works out to a little over 4 lb. per 1,000 square feet. Repair any irrigation devices broken while servicing a site. Replacement parts should have the same charac- teristics as the original components. • Visually observe site problems associated with irriga- tion (i.e., wet, dry spots, excessive weeds in specific location) or system components (leaks, broken equip- ment) and report problems to the client. • When leaching salts, which is necessary in some soils due to poor water quality, always wait until the nutri- ent level in the soil is depleted to avoid leaching of fertilizer nutrients with the salt. Additional BMPs for those with ownership /management responsibility: Group plants by similar water requirements (i.e., Hydrozones) Irrigation controllers /timers should be reset seasonally to account for plant growth requirements and local cli- matic conditions. Properly calibrated Flow meters, soil moisture sensors rain shut -off devices, and /or other automated meth- ods should be used to manage irrigation. Irrigation rates should not exceed the maximum ability of the soil to absorb and hold the water applied in any one application. Implement a preventive maintenance program to replace worn components before they cause water, fertilizer and chemical waste. Perform weekly (or at each site visit) visual inspections to identify leaks, broken rain sensors or sprinkler heads, and other system malfunctions. Replace or repair all broken or worn components before the next scheduled irrigation, Distribution uniformity should be checked annually. Department of Environmental Protection — Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 26 of 68 Chapter 4: Mulching, Mowing, and Pruning LANDSCAPE MULCHES Mulch is any material applied to the soil surface to pro- tect or improve the area covered. Mulches are frequently applied around plants to modify the soil environment and enhance plant growth. They may consist of organic mate- rial such as bark, wood chips, leaves, pine needles, or grass clippings; or they can be inorganic material such as gravel, pebbles, polyethylene film, or woven ground cloth. Mulch can be applied to the soil surface but should not rest against the stems of landscape plants. BENEFITS OF MULCHING Mulching has the following beneficial effects on the soil and plants: • Mulches can prevent the loss of water from the soil by evaporation. Moisture moves by capillary action to the surface and evaporates if the soil is not covered by a mulch. • Mulches suppress weeds when the mulch material itself is weed -free and applied deeply enough (2 to 3 inches after settling) to prevent weed germination or to smother existing small weeds. Figure 12. Mulch, not gross, should be used here. Figure 13. Never build volcanoes. This crown will rot and the roots are smothered. • Most mulches prevent crusting of the soil surface, thus improving absorption and percolation of water into the soil and, at the same time, reducing erosion. • Organic materials used as a mulch can improve soil structure and tilth. As mulch decays, the material becomes topsoil. Decaying mulch may also add nutri- ents to the soil. • Mulches add to the beauty of the landscape by provid- ing a cover of uniform color and an interesting surface texture. • Mulched plants produce roots in and directly under the mulch that surrounds them. The plants produce these roots in addition to the roots in the soil. As a result, mulched plants have more roots than plants that are not mulched. For more information, see IFAS Publication ENH 103, Mulches for the Landscape, at http: / /edis ifas.ufLedu/MG251. MULL NING BMPS When feasible, use m 1ches made from environmen- tally friendly sources or recycled materials. -------- _ ------ ___ - -- Do not pile mulch agc!,nst a tree or around the bases of shrubs. Burying the crowns can lead to crown and • A more uniform soil temperature can be maintained by root rot. Leave a clear space for air to reach the trunk. mulching. The mulch acts as an insulator that keeps the soil cool under intense sunlight and warm during Maintain a 2 " -3" dep ii of mulch after settling. cold weather. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 27 of 68 1612 7 MOWING THE FLORIDA LAWN Mowing is an important maintenance operation. Mowing at the correct height increases turf density and root health and suppresses weeds. A dense turf impedes stormwater runoff. A healthy root system ensures that water and nutrients are absorbed and not wasted. Fewer weeds mean less need for herbicides. Clippings contain nutrients and should be recycled on the lawn. The nutrients in clippings are pollutants when they end up in stormwater systems and waterbodies. Figure 14. This is BAD! Never direct clippings into the street where they can enter the storm drain system. Growth rates and mowing height have the most influence on mowing frequency. As a rule of thumb, mowing should be done often enough so that no more than one -third of the leaf blade is removed at any one mowing. For exam- ple, if a St. Augustinegrass lawn is mowed at a height of 3 inches, it should be mowed when it grows to a height of 4 to 4.5 inches. Following this practice minimizes the effect of mowing on photosynthesis and helps to maintain the high percentage of leaf surface necessary for healthy root development. Research shows that returning grass clip- pings to the surface, sometimes referred to as grass recy- cling, does not increase thatch buildup on turf. Clippings have significant nutrient value and decompose rapidly, returning some fertilizer and organic matter to the soil. Figure 15. Always remove clippings from impervious surfaces. These nutrients are going straight to a water body. Mowing equipment and string trimmers can damage trees. Tree trunks that are bumped by mowers, or trees that are used as pivot points for turns, are injured via contact. Mechanical damage to trees can cause progres- sively bigger wounds, since the trees are hit in the same general area repeatedly over time. The damage eventually progresses through the phloem, cambium, and xylem of the tree. In a worst -case scenario, the tree is girdled and dies. Those trees not killed are stressed and the wounds end up as an entry point for disease and insect infesta- tion. The whipping action of the nylon string on a trim- mer can debark a young tree quickly, causing its demise. The careful use of string trimmers and mowers in the landscape is imperative, and there is no reason to use them around trees. Replacing the grass around the base of trees with mulch provides a buffer zone. The larger the mulched area, the less the turf near the tree is stressed by shade, the more room the lawn mower has to maneuver with ease, and the less the string trimmer needs to be used. Mulch also confers other benefits, such as reduced competition from weeds and water conservation. The growth habit and leaf width of a turfgrass species determines the optimum cutting height, frequency, and preferred mower type (Table 4). A grass that spreads ;bl , 4 Suggested mowing heights and mower types for Florida home lawns Turfgrass Species Optimal Mowing Height (inches) Mowing Frequency (days) Preferred Mower Type Bahiagrass 3.0 -4.0 7 -17 Rotary /flail Bermudagrass 0.5 -1.5 3 -5 Reel Centipeclegrass 1.0 -2.0 10 -14 Rotary Seashore Pospalum 1.0 -2.0 5 -10 Rotary /reel St. Augustinegrass "Dwarfs— 3.0 -4.0 1.5 -2.5 5 -14 5 -14 Rotary Rotary Zoysiagrass 1.0 -3.0 10-14 Reel Dwarf varieties of St. Augustinegrass ('Seville; 'Jade; 'Palmetto,' 'Delmar') are the only cultivars of this species that should be mowed at less than 3 inches. Department of Environmental Protection - Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 28 of 68 16,1 Adjust the cutting height by setting the mower on a driveway or sidewalk and using a ruler to measure the distance betwee the ground and the blade. Do not mow wet turf because it can promote disease and fungus, and clippings can clog the n )chine. Mow only when the turf is dry. Sharpen the mower blade frequently enough to prevent a ragged appearance to the turf. Mow in a different direction every time the lawn is cut. This prevents wear patterns, reduces th,: grain (grass laying over in the same direction), and reduces the possibility of scalping. +_Use the highest acceptable mowing height for the grasses being grown. • Do not remove more than one -third of the foliage at one time. • Do not direct clippings into bodies of water or onto impervious surfaces. Remove any clipping that are blown onto sidewalks, driveways, and other impervious areas. Do not remove clippings. If clumping occurs, distribute the clippings by re-mowing or by lightl;. raking. You can also use a leaf blower to distribute clippings. Clean the mower after use to reduce rusting and weed seed movement. Practice grass recycling and return nutrients to the soil. If you must collect clippings, compost them. Use the compost as a soil modifier or mulch. • Avoid mechanical damage to trees and shrubs from string trimmers, mowers, and other equip: tent.. horizontally can usually be mowed shorter than an upright - growing, bunching grass. Grasses with narrow blades can generally be mowed closer than grasses with wide blades. Bermudagrass is mowed at very low heights because of its numerous narrow leaf blades and low growth habit. On the other hand, bahiagrass needs to be mowed higher because of its open, upright growth habit. Turfgrass undergoes physiological stress with each mow- ing, particularly if too much leaf tissue is removed. The effects of this "scalping" can produce long -term damage to the turf and leave it susceptible to numerous other stresses, such as insects, disease, drought, and sunscald. It is always important to leave as much leaf surface as possible for photosynthesis to provide food for regrowth. For mowing safety, be sure to follow these tips: • Pick up all stones, sticks, and other debris before mow- ing to avoid damaging the mower or injuring someone with flying objects. • Never fill a hot mower with gasoline. • Always wear heavy leather shoes when mowing the lawn. • Check your mower every time it is used. Follow the manufacturer's recommendations for service and adjustments. PRUNING OF LANDSCAPE PLANTS Pruning is another important landscape maintenance task. Through the selective removal of shoots and branches, pruning a plant can improve its health, reduce the risk of failure, control growth, and enhance fruiting, flowering or appearance. Pruning should be a part of routine maintenance and should not be delayed until the landscape is overgrown. However, close attention should be paid to proper timing, depending on the needs of various plants. Proper plant selection can eliminate many pruning requirements, especially for shrubs. Trees should not be pruned without a clearly defined objective. Objectives can include 1) reducing the risk of failure by improving structure and removing dead branches, 2) raising or reducing the crown to provide clearance, and 3) thinning the crown to increase air and light penetration. Removing the correct stems and branches to accomplish the specified objectives is as important as making the correct pruning cuts. If the wrong branches, or too many branches, are removed even with proper pruning cuts, nothing of merit has been accomplished. For more information, see the following: IFAS Circular 853, Pruning Landscape Trees and Shrubs, at http: / /edis.ifas.ufl.edu/MG087 or Pruning Shade Trees in the Landscape, at http://hort.ifas.ufl.edu/wood / mining/. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 29 of 68 1612A17 MANGROVES Three species of mangroves are native to Florida: red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), and white mangrove (Laguncularia racemosa). Red mangroves are easily identified by their "prop roots," which are tangled, reddish, aerial roots that originate from the trunk and branches. Their leaves are 1 to 5 inch- es long, broad and blunt on the tip, shiny deep green on top, and paler on the underside. Black mangroves can be identified by numerous fingerlike projections, called pneumatophores, that protrude from the soil around the tree's trunk. Black mangrove leaves are oblong, shiny green on top, and very pale on the underside. Black mangroves are usually found at slightly higher elevations, upland from red mangroves. White mangroves have no visible aerial root system, as do red and black mangroves. The easiest way to identify white mangroves is by their leaves. These are up to 3 inches long, elliptical (rounded at both ends, often with a notch at the tip), and yellowish in color, with two distin- guishing glands at the base of each leaf blade where the stem begins. White mangroves are usually found at high- er elevations and farther upland than either red or black mangroves. The 1996 Mangrove Trimming and Preservation Act, Sections 403.9321- 403.9333, Florida Statutes, governs the trimming and alteration of mangroves. The Florida Department of Environmental Protection (FDEP) and several delegated local governments implement the mangrove program. Mangrove trimming and alteration The mangrove preservation act's major provisions include the following: The difference between "trimming" and "alteration" of mangroves is defined. Mangroves may not be reduced to a height below 6 feet from the substrate and often may not be legally trimmed down to 6 feet. Mangrove roots, including aerial and prop roots (red mangroves) and pneumatophores (black mangroves), may not be trimmed. Under certain conditions, a professional mangrove trimmer must conduct or supervise the trimming. Dead mangrove trees are covered by the same regu- lations as living mangrove trees; contact the closest Florida Department of Environmental Protection office for specific information on dealing with dead man - grove trees on your client's property. iii y. may be done by property owners under certain exemp- tions, as specified in Section 403.9326, Florida Statutes. Other trimming requires the services of a professional mangrove trimmer and may require an FDEP permit. Section 403.9329, Florida Statutes, governs who may be considered a professional mangrove trimmer. It is especially important that Green Industry profession- als understand that, under the act, homeowners and the individuals they hire to trim their mangroves are jointly and severally responsible for the appropriate trimming of mangroves. All trimming should be done in a manner that does not result in the removal, defoliation, or death of the mangroves. Red mangroves are particularly sensitive to inappropriate trimming. In general, the canopy of red mangroves should not be trimmed, and no more than 25 percent of the canopy of black and white mangroves should be removed. Preferably, views should be obtained by thinning the canopy, creating "windows," and "uplift- ing," compared with hedging (which can be particularly damaging to red mangroves). • The booklet Mangrove Trimming Guidelines for Homeowners is available at FDEP's district offices throughout the state. You may wish to obtain several copies to give your clients. Before trimming man- groves, homeowners and landscapers should read the publications cited in this section, or call the Environmental Resource Permitting staff at FDEP's district offices to avoid violating the mangrove preservation act. For more information about the mangrove program, call (850) 245 -8482 or go to http : / /www.del2.state.fl.us/water/ wetlands /mangroves /. DISPOSING OF LANDSCAPE MATERIAL Never sweep grass clippings, leaves, or other debris into a storm sewer. This pollutes our waterbodies and may, in some cases, clog the system and contribute to flooding. Be careful with yard waste! Careless disposal may spread invasive non - native plants to areas where they don't belong. Lawn and landscape maintenance involves the removal of leaves, clippings, whole landscape plants, and even unwanted houseplants. Given contact with soil and sufficient water, these materials may become established at the disposal site. Dispose of them carefully, so plants that are unwanted in one location don't unintentionally become established elsewhere. Contact your county waste management utility or Cooperative Extension Service agent for information about local disposal sites in your area that are designated for plant waste. Educate your customers about proper plant disposal and how it enhances the protection of natural areas. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division j3oars 3. Landscaping Best Management Practices (BMP) -- Florida FriendIAB6 Z� Page 30 of 68 j. Figure 16. Illegal dumping of plant material. Sometimes landscape waste materials are disposed of in accessible locations on someone else's property, either public or private. Illegal dumping has allowed several species to become established in natural areas. Wax begonia, pothos, heavenly bamboo, ardisia, golden bam- boo, and arrowhead vine are among the species that have moved into wild areas through this mechanism. This spread of non - native species into protected sites is threatening the plant and animal species those sites were purchased to conserve. Awareness of how a species is likely to become estab- lished is important. A plant's relative ease of propagation may provide valuable insight into its potential to spread. Pruned material from a species that is quickly propagated from cuttings, such as wedelia or lantana, may take root without appropriate precautions. The timing of mainte- nance activities can reduce the potential for discarded plants to become established where they shouldn't. Depending on the situation and local ordinances, several options are available to dispose of plant material. Living plant tissue can be destroyed on -site through burning, composting in bins, or putting it in or under heavy plastic. Material may also be dumped in designated disposal areas. The following tips can reduce the accidental propagation of non - native species: • Plants can be pruned before the fruit is mature, and leaf raking can be done before the seeds of surrounding plants have dropped. • Whenever practical, and if the homeowner is amenable, yard wastes should be composted on -site and retained for use as mulch. This also avoids transportation and disposal costs and reduces the need for purchased materials. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 31 of 68 16 12 Ail Chapter FERTILIZER TERMS "Fertilizer" means any substance that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Fertilizer grade or analysis" is the percent nitrogen, phosphorus, and potassium guaranteed by the manufac- turer to be in the fertilizer. For historical reasons, nitro- gen is expressed as Total N, available phosphate as P205, and soluble potash as K20. The percent sign is not used, but instead the numbers are separated by dashes, and the order is always N, P205, and K20 (for example, 15- 0 -15). In this chapter, the abbreviations N, P, and K, respectively, are used for nitrogen, phosphate, and potash. Many fertilizer terms are officially defined by the Association of American Plant Food Control Officials (AAPFCO), http: / /www.aapfco.org[. FERTILIZER ANALYSIS The Florida fertilizer label is detailed and intended to be highly informative. By law, the product's label is required to provide the following basic information: the brand and grade, manufacturer's name and address, guaranteed analysis, sources from which the guaranteed primary and secondary nutrients are derived, and net weight. In addition to the grade of the fertilizer, the label also identifies the breakdown of Total N as either Nitrate -N, Ammoniacal -N, Water Soluble or Urea -N, and Water Insoluble -N. This N breakdown supplies information on the immediate availability and/or leachability of the N in the bag. Slow- or controlled - release fertilizer is defined by the Association of American Plant Food Control Officials (AAPFCO) as a fertilizer containing a plant nutrient in a form that delays its availability for plant uptake and use after application, or that extends its availability to the plant significantly longer than a reference "rapidly avail- able nutrient fertilizer" such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride. Such delay of initial availability or extended time of con- tinued availability may occur by a variety of mechanisms. These include the controlled water solubility of the mate- rial (by semipermeable coatings, occlusion, or the inher- ent water insolubility of polymers, natural nitrogenous organics, protein materials, or other chemical forms); by the slow hydrolysis of water - soluble, low molecular weight compounds; or by other unknown means. In most cases, the higher the Water Insoluble -N percent- age in the mix, the longer lasting the fertilizer. This is the portion where most of the N from natural organic and slow- release N sources appears. A fertilizer that contains all of its N as Nitrate -N, Ammoniacal -N, and/or Water Soluble N is referred to as a soluble N fertilizer, which has a high potential for leaching and should not be applied at rates greater than 0.5 lbs. N /1000 square feet. A fertilizer label also contains a "derived from" section that identifies the materials from which the fertilizer was formulated. For more information, see IFAS Circular CIR -1262, Selected Fertilizers Used in Turfgrass Fertilization, at httT)://edis.ifas.ufl.edu/SS318. Secondary and micronutrients are identified in the lower portion of the label and are expressed in the elemental form. Sulfur (S) is expressed as "combined" (usually expressed as S0) and as "free" (elemental S form). The reason for this distinction is that "free" S is very acidify- ing when placed in the soil. Magnesium (Mg), Iron (Fe), Copper (Cu), Manganese (Mn), and Zinc (Zn) must be expressed as Total and/or Soluble or Water Soluble depending on the source materials formulated in the fer- tilizer. Chelated elements are guaranteed separately when a chelating agent is denoted in the derivation statement below the guaranteed analysis. For additional informa- tion, see IFAS Publication SL -3, The Florida Fertilizer Label, at h)tp:/ /edis.ifas.ufl.edu /SS170. URBAN TURF FERTILIZER RULE In 2007, the Florida Department of Agriculture and Consumer Services adopted rule 5E- 1.003(2), labeling requirements for urban turf fertilizers. The complete rule, as first adopted in 2007, is presented in the Appendix. The rule limits the amount of nitrogen and phosphorus that the manufacturer may recommend for application on urban turf and lawns in Florida. It also directs the manu- facturer to recommend the use of BMPs for professional applicators and golf course or athletic field managers. While this rule only applies to the manufacturer's label for fertilizer, many local government ordinances, and future state requirements, may require that applicators abide by the recommendations on the label. In addition, weed and feed products are legally pesticides. For pesticide — fertilizer combination products the label recommendation carries the full force of state and federal law. TURF FERTILIZATION MANAGEMENT One of the first steps in developing a trfgrass fertiliza- tion management program involves a basic knowledge of the soils on which the turfgrasses are being grown. This knowledge can be acquired by observing and evaluating the soil's physical and chemical properties. Most Florida Department of Environmental Protection - Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelican Say Services Division Board 3. Landscaping Best Management Practices (BMP) -- Floi da Friendly BMP Page 32 of 68 12 A17 Figure 17. Streaking on a lawn caused by poor application technique. soils are sands and therefore retain limited quantities of water and nutrients. Individuals with only limited train- ing in soils can discern whether a soil is mostly sand or predominately clay, and whether the soil contains flakes of free calcium carbonate or shell. These properties may significantly affect a turfgrass fertilization management program. Chemical properties such as soil pH, lime requirement, extractable levels of P, K, calcium (Ca), Mg, and selected micronutrients such as Mn, Cu, and Zn can be determined through soil testing. Florida soils are not analyzed for N because it is highly mobile in sandy soils. Since reliable correlations between turfgrass growth and soil test N have not been developed, turfgrass N fertilization is based on the requirements of the individual turfgrass being grown. Additional information on soil testing for trfgrasses can be found later in this chapter or in IFAS Publication SL 181, Soil Testing and Interpretation for Florida Turfgrasses, at http:Hedis.ifas.ufl.edu /SS317. NITROGEN MANAGEMENT Fertilizer Sources Matching the fertilizer source and rate with the growth phase of the turfgrass is one of the keys to nutrient man- agement. For example, you may shift from 1 lb total N of 15 -0 -15 slow release to a 1/2 lb N of 5 -0 -20 for a fall fer- tilization as dormancy approaches. Leaching losses of nitrogen can be minimized by using controlled - release nitrogen sources, making frequent, low -rate applications of soluble fertilizers, or applying a combination of the two fertilizer materials. Low -rate applications are usually made using soluble fertilizers, whether applied as a liq- uid or granular product. Quick Release Sources One of the most common nitrogen fertilizers is urea (46 percent N), which is a water - soluble, synthetic organic nitrogen fertilizer with quick N- release characteristics. Urea can be applied as either liquid or granules, and is subject to volatilization, or loss of nitrogen to the atmos- phere. If urea is applied to a turfgrass surface and not incorporated through proper irrigation, significant quan- tities of N can be lost through volatilization. Therefore, it is imperative that the proper quantity of water be applied following the application of urea fertilizer, unless rainfall is anticipated within 8 to 12 hours. Recall that one inch of applied water moves the water front 12 inches through a Florida sandy soil; therefore, do not apply excessive irri- gation. Application of 1/4 inch of water should be suffi- cient to solubilize most of the urea and move it into the turfgrass root zone. If urea is applied and followed by rainfall of an inch or greater within 8 to 12 hours after application, urea -N may move below the turfgrass root zone because of its non- ionic nature and be lost through leaching. Although urea does not leach as rapidly or uniformly as nitrate -N signif- icant loss of N can occur if excessive irrigation or rainfall occurs shortly after application. Once the urea has been exposed to soil or turfgrass thatch layer for a short time, it is converted by the enzyme urease to the ammonium -N form, which is more likely to be retained by the soil. This conversion of urea is usually complete within the first 24 hours after application. Thus, a heavy rainfall 2 to 3 days after an application of urea should not be as influential on N movement. Figure 18. Weigh fertilizer to get accurate results. Recently some new types of stabilized N fertilizer materi- als have been commercialized. These products contain urease inhibitors, which slow the conversion of urea to ammonium and reduce the volatilization loss of N. Therefore, these products can be left on the surface longer without significant loss of N through volatiliza- tion. This delay in urea conversion is usually 3 to 5 days, which means that the N remains in the urea form for a longer period of time and subjects the urea to leaching losses if heavy rainfall occurs during this period. In most FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources 6y the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 33 of 68 cases, these stabilized N materials also contain nitrifica- tion inhibitors, which slow the nitrification process as well. Recent research suggests that these stabilized N materials extend the N availability to turfgrass for 10 to 14 days over that of quick release products. Recent research has shown that some slow- release N materials may leach more urea than applications of quick release urea. This is thought to be due to the slow - release urea product leaching through the soil without being degraded by urease. Small quantities of urea (less than 10% of the total released N) have been detected in the leachate from some slow - release N sources during the first 7 to 10 days after application. However, by 14 days after application no urea was detected in the leachate regardless of the N source applied; only nitrate N remained after this period. Ammonium Nitrate (AN) and Ammonium Sulfate (AS) are two other soluble, quick- release N sources commonly used by professional lawn -care services. These two mate- rials are not as high in N as urea. AN (33.5 percent N) and AS (21 percent N), however, have a higher salt index and burn potential than urea on a per - pound -of -N basis. AS is also a very acidifying N source. For each pound of N applied as AS, 5.35 pounds of acidity are produced due to the ammonium -ion content. AS is often the pre- ferred N source on high pH soils due to its acidifying properties. Urea and AN are often formulated as liquid N sources for application in solution form through the irrigation sys- tem (fertigation) or direct application. Lawn -care profes- sionals often use solution fertilizers because of applica- tion uniformity and efficiency. Solution fertilizers do not leach more readily than similar granular fertilizers once they have reacted with the soil components. Slow Release Sources There are many sources of slow release nitrogen. Several of the definitions provided by AAPFCO are listed below. Slow or controlled release fertilizer is a fertilizer containing a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant signifi- cantly longer than a reference "rapidly available nutri- ent fertilizer" such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride. Such delay of initial availability or extended time of contin- ued availability may occur by a variety of mechanisms. These include controlled water solubility of the mate- rial (by semi - permeable coatings, occlusion, or by inherent water insolubility of polymers, natural nitrogenous organics, protein materials, or other chemical forms), by slow hydrolysis of water soluble low molecular weight compounds, or by other unknown means. ( AAPFCO, Official 1985) 161 m A 7 Enhanced E ff icienc y is a term descn fertier prod- ucts with characteristics that allow increased plant uptake and reduce the potential of nutrient losses to the environment such as gaseous losses, leaching or runoff, as compared to an appropriate reference prod- uct. ( AAPFCO, Official 2008) Ureaform Fertilizer Materials (sparingly soluble) are reaction products of urea and formaldehyde which contain at least thirty -five percent (35 %) nitrogen, largely in insoluble but slowly available form. The water insoluble content shall be at least sixty percent (60 %) of the total nitrogen. The water insoluble nitro- gen in these products shall have an activity index of not less than forty percent (40 %) when determined by the appropriate AOAC International method. (AAPF- CO, Official 1984) Urea - Formaldehyde Products (sparingly soluble) are reaction products of urea and formaldehyde which con- tain less than thirty -five percent (35 %) nitrogen, largely in insoluble but slowly available form. They shall have the percentage of total nitrogen as part of the product name; for example: 20% N Urea - Formaldehyde. The water insoluble nitrogen (AOAC Int. Method 945.01) shall be at least sixty percent (60 %) of the total nitro- gen. The activity index of the water insoluble nitrogen shall be either (1) not less than forty percent (40 %) by the AOAC International method for Urea - formaldehyde Products ( #955.05) or (2) not less than fifty percent (50 %) by the AOAC International alkaline perman- ganate method (#920.07) or eighty percent (80 %) by the neutral permanganate method( #920.06). (AAPF- CO, Official 1984) Isobutylidene Diurea(IBDU) is a condensation product of isobutyraldehyde and urea having a minimum total nitrogen content of thirty percent (30 %). It is a source of slowly available nitrogen by virtue of particle size, solubility decreasing with increase in particle size. Material conforming to the description of a "granular fertilizer" will have ninety percent (90 %) of its nitrogen content in the water insoluble form prior to grinding as tested by AOAC International Method 945.01 (15th Edition). ( AAPFCO, Official 1986) • Sulfur Coated Urea (SCU) is a coated slow release fertilizer consisting of urea particles coated with sulfur. The product is usually further coated with a sealant (2% to 3% of total weight) and a conditioner (2% to 3% of total weight). It typically contains about thirty percent (30 %) to forty percent (40 %) nitrogen and about ten percent (10 %) to thirty percent (30 %) sulfur. ( AAPFCO, Official 1980) • Urea - Formaldehyde Products (water soluble) are reac- tion products of urea and formaldehyde which contain at least thirty percent (30 %) nitrogen, largely in water Department of Environmental Protection m Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Flol, ida Friendly BMP Page 34 of 68 soluble form. Some slowly available nitrogen products are present. Stable aqueous solutions may be prepared from these materials. The reaction products shall con- tain a maximum of fifty -five percent (55%) free urea, with the remainder of the urea being chemically com- bined as methylolureas, methylolurea ethers, and/or methylenediurea (MDU) and dimethylenetriurea (DMTU). (AAPFCO, Official 1984) Methylenediurea (MDU) is a water soluble condensation product resulting from the reaction of one molecule of formaldehyde with two molecules of urea, with the elimination of one molecule of water. It has a mini- mum total nitrogen content of forty-two percent (42 %) and is a source of slowly available nitrogen. (AAPFCO, Official 1984) Dimethylenetriurea (DMTU) is a water soluble conden- sation product resulting from the reaction of two mole- cules of formaldehyde with three molecules of urea, with the elimination of two molecules of water, and having a minimum total nitrogen content of forty -one percent (41 %). It is a source of slowly available nitro- gen. (AAPFCO, Official 1984) • Dicyandiamide (cyanoguanidine) is a water soluble organic compound of formula CzHgNq which contains at least sixty-five percent (65 %) nitrogen. It is a source of slowly available nitrogen. It is a nitrification inhibitor.( AAPFCO, Official 2000) • Polymer Coated Urea (PCU) is a coated slow release fer- tilizer consisting of urea particles coated with a poly- mer (plastic) resin. It typically contains about forty percent (40 %) nitrogen. It is a source of slowly avail- able nitrogen. (AAPFCO, Official 1990) • Triazone is a water soluble compound of formula C5HttN502 [5 -(N- methyl)- urea - 1,3,5 - triazin -2 -one or 5- methyleneureido -2- oxohexahydro -s- triazin] which contains at least forty percent (40%) total nitrogen. (AAPFCO, Official 1989) • Urea - Triazone Solution is a stable solution resulting from controlled reaction in aqueous medium of urea, formaldehyde, and ammonia which contains at least twenty -five percent (25 %) total nitrogen. The solution shall contain no more than forty percent (40 %) nor less than five percent (5 %) of total nitrogen from unreacted urea and not less than forty percent (40 %) from tria- zone. All other nitrogen shall be derived from water soluble, dissolved reaction products of the above reac- tants. It is a source of slowly available nitrogen. (AAPFCO, Official 1990) Figure 19. Slow or quick release, this fertilizer is going to a water body. Keep fertilizer away from impervious surfaces and water bodies. by methylene ( -CH2 -) linkages. It is chiefly composed of cold -water soluble fractions from methylenediurea (MDU) and dimethylenetriurea (DMTU), hot water soluble fractions from trimethylenetetraurea (TMTU) and tetramethylenepentaurea (TMPU) and hot -water insoluble fractions from longer chain oligomers. It is generally free of methylolureas and methyol ethers. It is a source of slowly available nitrogen. (AAPFCO, Official 2001) Urea is often formulated using a chemical reaction or coating to produce fertilizers with slow - release character- istics, such as ureaformaldehyde (UF or Nitroform), isobutylidene diurea (IBDU), and sulfur- or polymer -coat- ed urea. These fertilizers depend on microbial action, soil moisture, and/or a chemical reaction for the release of N for use by turfgrass. It is important to know when to use a given slow - release N source in order to obtain maxi- mum effectiveness from the material. This is due to envi- ronmental influences on the N- release mechanisms of slow- release N sources. • Methylene Urea(s) (MU, polymethylene urea(s)) is a The N- release mechanism for methylene urea —type product obtained by the reaction of urea with formalde- products (Ureaformaldehyde, UF, Nitroform, Nutralene, hyde and contains oligomers of urea bonded together Methex, or CoRon) is microbial. Because temperature FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 35 of 68 influences the activity of the soil microbial population, these materials release N more slowly and are less effec- tive during the cool season. Particle size and rate of hydrolysis control the N release from IBDU; thus, this product should not be used during periods of heavy rainfall. However, it is one of the more effective materials in the cool season when precipitation levels decrease. N release from sulfur - coated urea (SCU) products is con- trolled by the coating thickness and the degree of imper- fection in the coating. SCU products typically induce a somewhat mottled appearance when used during the cool season, but are generally very effective during the high - rainfall, warm -season growth period. Because of the frag- ile nature of the sulfur coating on most SCU materials, they should not be applied using a drop -type spreader. Other products include polymer- coated, controlled - release fertilizers that use a polymer coating to encapsu- late nutrient granules. A polymer membrane is chemically bonded to the substrate resulting in a fertilizer with release governed largely by soil temperature, provided adequate moisture is present. The release mechanism is osmotic diffusion. Some systems consist of multiple layers of polymer, and may include other intermediate coatings. Product longevity may be controlled by coating thickness and blending ratios. Organic fertilizers are another source of nitrogen that is slowly made available through microbial degradation. In this case, the release rates depend on nature of the product and the prior treatment that it has received as well as temperature and moisture. Organic fertilizers, including biosolids from wastewater treatment plants, generally have low N:P205 ratios, which means that it is difficult or impossible to meet the nitrogen needs of the turf without exceeding the annual maximum allowable P205, unless other nitrogen sources are added. Some manufacturers do blend in other N sources to overcome this and provide a more balanced product that preserves the benefits of nutrient recycling. 1612 ''.17 In conclusion, a wide variety of slow - release materials is available. Under typical Florida conditions, slow- release N sources are likely to leach less than an equal amount of soluble N sources. However, leaching can still take place and some slow - release products may be subject to runoff of the nutrient - containing slow release particles. Judicious use of professional judgment and a mixture of soluble and slow - release N sources are recommended. For more information on N sources for lawn fertilization, see IFAS Publication CIR -1262, Selected Fertilizers Used in Turfgrass Fertilization, at http: / /edis.ifas.ufl.edu/SS318, or Publication SP141, Florida Lawn Handbook: An Environmental Approach to Care and Maintenance of Your Lawn, Second Edition. Nitrogen Rate and Frequency The rate of nutrient application, particularly N, depends on a number of factors: turfgrass species, turfgrass maintenance level goals, the location in the state where the turfgrass is being grown, time of year, and type of fertilizer source being used (soluble or slow release). Thus, a single rate of application cannot be recommended. The frequency of fertilization also depends on all the factors listed above for N rate. To limit the environmental impact of your fertilization program, it is recommended that no more than 0.5 pounds of water - soluble N per 1,000 square feet be applied in a normal application. Total N should be limited to 1 lb. /1000 ft2, per the Urban Turf Rule. Table 5 is from the Florida Fertilizer Rule, 5E- 1.003(2). In areas irrigated with reclaimed water, check with the reclaimed water supplier for estimates of the N applied per year in the reclaimed water, and recommendations to adjust the fertilization. A study for the Tampa Bay Estuary program (April 2008) estimated 0.6 to 5.3 lb N /1000ft2 was applied annually to lawns from several different wastewater treatment systems. For a detailed fertilization guide for Florida turfgrasses, see IFAS Publication SL -21, General Recommendations for Fertilization of Turfgrasses on Florida Soils, at http://edis.ifas.ufl.edu/LHO14. Table 5: Fertilization guidelines for established turfgrass lawns in three regions of Florida Nitrogen recommendations (lbs N / 1000 ft2 / year)" Species North Central South Bahia 2 -3 2 -4 2 -4 Bermuda 3 -5 4 -6 5 -7 Centipede 1 -2 2 -3 2 -3 St. Augustine 2 -4 2 -5 4 -6 Zoysia 3 -5 3 -6 4 -6 r,ncluthe North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to Tampa, South Florida des remaining southern portion of the state. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 36 of 68 16 1 a Timing and Season The timing of fertilization is tied to the turfgrass species, maintenance level goal, season of the year, the location in the state where the turfgrass is being grown, and the fer- tilizer source being used. One of the most important prin- ciples of fertilization timing is avoiding fertilizer applica- tion to dormant or non - growing turfgrass. During dor- mancy, turfgrasses take up very small quantities of nutri- ents, and applied nutrients are more likely to leach or run off site in the next thunderstorm. Slow- release sources also influence the timing of fertilization, in that fertiliza- tion is required less frequently. Rainfall that exceeds the ability of the soil to retain mois- ture in the root zone may lead to runoff into surface waters or leaching through the soil to ground water. Do not apply fertilizer when the National Weather Service has issued a flood, tropical storm, or hurricane watch or warning, or if heavy rains' are likely. While only about 3 to 5% of Florida rain events exceed two inches,2 cau- tion should always be used to avoid runoff or leaching from saturated or compacted soils or in other high -risk situations. Additional information on storms and weather may be found at http:/ /severe.worldweather.org/rain/, httl2://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks Watches Warnings pdf, and http: //wwwdep,state.fl.us/ water /nonpoint/docs /nonpoint/SW TreatmentReportFinal 71907.pdf. Location in the State Based on seasonal differences, changes in soil types, and the predominant turfgrass species used on lawns, the state is divided into three regions: south, central, and north. The dividing line between north and central Florida is a straight east -west line from coast to coast through Ocala, and the dividing line between central Florida and south Florida is a line from coast to coast through Tampa and Vero Beach. For tables providing fertilization guidelines for the vari- ous turfgrass species by maintenance level in a given region of the state, see IFAS Publication SL -21, General Recommendations for Fertilization of Turfgrasses on Florida Soils, at http: / /edis.ifas.ufl.edu/LHO14. Soil Types and Turfgrass Species Most of the soils in Florida are classified as sands (96 per- cent), but within these soil types the chemical properties of the soils vary according to the region of the state in which they occur. Soils in south Florida tend to contain higher levels of free calcium carbonate (lime or shell) and have a higher pH than the rest of the state. Generally speaking, St. Augustinegrass grows better on high pH soils than do bahiagrass or centipedegrass; thus, one finds more lawns with St. Augustinegrass in south Florida. In fact, approxi- mately 85 percent of the residential and commercial lawns in Florida use one of the several cultivars of St. Augustinegrass. For the recommended soil pH for the various turfgrasses used in Florida, see IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses, at htip://edis.itas.ufl.edu/SS317. Due to the potential for ammonia volatilization, the sur- face application of ammonium -N and/or urea - containing fertilizers to these high pH soils without watering in (with 0.25 inch of irrigation) is not recommended. Central Florida soils contain less calcium carbonate and tend to be more acidic, with a pH of between 5.5 and 7.5. Except for areas where limestone outcroppings occur, most of the turfgrass species can be grown. Since bahia- grass and centipedegrass do not grow well on high pH soils, their establishment on soils with a pH of greater than 7.0 should be avoided. Soils in north Florida tend to contain higher quantities of clay and to be more acidic than soils in the rest of the state. Therefore, bahiagrass and centipedegrass are used more commonly for lawns in this part of the state. Zoysiagrass is not used extensively as a lawn grass in Florida, but when used it grows best under the same soil and fertilization conditions as St. Augustinegrass. Bermudagrasses require high maintenance and specialized equipment, but can be grown under a broad array of soil conditions. They are typically grown under intensively managed golf course conditions. Bermudagrass mainte- nance is not covered in this manual but is included in Best Management Practices for Enhancement of Environmental Quality on Florida Golf Courses, published by FDEP in 2007. Available: http• //www.del2.state.fl.us/WaterLnon point /docs/nonpoinL/glfbmp07.12df. Seashore paspalum produces a high quality turfgrass with minimal fertility requirements and a high tolerance for salinity. This is a relatively new grass in Florida and may be very sensitive to cultural practices. For up -to -date information, contact your cooperative extension service or see Seashore Paspalum for Florida Lawns at: hip• / /edis.ifas.ufl.edu/ EP059. PHOSPHORUS FERTILIZATION Because P has been implicated as a cause of increased algae growth in surface water impoundments, proper P fertilization management is imperative. Therefore, the goal in P management should be to apply the correct amount based on soil test recommendations. Since the first publication of this manual, the Urban Turf Fertilizer Rule, 5E- 1.003(2) has been enacted. In addition to the World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a 24 hour period. 2 Data from "Evaluation of Current Stormwater Design Criteria within the State of Florida" (Harper and Baker, 2007, FDEP Contract S0108). FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 37 of 68 nitrogen restrictions discussed earlier, there are changes to phosphorus application limits. The rule limits phos- phate application to no more than 0.25 lb. P205 /I000ft2 per application, not to exceed 0.5 lb. P205 /1000ft2 per year, without a soil test. A one -time only application of up to 1.0 lb. P205 /1000ft2 is permitted for establishment of new turf. This BMP manual strongly recommends soil testing before any initial P205 application and annually if applications are being made based on previous testing. Where subdivisions have been determined to have rela- tively similar soils, this may be reduced to testing 1/2 to 1/3 of the customers each year, rotating the testing so all are tested every 2 or 3 years. For more information, see IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses, at http: / /edis.ifas.ufl.edu/SS317. Turfgrasses use significantly less P than N and/or K. Some Florida soils are high in native P, and turfgrasses grown on these soils require only limited P fertilization or none at all. Soil or tissue testing should always be used in these situations. Responses to P fertilization are most typically observed for rooting enhancement during estab- lishment and where soils have a P deficiency. The off -site transport of P is often associated with soil erosion from unvegetated and thin turfgrass areas. Research shows that runoff from a healthy turfgrass area is minimal, but thin and/or poor quality turfgrass has much a higher erosion and runoff potential. Because P can be a significant contributor to eutrophication, the proper management of P on turfgrass is just as important to the environment as N management. Another source of P is in reclaimed water. Turf irrigated with reclaimed water may receive an excess of P, compared to the maximum amounts recommended in the Urban Turf Rule. Do not add phosphorus to a site irrigated with re- claimed water without a soil test recommendation to do so. By using the following simple measures, you can properly manage the P fertilization of your turfgrasses: • P fertilization should always be based on reliable soil or tissue test recommendations. Many Florida soils are high in extractable P and may never require P fertiliza- tion for optimum turfgrass growth. Never exceed the amounts allowed by the Florida Fertilizer Label with- out a soil or tissue test recommendation. • Since unvegetated slopes or thin, low - quality turfgrass areas are more likely to produce runoff and off -site P contamination than healthy, well - maintained turfgrass areas, it is important to properly maintain your turfgrass. POTASSIUM FERTILIZATION Of the three primary nutrients (N, P, and K), K is second only to N in utilization by turfgrasses. Large responses in turfgrass growth are not typically observed in response to 1612 A17 K fertilization, but K has been linked to reduced disease incidence, drought and cold tolerance, and enhanced root growth. The K fertilization rate is often tied to the N fer- tilization level, generally in a 3:1, 2:1, or 1:1 ratio. Recent research on Bermudagrasses suggests that opti- mum growth and tissue K levels can be attained at a 3:1 or 2:1 ratio. Ideally, turfgrass K fertilization should be based on soil test recommendations. Because of high mobility in sandy soils, K fertilization should be made as soon after soil testing as possible. However, K is often applied without a prior soil test, based on the requirements of the turfgrass. Fortunately, K is not considered a pollutant, but prudence in K fertilization is essential for economic and resource conservation reasons. Excessive K fertilization can con- tribute to high soil electroconductivity (EC) levels that may limit root growth and turfgrass tolerance to drought. SECONDARY NUTRIENT FERTILI? nT—)r,J Ca, Mg, and S are referred to as secondary plant nutrients, not because they are of secondary importance, but because they are'typically used in smaller quantities than the pri- mary nutrients. Of these three, the Extension Soil Testing Laboratory (ESTL) makes recommendations only for Mg. Mehlich -1 extractable Mg levels are typically low, and responses have been observed when the soil Mg status drops below 40 pounds per acre. For more information, see IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses,at http: / /edis.ifas.ufl.edu/SS317. Due to the presence of apatite and/or residuals from pre- vious P fertilizations, the Mehlich -1 extractant may dis- solve higher levels of Ca than are plant available; there- fore, no interpretation is made for the extracted soil Ca. Generally, plant - available Ca levels of Florida soils are high and no responses to applied Ca have been observed. You may increase Ca levels by applying irrigation water containing high levels of Ca. Consistent and reliable correlation data do not exist for soil test S levels and turfgrass growth; thus, the ESTL does not analyze or make recommendations for S. Fortunately, S is often an accompanying anion in N, K, Mg, and micronutrient sources and is not often deficient for turfgrass growth. MICRONUTRIENTS The ESTL analyzes and makes recommendations for Cu, Mn, and Zn. Of these three micronutrients, turfgrass responses have only been observed for Mn. In most Florida soils, extractable Cu and Zn levels are adequate for optimum turfgrass growth, except for Cu on organic soils under sod production. No analysis or recommendation is made for Fe in Florida soils due to limited information on the correlation between soil and tissue levels, and turfgrass growth response. A greening in response to the application of Fe and/or Mn will most Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelicar Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Flc ida Friendly BMP Page 38 of 68 likely be obtained on trfgrasses grown on soils having a pH of 7.0 or greater or irrigated with alkaline water. The application of 2 ounces of iron sulfate per 1,000 square feet as a foliar spray usually produces the desired response. This response is generally short - lived, however, and reapplication may be required. For additional information, see IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses,at http://edis.ifas,ufl.edu/SS317. FERTILIZING GRASS FOR ESTABLISHMENT OR RECOVERY Establishment and recovery are special situations. The goal is to get the environmental benefits of a solid cover of turfgrass as quickly as possible and this may require fertil- ization above what established turf requires. N and K are used to promote a thick, vigorous stand of turf. Use P only when a soil test indicates there is a need. The BMP for retaining nutrients on the lawn is a dense stand of turf. The following measures can be used to fertilize grass for establishment or recovery: • New sod should not be fertilized with nitrogen for the first 30 days, until it has firmly rooted into soil. Plugs can be fertilized at the time of installation to encourage the runners to spread. A quick, complete ground cover is the ultimate goal. • Newly seeded areas should not receive nitrogen fertil- ization until a cover has been established and roots have pegged down, usually about 30 days. • For new turf establishment only, soil test results may indicate a one time application of up to 1 lb. P205 /1000ft2 is needed to encourage root growth. This should not be applied until 30 days after planting. • Newly established turf often requires a different fertility schedule to grow and develop a dense stand. Both rates and timing may be different. • Weakened turf may be stimulated back to health by N fertilization. • N rates should be adjusted to meet the needs of the turf. • Soluble fertilizer may be necessary to provide a rapid response on weakened turf. • Lower total rates of soluble fertilizer can produce desired turf improvement when applied frequently. • Fe and Mn can be used to supplement lower rates of soluble fertilizer. Micronutrients provide an initial color response, while soluble N thickens the turf and improves root development. 1612 �k i Slow- release fertilizer may be an advantage when nutri- ents cannot be applied as frequently. There is no significant difference between liquid or dry applications. Turfgrasses take up N in the form of nitrate and ammonium, and all dry fertilizers have to be dissolved by water before they benefit the turf. In terms of BMPs for environmental protection, the proper application of fertil- izer is more important than the type of product. UNTREATED BUFFERS NEAR BODIES OF WATER Except when adjacent to a protective seawall, always leave a "Ring of Responsibility" around or along the shoreline of canals, lakes, or waterways, so that you do not get fertilizer into a body of water. When fertilizing, it is important to ensure that fertilizers and other lawn chemicals do not come into direct contact with the water or with any structure bordering the water or a storm drain such as a sidewalk, brick border, driveway, or street. If any materials do get onto these impervious surfaces, sweep them into the vegetated landscape or otherwise clean them up. t,__ � Leave a "Ring of Re ponsibility" to prevent pollution. Also note the swale and berm. This untreated buffer protects the water quality of the waterway by ensuring no prills or droplets enter the water. When applying liquid fertilizers, the Ring of Responsibility should be at least 3 feet from the edge of the water. The same is true for applying granular fertilizers with a broadcast fertilizer spreader that features a deflector shield. A deflector shield only allows fertilizer to be dis- tributed on one side. This half - circle application (instead of the typical full - circle application of most fertilizer spreaders) allows for a more accurate fertilizer application. If you are broadcasting fertilizer without a deflector shield, the Ring of Responsibility should extend at least 10 feet from the edge of the water, since the prills may be thrown up to 7 feet. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 39 of 68 Figure 2 1. Spreaders with deflector shields. The "Ring of Responsibility," is a preventative buffer, which protects against accidental direct contamination when fertilizing, and is the responsibility of the applica- tor. Some communities may require larger treatment buffers, which are intended to absorb pollutants from stormwater flowing across the land. Land development codes in these communities require developers and builders to leave native vegetation or other riparian buffers or filter strips to protect the water from the broad- er effects of upland development. These areas usually do not require fertilization, or need it only during an initial establishment period. The applicator should understand and respect the nature of these areas. IMPERVIOUS SURFACES Most urban landscapes are surrounded by impervious surfaces such as sidewalks, driveway and streets. An Figure 22. Fertilizer on sidewalks runs off into storm drains. Sweep it into the grass. 10 12 A17 impervious surface that drains to a water body or the stormwater system is called a Directly Connected Impervious Area (DCIA). Fertilizer inadvertently applied on these surfaces has ready access to our water resources through storm drains. This is why it is so important to keep fertilizer off impervious surfaces and to remove any that is spilled on them and deposit it back into the landscape. If using a broadcast spreader, deflector shields should always be used when applying fertilizer adjacent to these surfaces. FERTIGATION Fertigation is the application of liquid fertilizer thorough irrigation systems. While fertigation is not widely practiced in residential or commercial lawn and landscape care, some systems are available. For effective nutrient management to be achieved, a fertigation system should be designed, installed, and maintained by a qualified irrigation specialist. Proper and legal backflow prevention devices must be used so that fertilizer does not back - siphon into the water supply. Apply minimum quantities of fertilizer. Due to the hazards of direct deposition on streets, driveways, and sidewalks; and potential over - application by misadjusted irrigation systems; FDEP does not recommend use of fertigation for residential use unless the entire system is under an operation and maintenance contract with a reputable contractor who is fully responsible for any pollution due to improper operation of the fertigation equipment or the associated irrigation system. FERTILIZING LANDSCAPE PLANTS WHY FERTILIZE? Clearly, plants grow in the wild without any help from humans. However, our modern urban landscape is not the same as the one where our native plants evolved. Subdivisions filled with subsoils, forests cut down, and drainage modifications all combine to make an urban landscape a very different environment. In addition, we have learned that some plants respond to fertilizers in ways that we may consider desirable, such as faster growth or improved appearance. The value of these out- comes is subjective. For example, faster growth may be desired in one circumstance but may lead to unwanted pruning in another. Improved appearance is important to some and unimportant to others. Thus, the reason for fertilizing plants should be to supply nutrients to achieve a clearly defined objective, such as the following: • Increasing shoot growth, root growth, flowering, or fruiting; • Establishing newly planted trees and shrubs; Department of Environmental Protection — Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 40 of 68 16 �. K • Enhancing foliage color and plant appearance; • Correcting or preventing nutrient deficiencies. RECOMMENDATIONS AND BASIC PRINCIPLES FOR FERTILIZING LANDSCAPE PLANTS The recommendations in this section do not pertain to products containing insecticides, herbicides, or other pesticides. By law, such products are considered pesticides. For -hire applicators must be licensed and the label instructions must be followed (see Chapter 6 on pest control for more information). Important recommendations and principles for fertilizing landscape plants are as follows: • Prior to fertilizing, a soil and/or foliar nutrient analysis should be used to determine whether any need exists for phosphorus fertilizer. WHEN TO FERTILIZE Fertilization MAY be justified in the following situations: • If trees and shrubs are newly planted (thus justifying fertilization until established); • If homeowners or clients desire more or faster growth; • If landscape beds have been leached of nutrients by flooding or overirrigation; • If trees and shrubs are NOT near fertilized turfgrass; • If established plants are lacking in foliage color or density for the homeowners' or clients' purposes; • If plants exhibiting nutrient deficiencies are in situations where they cannot be replaced with better- adapted species. • Before fertilizing, pests may need to be controlled Fertilization may NOT be required in the following and/or soil modified to improve nutrient uptake or situations: plant responses to fertilizer. • If homeowners or clients are pleased with the appear- • Plants with pests or other problems that could increase ance of their landscape plants; to damaging levels with fertilization should be fertilized only in conjunction with a treatment program. Without • If plants are established; a treatment program, fertilizer may increase the severity of the damage. • If plants are flowering or fruiting, since exposure to high nitrogen at this stage may impede development; • Soil pH should be considered when selecting a fertilizer. • The amount of fertilizer applied should be the minimal amount needed to achieve the defined objective. • Read and follow all label instructions and safety precautions. • For tees, unless nutrient deficiencies exist. If landscape plants exhibit nutrient deficiency symptoms, they may not be suited to the site due to soil pH, soil drainage, soil salts, limited soil volume, irrigation water quality, or mineral content of the soil. Consider replacing such plants with others adapted to the site's conditions. • The types and rate of fertilizer should be specified, HOW MUCH TO FERTILIZE aswell as the timing, method, and location of applica- tion. Slow- release fertilizers are often preferred. High General Recommendations levels of nitrogen fertilizer may reduce flowering in When it has been determined that fertilization is neces- some plants. sary, most established landscape plants should be fertil- ized at rates within the ranges shown in Table 6. Table 6: Landscape plant nitrogen fertilization rates. Level of Maintenance Amount of Nitrogen Fertilizer pounds N /1000 ft2 /year per 3' diameter plant /yr" Oz." Tablespoons — Basic 0 -2 0 -2 0 -4 Moderate 2-4 2-4 4-9- High 4 -6 4 -6 9 -13 Typical, assumes 15% N 50% slow release, Approx 7 sq. ft. root zone. " 1 lb. N rate is about 1.5 oz. or 3 Tablespoons per 10 h2 per application. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources 6y the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 41 of 68 A 17 The P content of the fertilizer should be zero unless a soil or tissue test indicates a need for additional phosphorus. Historically, the ratio of N to K for landscape plants has been in the range of 1:1 to 2:1. Since magnesium (Mg) deficiency occurs in certain landscape plants in many parts of the state, up to 2.5 pounds Mg/1000 ftz /year may be applied to address this problem. Micronutrients can be applied at specified rates and timing to achieve fertiliza- tion objectives. In general, slow release fertilizers are horticulturally and environmentally preferable for landscape plantings. Water - soluble fertilizers should be applied at a rate of no more than 0.5 pounds N /1000 ft2 per application. The maximum application rates for controlled - release fertilizers depend on the percent that is water soluble and the release rates of the product. Never broadcast fertilizers on newly bedded plants. Apply the appropriate amounts to the individual plant within the area under the plant canopy, which usually indicates the major root area. For additional information on landscape plants grown in soil, see IFAS Publication SL -141, IFAS Standardized Fertilization Recommendations for Environmental Horticulture Crops, at http: / /edis.ifas.ufl.edu/CNO11. Palms Palms have different nutritional requirements than most other landscape plants. In Florida's rock, muck, and sandy soils, palms may be especially prone to K, Mg, Mn, Fe, and B deficiencies. If you suspect deficiencies in a palm tree, take a leaf to your Cooperative Extension Service agent for assistance. In general, fertilizers or sup- plements should be applied to supply N, P, K, and Mg at about an 8:2:12:4 ratio. The N, K and Mg should be in a slow - release form. In addition, 1 to 2 percent Fe and Mn, and trace amounts of Zn, Cu, and B, may be needed. For more information on palms and palm deficiencies, see Fertilization of Field -grown and Landscape Palms in Florida, htip: / /edis.ifas.ufl.edu/EP261 or Nutrient Deficiencies of Landscape and Field -grown Palms in Florida, http: / /edis.ifas.ufl.edu/EP273. WHERE AND HOW TO FERTILIZE Fertilizer should be broadcast uniformly over the desired areas of the landscape. Root location, fertiliza- tion objectives, and plant species should be considered. Areas where tree or shrub fertilization zones overlap with lawn fertilization zones should receive one, not two, fertilizations. Start with the lowest recom- mended rate and slowly increase to amount up to the maximum recommendation only if the plant requires it. Foliar applications, injections, or implants should only be used when the soil application of fertilizer is imprac- tical or ineffective in achieving fertilization objectives. When applying foliar fertilizer, the fertilizer solution should be thoroughly sprayed to cover the affected foliage at the proper stage of growth to achieve objectives. Make sure your fertilizer spreader is properly calibrated and on the correct setting to deliver the desired amount of fertilizer for the area being treated. This is discussed in more detail in the section on calibrating pesticide spreaders in the next chapter and in the publication below. For more information, see the following: IFAS Publication How to Calibrate Your Fertilizer Spreader, IFAS Publication ENH 62, 2003. Available at: http://edis.ifas.ufl.edu/LH024. IFAS Publication Fertilization Recommendations for Landscape Plants, G.W. Knox, T. Broschat, and R.J. Black, IFAS Publication ENH 858, 2002. http: / /edis.ifas.ufl.edu/EP 114. FERTILIZER STORAGE AND LOADING If not handled properly, fertilizers can alter or degrade the environment. Nutrients such as N and P in fertilizers can lead to the excessive growth of algae and noxious plants in estuaries, lakes, and streams. Mishandling of fertilizers containing nitrates may result in excessively high levels of nitrate in drinking -water supplies (greater than 10 parts per million [ppmlof NO3 -N). This has been linked to health problems such as blue baby syndrome (methemoglobinemia) in infants. Because the state's aquifers and surface waters are exten- sively interconnected, Florida requires all potentially potable ground water to meet drinking -water standards. For nitrate, federal and state regulations set the drink- ing -water standard at 10 ppm NO3 -N. Shallow wells (less than 50 feet in depth) and old wells with faulty casings are at the highest risk for nitrate contamination. STORAGE Always store nitrate -based fertilizers separately from solvents, fuels, and pesticides, since nitrate fertilizers are oxidants and can accelerate a fire. Ideally, fertilizer should be stored in a concrete building with a metal or other flame - resistant roof. Take care when storing fertilizer to prevent the contamination of nearby ground water and surface water. Always store fertilizer in an area that is protected from rainfall. Storing dry bulk materials on a concrete or asphalt pad may be acceptable if the pad is adequate- ly protected from rainfall and from water flowing across the pad. The secondary containment of stationary liquid fertilizer tanks is addressed in Florida Department of Environmental Protection Rules 62 -761 and 62 -762, Florida Administrative Code (F.A.C.). Even where not required, the use of secondary containment is sound practice. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 42 of 68 A � �% _ /( LOADING Load fertilizer into application equipment away from wells or surface waterbodies. A concrete or asphalt pad with rainfall protection is ideal, as it permits the easy recovery of spilled material. If this is not feasible, loading at random locations in the field can prevent a buildup of nutrients in one location. Fertilizers contaminated with pesticides may damage plants or generate hazardous wastes. Clean up spilled fertilizer materials immediately. Collected material may be applied as a fertilizer. At fixed sites, the area can be cleaned by sweeping or vacuuming (or with a shovel or loader, if a large spill), or by wash- ing down the loading area to a containment basin specif- ically designed to permit the recovery and reuse of the wash water. Wash water generated should be collected and applied to the target crop. Discharging this wash water to waterbodies, wetlands, storm drains, or septic systems is illegal. For more information, see Best Management Practices for Agrichemical Handling and Farm Equipment Maintenance, published by the Florida Department of Agriculture and Consumer Services and the Florida Department of Environmental Protection, May 1998. SOIL TESTING Although it may not be an essential practice for the everyday maintenance of a healthy landscape, testing to determine the soil's chemical properties before installing turfgrass or landscape plants is a recommended practice. Through soil testing, the initial soil pH and P level can be determined. Soil pH is important in determining which turfgrass is most adapted to initial soil conditions (bahiagrass and centipedegrass are not well adapted to soil with a pH greater than 7.0). Since it is not easy to reduce the pH of soil on a long -term basis, you should use St. Augustinegrass or bermudagrass on high -pH soils. After initial soil testing, additional testing may only be required when fertility problems arise and the responses to fertilization are poor. Soil testing is an applied science and can be used as one of the tools in the maintenance of healthy turfgrass and landscapes. For the effective management of nutrients, soil testing should be used in conjunction with tissue testing. Soil test recommendations are based on a corre- lation between the level of a given nutrient extracted from the soil and the anticipated plant response. The amount of nutrients extracted by a particular extractant is only an index relative to crop response. It is not a direct measure of actual plant nutrient availability. The levels of extracted P, K, and Mg are divided into five categories: very low, low, medium, high, and very high. Figure 23. Taking a soil sample. For more information, see your county Cooperative Extension Service agent or IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses, at httl2://edis.ifas.ufl.edu/SS317. Place the plugs that have been collected into a FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries Figure 24. Soil Core. October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 43 of 68 plastic container, mix them thoroughly, and send approximately 1 pint of the mixed sample to the Extension Service Testing Laboratory (ESTL) for chemi- cal analysis. Several commercial laboratories also offer the same service in Florida. You should use the same laboratory on a continued basis to establish a historical log of your soil properties. Laboratories across the state do not use the same extractant, so if you change labs often you may be comparing results obtained by differ- ent methods. SOIL TEST INTERPRETA ION A soil analysis supplies a wealth of information on the nutritional status of a soil and can detect potential problems that limit plant growth. A routine soil analy- sis supplies information on soil pH and the extractable P, K, Ca, and Mg status of the soil. The ESTL currently uses Mehlich -1 as an extractant on all the acidic mineral soils in the state and AB -DTPA (Ammonium Bicarbonate -DTPA) extractant on soils with pH above 7.3 (calcareous soils). The WAS Everglades Extension Soils Laboratory currently uses acetic acid to extract nutrients from all organic soils. Therefore, the extractants are calibrated to different soil types. These extraction procedures must be ascertained when approaching any laboratory for a soil analysis. The routine analysis includes a lime requirement determination if the soil pH is below 6.0. N is not determined, because in most soils it is highly mobile and its soil status varies greatly with rainfall and irrigation events. Table 7 presents interpretation ranges for soil test levels of P, K, Mg, Mn, Zn, and Cu. For detailed expla- nations of soil tests and interpretation, see IFAS Publication SL -181, Soil Testing and Interpretation for Florida Turfgrasses,at http: / /edis.ifas.ufl.edu /SS317. Note that there is no interpretation made for soil test Ca or Fe. No interpretation is made for Mehlich -1 extractable Ca levels because the extractant dissolves Ca compounds, which may not be readily plant avail- able. Thus, the amount of plant - available Ca can be erroneously interpreted. In most cases, Ca levels are te 6 1 ade uaor turf g rass ro w A eIseFonda soils are inherently high in Ca, have a history of Ca fertilization, or receive Ca regularly through irrigation with high -Ca water. The soil test level for Mehlich -1 extractable Ca is used only to determine the type of limestone needed when lime is recommended. For most soils and turf - grasses, liming to ensure an adequate soil pH ensures more- than - adequate Ca. Research has shown no turf- grass response to added Ca, from either liming materi- als or gypsum, when the Mehlich -1 extractable Ca level is above 250 ppm. The ESTL does not analyze for extractable Fe because definitive interpretation data are lacking. Significant correlation of soil test Fe levels with plant tissue levels is also lacking. The testing procedures tend to produce highly variable results. Most soils, except those having a pH greater than 7.0, generally contain adequate levels of Fe for optimum growth. Turfgrasses grown on soils with pH greater than 6.5 exhibit a greening response to Fe applied as a foliar spray. Unfortunately, reapplication may be required on a frequent basis to sustain the desired color. For more information on fertilizing landscape plants, see IFAS publication SL -141, Standardized Fertilization Recommendations for Environmental Horticulture Crops, at httD:Hedis.ifas.ufl.edu /CNOII. TISSUE TESTING Because of the mobility of most essential nutrients for landscape plant and turfgrass growth in Florida soils, one of the best indicators of appropriate fertilization and plant health is tissue analysis. Since turfgrass is a perennial crop, historical logs of tissue composition can be used to fine -tune a turfgrass fertilization program for optimum plant growth and minimum environmental impact. Leaf analysis, along with appearance and soil analysis, can be used to diagnose the problems and the effectiveness of a fertilization program, especially for micronutrient deficiencies. Soil analysis for some nutri- ents, because it is a snapshot of what is present at the time of sampling, does not always indicate their avail- ability to plants. Potential nutrient deficiencies can be detected with leaf analysis before visual symptoms Suggested ranges for Mehlich -1 extractable soil nutrient levels for Florida turfgrasses. Macronutrients* Micronutrients ** P K Mg Mn Zn Cu Parts per million (ppm) 16-30 36-60 20-30 1 3 -9 0.5 -3 0.1 -0.5 *Medium ranges of Mehlich -1 extractable P, K, and Mg when in 25 percent of the cases a response to applied fertilization would be expected. " Soils testing below these levels of micronutrients are expected to respond to applied micronutrients. The interpretation of soil test micronutrient levels is based on soil pH. The smaller number is for soils with a pH of less than 6.0, and the larger number is for soils with a pH of 7.0 or greater. Mehlich -1 extractable micronutrient levels are only determined when requested and require an additional charge. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 44 of 68 1612 A17 appear. Leaf analysis may provide information on induced deficiencies and inferences on plant uptake TISSUE SAMPLING METHODOLOGY Clippings can be collected during regular mowing practices for tissue analysis. It is essential that the clippings are free of sand and fertilizer contamination. Do not harvest clippings immediately after fertilization, top- dressing, or any other cultural practice that results in significant mower pickup. Place approximately a handful of well -mixed clippings in a paper bag. Do not place the clippings in a plastic bag because the clip- pings may begin fermenting prior to drying. If facilities exist at your location, dry the collected clip- pings at approximately 70oC (1580F) for 24 hours and then mail them to your favorite analytical laboratory for analysis. If you do not have dry facilities, ship them, preferably overnight, to the analytical laboratory. Even if placed in a paper bag, if the sample is allowed to sit for more than a couple of days the tissue will begin to ferment and the value of the sample for analytical pur- poses will be lost. SAMPLE CONTAMINATION Turfgrass clippings that have been recently sprayed with micronutrients for fungicidal or nutritional purposes should not be used for micronutrient analysis. Washing recently unsprayed clippings to remove soil and dust particles is recommended prior to sending the samples to the lab for analysis. If you wash one collection of clippings and not all, the nutritional analyses may not be comparable because the concentration of some nutri- ents in tissue, such as K, is highly mobile and a portion of the K may be removed during washing. Unwashed samples may appear to have a much higher concentra- tion than the washed samples, and you may suspect a deficiency in the washed samples when in fact an ade- quate supply of K exists. INTERPRETATION OF RESULTS Sufficiency levels of essential nutrients in the various turfgrass species do not vary much among the various species, except for N. The sufficiency tissue N concen- tration can vary from a low of 1.5 percent for cen- tipedegrass or bahiagrass to a high of 3.5 percent in cool- season, overseeded ryegrass. Table 8 lists the suffi- ciency ranges for tissue N concentration for the various turfgrasses used in lawns. In most cases, tissue N con- centrations below the minimum of the range would be deficient and above the range would be excessive. The concentration of other macro and micronutrients in the tissue does not vary greatly among the various species of turfgrasses. The sufficiency ranges in Table 9 are applicable to most of Florida's turfgrass species. All of these values are on a dry weight basis. These values represent the range over which a particu- lar nutrient might vary across the various species of turfgrasses. They represent sufficiency ranges, which suggests that levels below the range may indicate a defi- ciency or above the range may represent excessive fer- tilization or toxicity. The sufficiency ranges in the tables show the most current interpretation for nutrient concentrations in turfgrass tissue. If analytical test results are in the deficiency range or below the sufficiency range, an increase in fertilization for that nutrient is recom- mended. Alternatively, if test results fall above the sufficiency range, the fertilization program should be adjusted downward. If a change in fertilization is indicated, the adjustment should be reasonable. The intent is to find the correct nutrient management level that maintains turfgrass tissue nutrient concentration within the optimum range, but does not lead to over - fertilization and possible adverse environmental and economic results. SUMMARY Fertilization is one of the key management practices in establishing and maintaining healthy, actively growing turfgrass. The desires of the individual lawn owner or turfgrass manager often dictate the level of fertility management. Due to environmental concerns, some Table 8: Sufficiency ranges of tissue N concentration for selected lawn turfgrasses. Table 9: Sufficiency concentration ranges for selected macro and micronutrients in turfgrass tissue P K I Ca Mg St. Augustine Zoysia Bermuda Centipede Bahia Rye N ( %) 2.0-3.0 2.0-3.0 2.5-3.5 1.5 - 2.5 1.5 - 2.5 Table 9: Sufficiency concentration ranges for selected macro and micronutrients in turfgrass tissue P K I Ca Mg Fe Cu Mn Zn B Percent ( %) PPM 0.15 - 0.50 1.00 - 3.00 1 0.5 - 1.0 0.20 - 0.50 50 250 5 30 25 - 100 20 ::2:5:0 5-20 FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 45 of 68 1 1 1612 think that less fertilization is always best, but research irrigation may result in volatilization and inefficient shows that fewer nutrients are lost from the surface or use of fertilizer. leached through a healthy, well- maintained turfgrass than an unhealthy, sparsely established turfgrass. Due to the prevalence of streets, driveways, and other impervious areas, it is very important to ensure no fertil- The importance of proper irrigation during fertilization izers are left where they can run off into stormwater sys- cannot be overemphasized. Excessive irrigation after tems or water bodies. Deflector shields should always be fertilization may cause leaching or runoff, and a lack of used near boundaries with water or impervious areas. FFS FOR TURFGR ..:, AND b,Nl)c.. ? Do not fertilize if a heavy rainfall is expected, especially tropical or frontal weather systems Avoid both leaching and surface runoff. Match the product to the situation. Remember that all fertilizers, even slow release products, contain nutrients and can cause pollution if allowed to escape the root zone. Correct other deficiencies first. Be aware of the effects soil pH, shade, overwatering, or other stresses may have on the plants. Be sure fertilizer is the correct response to the problem. Remember that rate and timing of N fertilization depends on the turfgrass species, season of the year, level of maintenance desired, source of N applied, and location in the state. + Limit water-soluble (quick release) Nitrogen applications to 0.5 lb. /1000 ft2. This includes the water soluble part of slow - release blends. Limit total N to 1 lb. /1000ft2 per the Urban Turf Rule. P application should be limited to soils that require additional P based on soil or tissue testing. Limit and P fertilization at establishment to one time 30 days after seeding /sodding. Do not add N or P before installa- tion, but amend the soil as needed with lime or organic matter. - Always leave a Ring of Responsibility near water bodies or impervious surfaces. Always use deflector shields on broadcast or rotary spreaders when applying fertilizer near water or sidewalks, driveways and streets. Sweep any fertilizer left on impervious areas back into the vegetated area. + Become proficient in reading and understanding the fertilizer label. + Know the exact square footage of the area where fertilizer is being applied and make sure the spreader /application equip- ment is properly calibrated and set to deliver the correct amount of fertilizer to that area. ® Become knowledgeable in soil sampling procedures and soil test interpretation. When fertilizing (other than when watering restrictions apply), irrigate with 114 inch of water following fertilization to avoid the loss of nitrogen and increase uptake efficiency. If water restrictions apply, you may irrigate as you are allowed, but more than 1 /2 inch may cause some nitrogen to be leached past the root zone. Use Fe and /or Mn instead of N to enhance turfgrass color on soils having a pH greater than 7.0, especially during times of enhanced rainfall Maintain a healthy, actively growing turfgrass to minimize the environmental impact of fertilizer and pesticide application, erosion, and stormwater runoff. + There is no significant difference between liquid or dry applications of similar products. In terms of BMPs for environmental protection, the proper application of fertilizer is more important than the type of product. Department of Environmental Protection , Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 46 of 68 161 A Chapter LEGAL ISSUES DEFINITIONS A pest is anything that competes with humans, domestic animals, or desirable plants for food or water; injures humans, animals, desirable plants, structures, or posses- sions; spreads disease to humans, domestic animals, wildlife, or desirable plants; or annoys humans or domestic animals. Types of pests include the following: • Arthropods such as insects and arachnids; • Microbial organisms such as bacteria, fungi, viruses, and Mycoplasma; • Weeds, which are plants growing in an area where they are not wanted; • Nematodes; • Mollusks such as snails and slugs; and • Vertebrate pests. Under Florida law (Chapter 482 Florida Statutes), integrated pest management (IPM) is defined as the following: ... the selection, integration, and implementation of multiple pest control techniques based on pre- dictable economic, ecological, and sociological con- sequences, making maximum use of naturally occurring pest controls, such as weather, disease agents, and parasitoids, using various biological, physical, chemical, and habitat modification meth- ods of control, and using artificial controls only as required to keep particular pests from surpassing intolerable population levels predetermined from an accurate assessment of the pest damage potential and the ecological, sociological, and economic cost of other control measures. LICENSING REQUIREMENTS FOR PESTICIDE USE IN LAWN AND LANDSCAPE MAINTENANCE Not only should pesticides be used carefully, existing laws regarding pesticide applications and licensing requirements for conducting a business should also be complied with. There are three categories of licenses, (local occupational license, limited certification for com- mercial landscape maintenance license, or a pest control business license and a certified operators certificate) that could apply to persons who practice landscape maintenance as a business. In most cases, if a person or company is providing services that only include mowing, edging, landscaping, and fertilizing, only a county or municipal occupational license is needed. (This does not apply to "weed and feed" or "insect control" applications.) If a person or company also applies any herbicide (even a granular product of a pesticide coated onto fertilizer), fun- gicide, or insecticide, to residential lawns or plant beds, a license for pesticide application is required from the Florida Department of Agriculture and Consumer Services (FDACS) Bureau of Entomology and Pest Control. Failure to obtain a license can result in fines up to $5,000. This includes the application of "weed and feed" or "insect control' pesdcidelfertilizer mixtures to lawns. If the only pesticides applied by a person or business are herbicides and "caution " - labeled insecticides applied to plant beds or along the edges of pavement, then a limited certification for commercial landscape maintenance license is needed from the Bureau of Entomology and Pest Control. For this category, each applicator must have a license. This does NOT allow the application of pesti- cides to turf or the use of insecticides labeled "Warning" or "Danger," or the application of "weed and feed" or "insect control" pesticide/fertilizer mixtures to lawns. If any application of any pesticide is made to a lawn as part of a service provided by a person or business, then a pest control business license and a certified operators certificate are needed from the Bureau of Entomology and Pest Control. This includes the application of "weed and feed" or "insect control' pesticide/fertilizer mixtures to lawns. • Government employees and private business employees who are applicators also need a pesticide license to make any applications to lawns or ornamental plants. This includes the application of "weed and feed" or "insect control" pesticide/fertilizer mixtures to lawns. Information on how to obtain these licenses can be obtained from FDACS Bureau of Entomology and Pest Control at (850) 921 -4177 or at http: / /www.flaes.org/ s- n . • Applications of restricted use pesticides made to parks, cemeteries, and golf courses require a license obtained through FDACS Bureau of Compliance Monitoring at (850) 488 -3314 or at http: / /www.flae ore /comDlimonitorine/index.html. PESTICIDE RECORD KEEPING Proper records of all pesticide applications should be kept according to state or federal requirements. These records FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries 7A October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Frignd�BM� A ,/ Page 47 of 68 11 2A T�4 help to establish proof of proper use, facilitate the com- parison of results of different applications, or find the cause of an error. Records that provide this information may include the following: • The date and time of application; • Name of applicator; • Person directing or authorizing the application; • Weather conditions at the time of application; • Target pest; • Pesticide used (trade name, active ingredient, amount of formulation, amount of water); • Adjuvant/surfactant and amount applied, if used; • The area treated (acres or square feet) and location; • Total amount of pesticide used; • Application equipment; • Additional remarks, such as the severity of the infesta- tion or life stage of the pest; and • Follow -up to check the effectiveness of the application. RESTRICTED USE PESTICIDES Certain pesticides are classified as restricted use pesti- cides (RUPs). Very few pesticides in this category are rou- tinely used in turf maintenance, but if you happen tor use one of them, certain record - keeping requirements apply. The Florida pesticide law requires certified applicators to keep records of all restricted use pesticides. To meet your legal responsibility and to document your treatment methods, you need to maintain accurate pesticide records. Florida regulations require that information on RUPs be recorded within 2 working days of the application and maintained for 2 years from the application date. Federal worker protection standards (WPSs) only apply to pesti- cide applications made by producers of agricultural prod- ucts and do not affect Green Industry pesticide applicators. NOTE: Florida law requires RUP record keeping. See FDACS Bureau of Entomology and Pest Control regula- tions for specifics on the regulation. In addition, record keeping is required to comply with the federal Superfund Amendments and Reauthorization Act (SARA, Title III), which contains emergency planning and community right -to -know legislation. INTEGRATED PEST MANAGEMENT The philosophy of IPM was developed in the 1950s because of concerns over increased pesticide use, environmental contamination, and the development of pesticide resistance. The objectives of IPM include reducing pest management expenses, conserving energy, and reducing the risk of exposure to people, animals, and the environment. Its main goal, however, is to reduce pesticide use by using a combination of tactics to control pests, including cultural, biological, genetic, and chemical controls. The cultural component consists of the proper selection, establishment, and maintenance (such as mowing/prun- ing, fertilization, and irrigation) of turf and landscape plants. Keeping lawns and landscapes healthy reduces their susceptibility to diseases, nematodes, and insects, thereby reducing the need for chemical treatment. In the service industry, unfortunately, many of the cultural components of IPM are not under the control of the pesticide application professional. It is essential that customers be made aware of their responsibility for cultural factors, whether in doing their own work or in selecting qualified professionals for third -party activities such as irrigation and mowing. The biological component involves the release and/or conservation of natural enemies (such as parasites, predators, and pathogens) and other beneficial organ- isms (such as pollinators). Natural enemies (including Florida law requires that you record the following items to comply with the restricted use pesticide record - keeping requirement. Brand or product name. U.S. Environmental Protection Agency registration number. • Total amount applied. • Location of application site. ® Size of area treated. • Crop /variety /target site. v Month /day /year /time of application. Name and license number of applicator (if applicator is not licensed, record his or her name and supervisor's name and license number). Method of application, v, Name of person authorizing the application, if the licensed applicator does not own or lease the property. Department of Environmental Protection - Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 48 of 68 2 �174 ladybird beetles, green lacewings, and mantids) may be purchased and released near pest infestations. However, the landscape can also be modified to attract natural ene- mies, provide habitat for them, and protect them from pesticide applications. For example, flowering plants may provide parasitoids with nectar, or sucking insects (aphids, mealybugs, or soft scales) may provide a honey- dew source when growing on less- valuable plants. The genetic component relies on the breeding or genetic engineering of turfgrasses and landscape plants that are resistant to key pests. Such resistance could increase a plants tolerance to damage and weaken or kill the pests. Pests may also develop more slowly on partially resistant plants, thereby increasing their susceptibility to natural enemies or "softer" pesticides. Selecting resistant cultivars or plant species when designing a landscape is a very important part of IPM. Although turfgrass and landscape managers often work with established plant material, they can still recommend changes. Every opportunity should be taken to educate builders, developers, landscape archi- tects, sod producers, and others on which plants are best suited to their areas. Chemical controls include a wide assortment of conven- tional, broad - spectrum pesticides and more selective, newer chemicals, such as microbial insecticides and insect growth regulators. IPM is not antipesticide, but it does promote the use of the least -toxic and most selective alternatives when chemicals are necessary. Pesticides are only one weapon against pests and should be used responsibly and in combination with other, less -toxic control tactics. To determine which pesticides are most appropriate for use, and when and how to use them, consult the appro- priate pesticide selection guides produced by IFAS. Whenever practical, limit treatment to infected areas. Spot spraying lessens pesticide use, saving the application service money and lowering risk to beneficial organisms, pets, homeowners, and the environment. Consult with county Cooperative Extension Service agents, chemical distributors, product manufacturers, or independent turf or landscape maintenance consultants. IPM is commonly used in agricultural crop production, where the economic thresholds for key pests have been determined. Using IPM in the urban environment, how- ever, has been more challenging. The Green Industry is sensitive to aesthetic damage, and customers are often intolerant of anything that could affect the appearance of ornamental plants. Increased education of growers, con- sumers, and maintenance personnel could raise the aes- thetic threshold and allow for minor damage without compromising plant health and beauty. Another important aspect of a successful IPM program is pest monitoring. This includes understanding the life cycle of a pest and knowing which plants and condi- tions it may prefer. Monitoring populations, understand- ing historical trends, and knowing where a pest is most likely to occur can target control practices to a specific pest in a specific location. Maintaining records and his- tories of pest populations can help a manager forecast pest occurrence and apply pesticides wisely. The monitoring of pest populations presents special difficulties for the service industry, because the service professional may only be on -site one day per month or less. While spot applications are generally preferable, in certain situations preventative measures may be neces- sary. This is particularly true where experience has determined that less pesticide, or a less toxic pesticide, may be needed when a preventative control is used. The basic steps for IPM programs are as follows: • Identify key pests on key plants. • Determine the pest's life cycle, and know which life stage to target (for an insect pest, whether it is an egg, larva/nymph, pupa, or adult). Use cultural, mechanical, or physical methods to prevent problems from occurring (for example, prepare the site, select resistant cultivars), reduce pest habitat (for example, practice good sanitation, carry out pruning and dethatching), or promote biological control (for example, provide nectar or honeydew sources). Decide which pest management practice is appropri- ate and carry out corrective actions. Direct control where the pest lives or feeds. Use preventative chemi- cal applications only when your professional judg- ment indicates that properly timed preventative appli- cations are likely to control the target pest effectively while minimizing the economic and environmental costs. • Determine if the "corrective actions" actually reduced or prevented pest populations, were economical, and minimized risks. Record and use this information when making similar decisions in the future. For more information on IPM, see IFAS Publication ENY -336, Integrated Pest Management in the Commercial Ornamental Nursery, at http: / /edis.ifas.ufl.edu/IG144. PESTICIDE USE Pesticides are designed to kill or alter the behavior of pests. When, where, and how they can be used safely and effectively is a matter of considerable public inter- est. If they are not used wisely, pesticides may pose risks to pesticide applicators and other exposed people, and may create long -term environmental problems. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 49 of 68 The best way to manage pesticide storage and disposal is to reduce the amount of pesticide left over after applications through proper planning and equipment calibration. Faulty or improperly managed storage facilities may result in direct runoff or leaching of pesticides into surface water and ground water. Users may be held liable for damage caused by improperly stored or disposed pesticides. Pesticide spills can be especially problematic. Even pesticides designed for rapid breakdown in the environ- ment can persist for years if present in high concentra- tions. The results can be the contamination of drinking water, fish kills and other impacts to nontargeted organ- isms, and administrative fines and legal remedies. It is important that pesticide users protect themselves from all of these hazards. The most obvious method to reduce the risk from pesti- cides is to use them only when necessary. Determine which pesticides are the most useful and least environ- mentally harmful for a given situation. Apply them C:rr,IrP.t 0- 4Tn( -1 F rkA,Dc The following general BMPs should always be used for pesticides: Develop - and implement a quality IPM program. Labels - Observe all directions, restrictions, and pre- cautions on pesticide labels. It is dangerous, wasteful, and illegal to do otherwise. Storage - Store pesticides behind locked doors in original containers with label intact, separate from seed and fertilizer. Rate - Use pesticides at the correct application rate and recommended intervals between applications to avoid injury to plants and animals. Handling - Never eat, drink, or smoke when han- dling pesticides, and always wash with soap and water after use. Rinsing Triple-rinse containers into the spray tank. Never pour pesticides down a drain or into an area exposed to humans, animals, or water. Disposal - Dispose of used containers in compliance with label directions so that water contamination and other hazards will not result. Clothing - Always wear protective clothing when applying pesticides. At a minimum, wear a long - sleeved shirt, long- legged pants, rubber gloves, boots (never go barefoot or wear sandals), eye protection, and a wide - brimmed hat. Additional protective gear may be listed on the pesticide label. properly and effectively to minimize costs and the effects on public health and the environment while max- imizing plant response. Give particular attention to the vulnerability of the site to ground water or surface water contamination from leaching or runoff. A pest - control strategy should be used only when the pest is causing or is expected to cause more damage than what can be reasonably and economically tolerated. A control strategy should be implemented that reduces the pest numbers to an acceptable level while minimizing harm to nontargeted organisms. The strategy of IPM is as follows • Prevention — keeping a pest from becoming a problem, and then, if needed, • Suppression— reducing pest numbers or damage to an acceptable level. Always follow the directions on the label. These direc- tions have been developed after extensive research and field studies on the chemistry, biological effects, and environmental fate of the pesticide. The label is the sin- gle most important document in the use of a pesticide. State and federal pesticide laws require following label directions! PESTICIDE SELECTION Identifying or recognizing pests is essential to proper pesticide application and selection. Once the pest has been identified, the best control method must be chosen. If a pesticide is to be used, the applicator must know the proper application technique and read the label thor- oughly. Pesticides should be evaluated on effectiveness against the pest, mode of action, life stage of the pest, personnel hazards, non - target effects, leaching or runoff potential, and cost. PESTICIDE SELECTION BMPS WIND • Develop and implement a quality IPM program. Train employees in proper pest identification and pes- ticide selection techniques. Choose the product most appropriate for the problem or pest. Mix only the quantity of pesticide needed in order to avoid disposal problems, protect non - targeted organ - isms, and save money. Spot treat pests whenever appropriate. Read and follow all label directions. The label is a legal document. Make note of any ground water advisories on the label. Department of Environmental Protection - Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services DiviI Bo A17 3. Landscaping Best Management Practices (BMP) -- Florida Frien P Page 50 of 68 PESTICIDE STORAGE . If you store pesticides for your operation, this storage must be properly constructed and maintained to prevent problems or an expensive cleanup in the event of an acci- dent. The best way to minimize storage problems is to minimize the amount you store. Purchasing only small amounts that you can use quickly is the best approach for many turf management professionals. If you have to store pesticides, follow these guidelines: • Design and build pesticide storage structures to keep pesticides secure and isolated from the surrounding environment. • Store pesticides in a roofed concrete or metal structure with a lockable door. • Keep pesticides in a separate facility, or at least in a locked area separate from areas used to store other materials, especially fertilizers, feed, and seed. • Do not store pesticides near flammable materials, hot work (welding, grinding), or in shop areas. • Do not allow smoking in pesticide storage areas. Figure 25. Pesticide storage areas should be locked. Store personal protective equipment (PPE) where it is easily accessible in an emergency, but not in the pesticide storage area (since that may make it unavail- able during an emergency). Check the label and the Material Safety Data Sheet (MSDS) to determine the required safety equipment for each chemical used in the operation. Keep a written pesticide inventory and the MSDS file for the chemicals on site. Do not store this information in the pesticide storage room itself. Remember that PPE is specified for normal application and handling activities. Regular PPE may not be protec- tive in emergency situations, such as fires or reactions with other spilled chemicals. Depending on the products stored and the quantity, you may need to register the facility with the Florida Department of Community Affairs and your local emergency response agency. Check with your pesticide dealer about community right -to -know laws for the materials that you purchase. An emergency response plan should be in place and familiar to personnel before an emergency occurs, such as a lightning strike, fire, or hurricane. Individuals conducting emergency pesticide cleanups should be properly trained under the require- ments of the federal Occupational Safety and Health Administration (OSHA). For reporting chemical spills, see the section on spill reporting requirements later in this chapter. Do not store large quantities of pesticides for long peri- ods. Adopt the "first in —first out' principle, using the oldest products first to ensure that the product shelf life does not expire. Store pesticides in their original containers. Do not put pesticides in containers that might cause children and others to mistake them for food or drink. Keep the containers securely closed and inspect them regularly for splits, tears, breaks, or leaks. All pesticide containers should be labeled. Arrange pesticide containers so that the labels are clearly visible, and make sure that the labels are legible. Refasten all loose labeling using non -water soluble glue or sturdy, transparent packaging tape. Do not refasten labels with rubber bands (which quickly rot and easily break) or nontransparent tapes such as duct tape or masking tape (which may obscure important product caution statements or label directions for product use). If a label is damaged, immediately request a replacement from the pesticide dealer or for- mulator. As a temporary supplement to disfigured or badly damaged labels, fasten a baggage tag to the con- tainer handle. On the tag write the product name, for- mulation, concentration of active ingredient(s), "signal word," the statement "Keep Out of Reach of Children," and the date of purchase. If there is any question about the contents of the container, set it aside for proper disposal. Dry bags should be raised on pallets to ensure that they do not get wet. Do not store liquid materials above dry materials. Store flammable pesticides separately from nonflammable pesticides. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries ' October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 51 of 68 Segregate herbicides, insecticides, and fungicides to prevent cross - contamination and minimize the potential for misapplication. Cross- contaminated pesticides often cannot be applied in accordance with the labels of each of the products. This may make it necessary to dispose of the cross - contaminated materials as wastes and could require the services of a consultant and hazardous waste contractor. Use shelving made of plastic or reinforced metal. Keep metal shelving painted (unless made of stainless steel) to avoid corrosion. If you use wood shelving, paint it with an enamel or waterproof paint to minimize any absorp- tion of spilled pesticide materials. It is best to replace wood shelving with metal or plastic. Construct floors of seamless metal or concrete sealed with a chemical- resistant paint. For concrete, use a water - cement ratio no higher than 0.45:1 by weight, and leave a rough finish to provide adhesion for the sealant. Equip the floor with a continuous curb to retain spilled materials. While a properly sealed sump may be included to help recover spilled materials, do not install a drain, as it can release spilled material into the environment. If you have a drain in a storage area, seal it as soon as possible to prevent uncontrolled releases. Provide sloped ramps at the entrance to allow handcarts to safely move material in and out of the storage area. When designing the facility, keep in mind that tempera- ture extremes during storage may reduce safety and affect pesticide efficacy. Provide automatic exhaust fans and an emergency wash area. The emergency wash area should be outside the storage building. Local fire and electrical codes may require explosion -proof lighting and fans. The light/fan switches should be outside the building, and both switches should be turned on before people enter and should remain on until after they have left the building. The BMPs discussed in the next section often address the ideal situation of newly constructed, permanent facilities. However, you are encouraged to apply these principles and ideas to existing facilities. Plans and specifications for pesticide storage buildings are available from several sources, including the the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), the Midwest Plan Service, and the IFAS Publications Office. These organizations' publications also contain recommended management practices for pesticide storage facilities. Note that cancelled, suspended, or unusable pesticides must be disposed of properly. Storage for long periods can lead to leaking containers or other costly problems. The Florida Department of Environmental Protection and the Florida Department of Agriculture and Consumer �° Services (FDACS) oabprjraZr the A 1 free 1 disposal of these materials (Operation Cleansweep, ph. 877 - 851 -5285 toll -free, or 386 -418- 5525). For more information, go to www.dep .state.fl.us /waste/categories / cleansweep- pesticides. If this program is not available, a licensed waste disposal contractor should do the disposal. A good storage facility should have the following features: • A secure area where unauthorized persons are restrict- ed from entering. • Proper labeling on exterior doors, such as signs that say "NO SMOKING" and "WARNING: PESTICIDE STORAGE." No- smoking regulations need to be enforced. • No opportunity for water to enter. • Temperature control to avoid excessive cold or heat. CAIRS FOR PEST10DE STORAGE AND DISPOSAL The following BMPs should be used for storing and disposing of pesticides: • Maintain and follow labels on all pesticide containers. Store pesticides only in their original containers or make sure the new containers are properly labeled. Store similar pesticides together; for example, store herbicides with herbicides, and insecticides with insecticides. • Store dry pesticides above liquids. • Keep containers closed tightly. • Inspect inventory frequently and watch for damaged containers. Store separately any pesticides that may be flammable. Limit the amount of inventory, and purchase only the amounts needed. Triple- rinse, puncture, and crush empty containers. Clean all visible chemical from the container, including the container cap and cap threads. Follow the label directions for container disposal. Apply unused chemical mixtures or rinsate to a legal target at or below the label rate, or save it to use as make -up water for later applications of compatible materials. For cancelled, suspended, or unusable pesticides, con- tact the FDACS Bureau of Compliance Monitoring at (850),488-3314 or go to ht iD://www.flcies,orci/coni 011monitoring /index.htm) for guidance. -00 IN Department of Environmental Protection — Revised DECEMBER 2006 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 52 of 68 • Nonporous floors. . • Not located close to a body of water, sinkhole, or wellhead. • Adequate lighting and ventilation. • The ability to contain runoff from spills. • A source of clean water with prevention of backflow of chemicals into the water supply. • Freedom from combustible materials or debris. • Storage shelves and cabinets of nonporous material that will not absorb pesticides. • Shelves or other means of keeping chemicals off wet floors. • Materials and equipment to contain and clean up pesti- cide spills. • Clean, readily available personal protective equipment and emergency telephone numbers or other means of securing assistance in an emergency. • Appropriate fire extinguishers. MIXING AND LOADING ACTIVITIES In most cases, the mixing and loading of pesticides into application equipment should be done adjacent to the application site. If chemicals are routinely mixed and loaded at a shop or storage site, spilled material can accumulate and expensive cleanup procedures may be required. Use extreme caution when handling concentrated chemicals. Spills could result in an expensive hazard- ous waste cleanup. It is important to understand how mixing and loading operations can pollute vulnerable ground water and surface water supplies if conducted improperly and at the wrong site. Locate operations well away from ground water wells and areas where runoff may carry spilled pesticides into surface water - bodies. Areas around public water supply wells should receive special consideration and may be designated as wellhead protection areas. Before mixing or loading pesticides in such areas, consult with state and local government officials to determine if special restrictions apply. To prevent problems when mixing chemicals on -site, use a mixing tray or portable pad to avoid spillage that could be transported to non - targeted areas. Should a chemical spill onto the mixing tray, the material should then be rinsed into the applicator equipment and used according to the product label. I� All Y ` For our own safety, always ue 11 oersonal protective equipment required by the label. PESTICIDE EQUIPMENT CALIBRATION AND LOADING Keep application equipment properly calibrated and in good repair. Correct measurement keeps you in compli- ance with the label; reduces the risks to applicators, workers, and the environment; and saves you money. Figure 26. Calibrate spreaders frequently. Calibrate using clean water and do not calibrate equip - ment near wells, sinkholes, or surface waterbodies. Measure pesticides and diluents accurately to avoid improper dosing, the preparation of excess or insufficient mixture, or the preparation of a tankload of mixture at the wrong strength. The proper application of pesticides helps to reduce costs and increase profits. Improper application can result in wasted chemicals, marginal pest control, excessive carry- over, or damage to turf or landscape ornamentals. As a result, inaccurate application is usually very expensive. Be aware of the proper application methods, chemical effects on equipment, equipment calibration, and correct cleaning methods. Sprayers should be calibrated when new or when nozzles are replaced and recalibrated after a few hours of use, as new nozzles may wear and the rate of flow may increase rapidly. For example, wettable pow- ders may erode nozzle tips, causing an increase in appli- cation rates after spraying as few as 50 acres. Recalibrate equipment periodically to compensate for wear in pumps, nozzles, and metering systems. The amount of chemical solution applied per unit of surface area depends on the forward speed, system FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 53 of 68 pressure, size of nozzle, and spacing of nozzles on the boom. A change in any one of these will change the rate of application. Consult the operator's manual for detailed information on a particular sprayer. Backpack sprayers and hand sprayers also can and should be calibrated, and applicators should be "calibrated" to determine how much chemical is being applied during a broadcast application while walking across a lawn. Calibration should be performed by measuring the amount of pesticide applied to a small area (for exam- ple, 1,000 square feet) and calculating how much would be applied to a large area. For equipment with more than one nozzle, be sure to check the flow rates of all nozzles on the sprayer so they are similar. Equipment suppliers and pesticide suppliers often supply calibra- tion equipment or assistance at low or no cost. If you calculate the return on investment for time spent calibrating equipment, you will see that even a small improvement in calibration accuracy can save a signifi- cant amount of money spent on pesticide that was wasted because it was over applied. BMPS FOR LOADING AND CALIBRATING' PESTICIDE EQUIPMENT Mix the pesticide and load the spreader or sprayer carefully to avoid spills. Mix and load pesticides on an impervious mix /load pad with provisions for collecting and reusing spilled or waste material. Use excess pesticide mixtures on a site that is specified on the label. r Consider closed systems for loading and mixing. Triple-rinse containers, pour the rinsate into the spray tank, and use the excess according to the product label. Calibrate your spreader or sprayers. . MOST ... Florida law requires an air gap or back - siphoning device between the water supply and the application equipment to prevent backflow into the water supply. Never sub- merge the end of a water supply hose in a tank. This can lead to the costly contamination of a water supply. PESTICIDE APPLICATION EQUIPMENT WASH WATER Wash water from pesticide application equipment must be managed properly, since it could contain pesticide residues. Ensuring that no pesticide spills occur on the vehicle by mixing all pesticides over mix- ing trays eliminates potential pesticide hazards. Sweep any granular products that have spilled onto the vehicle or non - targeted areas into labeled bags for later use. 1612A17 Wash the vehicle in a designated wash area. The water hose should have an on/off valve and a water - reducing nozzle. Use the least amount of water possible to wash the equipment adequately. Motorized spray equipment can be rinsed of pesticides residues over turf areas at the job site where the rinsate will be used according to the product label. These practices prevent unwanted pesti- cide residues from being washed onto non - targeted areas. Avoid conducting such washing in the vicinity of wells or surface waterbodies. For most turf application equipment, the inside of the application tank should be rinsed. This is done by filling it with water and then applying the rinse water in the same manner and at the same site as the original pesticide. For larger equipment that is loaded at a central facility, the inside of the application equipment should be washed on the mix/load pad. This rinsate may be applied as a pesticide (preferred) or stored for use as make -up water for the next compatible application. Otherwise it must be treated as a (potentially hazardous) waste. After washing the equipment and before an incompatible product is handled, the sump should be cleaned of any liquid and sediment. PESTICIDE SPILL MANAGEMENT Clean up spills as soon as possible. Unmanaged spills may quickly move into surface waters and injure plants and animals. It is essential to be prepared for major or minor spills. The sooner you can contain, absorb, and dispose of a spill, the less chance there is that it will cause harm. Always use the appropriate personal protec- tive equipment as indicated on the MSDS and the label for a chemical. In addition, follow the following four steps: • CONTROL actively spilling or leaking materials by setting the container upright, plugging leak(s), or shutting the valve. CONTAIN the spilled material using barriers and absorbent material. For small spills, use kitty litter, vermiculite, shredded newspaper, absorbent pillows, clean sand, or pads. Use dikes to direct large spills away from ditches, storm drains, ponds, sinkholes, or woods. You can also use products such as "Soak Up" to absorb spilled materials. These types of products allow the absorbed material to be diluted into the spray mixture and applied as usable pesticide. • COLLECT spilled material, absorbents, and leaking containers and place them in a secure, properly labeled container. Some contaminated materials could require disposal as hazardous waste. • STORE the containers of spilled material until they can be applied as a pesticide or appropriately disposed of. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- 1 Flori a Fri 1ndlZPA17 Page 54 of 68 4 Small liquid spills may be cleaned up by using an absorbent such as cat litter, diluting it with soil, and then applying the absorbent to the target site as a pesti- cide in accordance with the label instructions. SPILL REPORTING REQUIREMENTS Comply with all applicable federal, state, and local regula- tions regarding spill response training for employees, spill reporting requirements, spill containment, and cleanup. Keep spill cleanup equipment available when handling pesticides or their containers. If a spill occurs for a pesticide covered by certain state and federal laws, you may need to report any accidental- release if the spill quantity exceeds the "reportable quantity" of active ingredient specified in the law. See Appendix A for important telephone numbers for report- ing pesticide spills. Very few of the pesticides routinely used in turf management are covered under these require- ments. A complete list of pesticides and reportable quan- tities is available at httl2:/hswwfloridadisaster.org!Ws —Z SERC/htcl.htm. Table 10 provides reportable quantities for some common pesticides, but it is your responsibility to determine if a pesticide you use has a reportable quantity. The list in the table should not be used as a substitute for a review of the official Section 304 list provided at the website above. Table 10: Reportable quantities for certain pesticides Chemical Name Brand Name CAS Number EHS RO CERCLA RO Atrazine AAtrex 1912249 N/A N/A Fenoxycarb Logic 74490 -01 -8 N/A N/A Hydromethylnon Maxforce 67485 -29 -4 N/A N/A Malathion Cythion 121 -75 -5 N/A 100 Methiocarb Mesuro) 2032 -65 -7 10 10 Simazine Prince 122 -34 -9 N/A N/A Trifluralin Treflon 1582098 N/A 10 (For a complete list call (850) 413 -9970, or go to http //w floridadisaster.org/cr)s /SERC /htc l .html. Reportable quantities are given in pounds of active ingredient. Public Law 96 -510 and Public Law 92 -5000 (CERCLA) require immediate notification of the approl:,riate U.S. governmental agency when oil or hazardous substances are discharged. The law states, "Any such person who fails to nc:tify immediately such agency of such discharge shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both." Under Chapters 376 and 403, Florida Statutes: Any owner or operator of a facility who has knowledge of any release of a hazardous substance from a facility in a quantity equal to or exceeding the reportable quantity (see the MSDS sheet) in a 24-hour period shall immediately notify the State Warning Point. The owner or operator having a discharge of petroleum products exceeding 25 gallons on a pervious surface (or any amount in a waterbody) must report such discharge to the Florida Department of Environmental Protection c r the State Warning Point. The penalty is not in reporting a spill; it is in failing to report a spill. REPORT THE FOLLOWING INFORMATION Name, address, and telephone number of person reporting. Name, address, and telephone number of person responsible for the discharge or release, if kne .yn. Date and time of the discharge or release. Type or name of the substance discharged or released. Estimated amount of the discharge or release. Location or address of the discharge or release. Source and cause of the discharge or release. Size and characteristics of the area affected by the discharge or release. Containment and cleanup actions taken to date. Other persons or agencies contacted. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 55 of 68 14 ' MANAGEMENT OF PESTS IN THE LANDSCAPE WEED MANAGEMEN-t Florida law defines a weed as a plant growing where it is not wanted. Plants often earn their reputations as weeds if they grow without care or cultivation and despite efforts to get rid of them. Weeds compete with desired plants for space, water, light, and nutrients and can harbor insect pests and diseases. The predominant weed species change from season to season in Florida. Because weed populations can explode if not kept in check, the amount of pressure from these pest plants remains consistently high. Weeds reproduce from seed, root pieces, and special vegetative reproductive organs such as tubers, corms, rhizomes, stolons, or bulbs. People, animals, birds, wind, and water can distribute seeds. Many of the weeds that show up in landscape beds come from seeds. Weeds also arrive in landscape beds when their reproductive tissues and organs are in the soil of transplants. Weed rhizomes or stolons can also creep into a landscape bed from an adjacent infested area. Plastic or metal edging that penetrates several inches into the ground around the perimeter of the bed reduces the likelihood of weed infestations from rhizomes or stolons. Preventative weed control is important. Removing estab- lished weeds from landscape beds can be time consum- ing and/or expensive. Weed infestations will probably have to be removed by hand, as there are a limited num- ber of herbicides available that can be safely applied over the top of and around most landscape plants. For Green Industry service personnel, the application of most herbicides must be done by licensed pest - control professionals. For more information, see the IFAS web - site: http: / /edis.ifas.ufl.edu/TOPIC Ornamental Pests. INSECTS AND OTHER ORGANISMS Fewer than 1 percent of all insects are harmful to plants and many are actually beneficial, acting as predators or parasites of harmful insects and assisting in the cross - pollination of certain plants. Remember that disease, nutritional deficiencies, cultural treatments, and environ- mental conditions can cause a plant to appear unhealthy or discolored, so it is important to diagnose a problem correctly before remedial measures are taken. Some plants in the urban landscape are oversprayed, resulting in unnecessary environmental contamination and often upsetting the natural predator /parasite —pest balance. Think about all of the control options available under IPM. Before using a chemical control method for an active pest infestation, look around the landscape to see if predatory or parasitic insects are present to control your pest problem. If you must spray, use the least -toxic remedy possible and exercise great care to avoid contam- inating yourself and other living creatures. A17 4 In general, IPM calls for pesticides to be applied as need- ed when plants have an active infestation and significant damage is likely. However, some pest problems may be best handled with preventative measures, such as the use of residual Imidacloprid to target chinch bug nymphs as they emerge from their eggs. Preventative application measures should not be routine but should be based on your professional knowledge of the control agent or method, the pest's life cycle, environmental conditions, and historical data. Use preventative chemical applica- tions only when your professional judgment indicates that properly timed, preventative applications are likely to control the target pest effectively while minimizing eco- nomic and environmental costs. In addition to Florida's abundance of native pests, land- scape workers need to be aware of imported plant pests, their identification and control. In the last several years, these pests have caused substantial economic damage and an increase in the use of pesticides. The effects caused by citrus canker and greening are just two examples of dis- eases that have devastated a sector of Florida's economy. Insect examples in the landscape include the Asian cycad scale, pink hibiscus mealybug, Chilli Thrips, Lobate Lac Scale, Ficus whitefly, and many others. Florida's tropical climate and international status predis- poses us to imported plant pests. We have a history of the rapid spread of these imported pests to landscape plants. The normal problems of pest control are made worse by: • No populations of beneficial predators, • Poor or slow problem identifications, • No basis for control product selection • It requires the constant awareness that new pest prob- lems are likely. Employers and employees must be vigilant and seek additional training from IFAS, which is the key source of diagnostic and control information for these exotic pests. For more information on IPM and insect pests, see the following: • IFAS Publication ENY -337, Commercial Applications of Insecticides and Miticides in the Green Industry, at htt12:fledis.ifas.uf1.edu/IGI45. • IFAS Publication ENY -338, Insect Management on Landscape Plants, at http: / /edis.ifas.ufl.edu /IG013. • IFAS Publication ENH -300, Insect Pest Management on Turfgrass, at htW: / /edis.ifas.ufl.edu/IG001. • Featured Creatures at http: / /creatures.ifas.ufl.edu. Department of Environmental Protection — Revised DECEMBER 2008 ti October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Frieroly BMP Page 56 of 68 1616 PLANT NEMATODES Nematodes are small, unsegmented roundworms, gen- erally transparent and colorless; most are slender, with bodies from 1 /100 to 1/8 inch long. Only about 10 per- cent of nematodes are estimated to be plant parasites. Nematodes affect plants by damaging the roots, reduc- ing their ability to function. For more information, see: • Nematode Management in Residential Lawns, IFAS Publication ENY -006, htt12; / /edis.ifas.ufl.edu/NG039. Nematode Management for Perennial Landscape Plants, IFAS Publication ENY -051, httl2:Hedis.ifas.ufl.edu/ IN469. • The IFAS website: http7//edis.ifas.ufl.edu/TOPIC Ornamental Pests. PLANT DISEASES Plant pathology is the study of plant diseases. Diseases are caused by microorganisms such as fungi, bacteria, and viruses. Some disease symptoms, such as leaf spots and wilting, are easily seen or measured. Others are difficult to observe (for example, root decay) or are very subtle (for example, shorter growth flushes). Detecting the less- obvious symptoms is more difficult when the diseased plant is the only specimen of its kind in the landscape and cannot be compared with a healthy one. Normally, nonparasitic plant disorders are not included in the study of diseases, but it is still important to rec- ognize them. These disorders include improper planting depth, nutrient imbalances, temperature extremes, toxic chemicals, mechanical injury, water imbalances, and air pollution. Most environmentally induced problems tend to be uniform, whereas disease may show up in spots throughout a field. For more information on plant disease, see the following: • IFAS Publication LH064, Key for Identification of Landscape Turfgrass Diseases, at http: / /edis.ifas.ufl. edu/LH064. • IFAS Publication LH040, Turfgrass Disease Management, at http://edis.ifas.ufl.edu/LH040. DIAGNOSTIC ASSISTANCE The primary role of the Florida Extension Plant Diagnostic Clinics ( FEPDC) is to determine whether symptoms in submitted plant samples involve an infectious causal agent, e.g. fungus, bacterium or virus, or other cultural or environmental factor that causes similar symptoms. The goal of the FEPDC system is to educate clientele by providing plant disease and dis- order diagnoses and recommendations for preventative and therapeutic measures. The FEPDC is a fee -based service provided to any Florida resident by the Plant Pathology Department of the Institute of Food and Agricultural Sciences (IFAS), University of Florida, in conjunction with the Cooperative Extension Service. For more information, the nearest laboratory, and fees, see Sample Submission Guide for Plant Diagnostic Clinics of the Florida Plant Diagnostic Network. Available at: htt12:/Jedis.ifas.ufl.edu/SR007. The OF -IFAS Rapid Turfgrass Diagnostic Service was designed and implemented for managers of high quality turfgrass in Florida. The biggest distinction between this and the standard services provided by the Plant Disease Clinic is the turn - around time for sample results, the direct involvement of the OF Extension Turfgrass Pathologist, and the price charged for the service. The price is $75 (in 2008) and reflects the added costs associated with a full time student dedicat- ed to turfgrass diagnostics with rapid turn - around time. httl2:Hturfpath.ifas.ufl.edu/turfgrass/ral2iddiag.shtml. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- FJori�Fri�dly B P Page 57 of 68 1 References Unless otherwise mentioned, references are available from the Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611, or your county Cooperative Extension Service agent. Florida Lawn Handbook. Trenholm and Unruh, SP45 Third Edition, 2005. http: / /ifasbooks.ufl.edu /. [application development], Florida Center for Community Design and Research). Tampa, Florida: Institute for Systematic Botany, University of South Florida. http://www.plantatlas.usf.edu/default.asl2. IFAS landscape tree and shrub site htLp://hort.ifas.ufl.edu/woo d. Guide to the Vascular Plants of Florida. R.P. Wunderlin. Best Management Practices for Enhancement of 1998. Gainesville, Florida: University Press of Florida. Environmental Quality on Florida Golf Courses, 2007 Florida Department of Environmental Protection. Selecting a Turfgrass for Florida Lawns, L.E. Trenholm, http://wwwdel2. state .fl.us /water /nonpoint/docs/ J.B. Unruh, and J.L. Cisar, IFAS Publication ENH -04. no Vofnt/glfbmp07.pdf. htip: / /edis.ifas.ufl.edu/LH005. Sample Submission Guide for Plant Diagnostic Clinics of the St. Augustinegrass for Florida Lawns, L.E. Trenholm, J.L. Florida Plant Diagnostic Network. Palmateer Et al., 2008. Cisar, and J. B. Unruh, IFAS Publication ENH -5. http: / /edis.ifas.ufl.edu /SR007. http: / /edis.ifas.ufl.edu/LH0I0. OF -IFAS Rapid Turfgrass Diagnostic Service. htLp:flturfpath.ifas.ufl.edu/tur-fgrass/ral2iddiag.shtml. Aquatic Plant Removal Permits: Florida Fish and Wildlife Conservation Commission Invasive Plant Management Section. httl2:Lmyfwc.com/nonnatives/InvasivePlant FDEP NPS Publications Page. http://www.dep.state.fl.us/water/"nonpoinVpubs.htm. Regulation of Landscape Architecture: http://www.myfloridalicense. com/dbpr/pro/larch/. Regulation of Professional Engineering: http: / /www. f bpe. o rg/. DESIGN & INSTALLATION REFERENCES PREPARATION Basic Principles of Landscape Design, D.L. Ingram, IFAS Circular 536. htip: / /edis.ifas.ufl.edu/MG086. Preparing To Plant a Florida Lawn, L.E. Trenholm, IFAS Publication ENH -02. http: / /edis.ifas.ufl.edu/LHO12. Establishing Your Florida Lawn, L.E. Trenholm, IFAS Publication ENH -03. http: / /edis.ifas.ufl.edu/LHO13. Planting Specifications for Landscape Plants, E.F. Gilman, 2003, IFAS Publication ENH 856. h ttp: / /edis. ifas. ufl. edu/EP 112. Atlas of Florida Vascular Plants. R.P. Wunderlin and B.F. Hansen. 2000. (S.M. Landry and K.N. Campbell Landscape Plant Selector, IFAS software publication at htip://ifasbooks.ufl.edu. ENVIRC Environmental Stresses and Your Florida Lawn, L.E. Trenholm, IFAS Publication ENH -153. http://edis.ifas.ufl.edu/EP070. Growing Turfgrass in the Shade, L.E. Trenholm, IFAS Publication ENH -151. httl2://edis.ifas.ufl.edu/EP072. Minimizing Traffic Damage to Your Florida Lawn, L.E. Trenholm, IFAS Publication ENH -152. http://edis.ifas.ufl.edu/EP071. Low Temperature Damage to Turf, L.E. Trenholm, IFAS Publication ENH -80, lip: / /edis.ifas.ufl.edu/LH067. Managing Your Florida Lawn under Drought Conditions, H.C. Jones, C.S. Lippi, and L.E. Trenholm, IFAS Publication ENH -157. http: / /edis.ifas.ufl.edu/EP078. Tips for Maintaining Landscapes During Drought, R J. Black, IFAS Publication ENH 158. http:/Jedis.ifas.ufl.edu/EP091. IRRIGATION REFERENCES STANDARDS Landscape Irrigation and Florida- Friendly Design Standards, December 2006, Florida Department of Environmental Protection. http: / /www.del2.state.fl.us/ water/ waterpolicy/ docs/LandscapelrrigationFlorida Friendlesign.pdf. Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly Q 1p Page 58 of 68 1612 A 174 Florida Building Code – Plumbing, Appendix F. International Code Council 900 Montclair Rd. Birmingham AL, 35213 -1206 (205) 599 -9871 htip://www.floridabuilding.orgMCISOld/bc/default.asl2 or htip://www.iccsaf-e.—o–rg. Standards and Specifications for Turf and Landscape Irrigation Systems, Fifth Edition. December 2005. Florida Irrigation Society, (800) 441 -5341, Address: 9340 56th Street N. Suite 105, Temple Terrace, FL 33617. httl27//www.fisstate.orgLstandardsrevision3.12d f. ASABE Standards 2007. Standards, engineering practices, and data developed and adopted by the American Society of Agricultural and Biological Engineers. 2007. American Society of Agricultural and Biological Engineers, 2950 Niles Rd., St. Joseph, MO 49085. Telephone (269) 429 -0300. http: / /wwwasabe.ore /standards/searchDur.html. National Engineering Handbook Series 210 -VI. November 1997. U.S. Department of Agriculture, Natural Resources Conservation Service, Washington D.C., 20013. http• / /www.ftw.nres.usda.goy /tech ref.html or http: / /directives.sc.egov.usda.gov /. GUIDANCE Turf and Landscape Irrigation Best Management Practices, April 2005. The Irrigation Association. (703) 536 -7080, 6540 Arlington Blvd., Falls Church, VA 22042 -6638. http://www.irrigation.or Florida Automated Weather Network http://fawn.ifas.ufl.edu. Irrigation of Lawns and Gardens, D.Z. Haman, G.A. Clark, and A.G. Smajstrla, IFAS Circular 825, May 1989. htip://edis.ifas.ufl.edu/WI003. Microirrigation in the Landscape, G.A. Clark, IFAS Fact Sheet AE -254. http: / /edis,ifas.ufl.edu/AE076. Field Evaluation of Microirrigation Water Application Uniformity, A.G. Smajstrla, BJ. Boman, D.Z. Haman, D.J. Pitts, and F.S. Zazueta, IFAS Publication AE094, 1997. http: / /edis.ifas.ufl.edu /AE094. Efficiencies of Florida Agricultural Irrigation Systems, A.G. Smajstrla, B.J. Boman, G.A. Clark, D.Z. Haman, D.S. Harrison, F.T. Izuno, D.J. Pitts, and F.S. Zazueta, 1991. http: / /edis.ifas.ufl.edu/AE110. Flushing Procedures for Microirrigation Systems, A.G. Smajstrla and B.J. Boman, IFAS Bulletin 333. htip:Hedis.ifas.ufl.edu/WI013. Guide to Soil Moisture Sensor Use in Florida, 2008, St. Johns River Water Management District htLp://www.sjrwmd.com/floridawaterstaL/Vdfs/ SMS field guide.pdf. Irrigating Landscape Plants During Establishment, E.F. Gilman, IFAS Publication ENH 857. http://edis.ifas.ufl.edu/EPI 13. Lawn Sprinkler Selection and Layout for Uniform Water Application, A.G. Smajstrla, G.A. Clark, and F.S. Zazueta, IFAS Bulletin 230, 1997. htjp7//cdis.ifas.ufl.edu/AE084. Basic Irrigation Scheduling in Florida, A.G. Smajstrla, B.J. Boman, G.A. Clark, D.Z. Haman, ET. Izuno, and F.S. Zazueta, IFAS Bulletin 249, 1988. htLp7//cdis.ifas.ufl.edu/AEIII. Potential Impacts of Improper Irrigation System Design, A.G. Smajstrla, ES. Zazueta, and D.Z. Haman, IFAS Publication SS- AGE -807, November 1988. http://edis.ifas.ufl.edu/AE027. How To Calibrate Your Sprinkler System, L.E. Trenholm, J.B. Unruh, and J.L. Cisar, IFAS Publication ENH 61, January 2001. http: / /edis.ifas.ufl.edu/LH026. Watering Your Florida Lawn, L.E. Trenholm, J.B. Unruh, and J.L. Cisar, IFAS Publication ENH 9, February 2001. http: / /edis.ifas.ufl.edu/LH025. Florida Irrigation Guide. Gainesville, Florida: U.S. Department of Agriculture, Natural Resources and Conservation Service, 2006. httl2://www.fl.nrcs.usda.go . Turf Irrigation for the Home, ES. Zazueta, A. Brockway, L. Landrum, and B. McCarty, IFAS Circular 829, April 1995. http: / /edis.ifas.ufl.edu /AE144. Irrigation System Controllers, F.S. Zazueta, A.G. Smajstrla, and G.A. Clark, IFAS Publication AGE -32, Bulletin 294, July 1994. htip: / /edis.ifas.ufl.edu /AE077. MULCHING, MOWING, AND PRUNING REFERENCES Mulches for the Landscape, R.J. Black, E.F. Gilman, G.W. Knox, and K.C. Ruppert, IFAS Publication ENH 103. http://edis.ifas.ufl.edu/MG251. Mowing Your Florida Lawn, L.E. Trenholm, J.B. Unruh, and J.L. Cisar, IFAS Fact Sheet ENH10, January 2001. http://edis.ifas.ufl.edu/LH028. Pruning Landscape Trees and Shrubs, E.F. Gilman and R.J. Black, IFAS Circular 853. http://edis.ifas.ufl.edu/MG087. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florda FZndly BMP Page 59 of 68 A17 16 Pruning Shade Trees in the Landscape at http: //hort,ifas.ufl,edu /wood /pnining/. Mangrove Trimming Guidelines for Homeowners. Tallahassee, Florida: Florida Department of Environmental Protection. http://www.dep.state.fl.us Vwater/wetlands/mangroves/. FERTILIZATION REFERENCES Fertilization and Irrigation Needs for Florida Lawns and Landscapes, L.E. Trenholm, E.F. Gilman, G.W. Knox, and R J. Black, IFAS Publication ENH 860 2002. http://edis.ifas.ufl.edu/EPI 10. Fertilization Recommendations for Landscape Plants, G.W. Knox, T.. Broschat, and RJ. Black, IFAS Publication ENH 858 2002. http: / /edis.ifas.ufl.edu/EP114. General Recommendations for Fertilization of Turfgrasses on Florida Soils, J.B. Sartain, IFAS Publication SL -21, 2007. http://edis.ifas.ufl.edu/LHO14. The Florida Fertilizer Label, J.B. Sartain and W.R. Cox, 2002 httj2:fledisJfas.ufl.edu/SS 170. Seashore Paspalum for Florida Lawns, IFAS Publication CIR 1244, Trenholm and Unruh, 2002. http://edis.ifas.ufl.edu/EP059. Fertilization of Field -grown and Landscape Palms in Florida, 2005, IFAS Publication ENH 1009. htip://edis.ifas.ufl.edu/EP261. Nutrient Deficiencies of Landscape and Field -grown Palms in Florida, 2005, IFAS Publication ENH 1018. httl2:Hedis.ifas.ufl.edu/EP273. How to Calibrate Your Fertilizer Spreader, McCarty and Sartain, 2003, IFAS Publication ENH 62, httl2://edis.ifas,ufl.edu/LH024. Selected Fertilizers Used in Turfgrass Fertilization, J. Sartain, IFAS Circular CIR -1262, 2001. http://edis.ifas.ufl.edu/SS318. Soil Testing and Interpretation for Florida Turfgrasses, J.B. Sartain, IFAS Publication SL -181, 2001. httj2:Hedis.ifas.uf1.edu/SS317. Standardized Fertilization Recommendations for Environmental Horticulture Crops, G. Kidder, E.A. Hanlon, T.H. Yeager, and G.L. Miller, IFAS Publication SL141, 1998. http: / /edis.ifas.ufl.edu /CN011. Technical Memorandum - Estimation of Nitrogen Loading from Residential Irrigation, April 2008, Tampa Bay Estuary program. ham: / /www.tbel2tech.oraertilizer/ FertilizerHomePage.html. Evaluation of Current Stormwater Design Criteria within the State of Florida (Harper and Baker, 2007, FDEP Contract S0108). httD://ww-w.deD.state.fl.us/water/nonDoint/docs/ nonpoint/SW TreatmentReportFinal 71907.pdL Weather Terminology: http: / /severe.worldweather.org/rain/ and httl2://www.wrh.noaa.gov/sew/MediaGuide/Terms Outlooks Watches Warnings.pdf. PESTICIDE REFERENCES Many documents are available on the Florida Department of Environmental Protection's Nonpoint Source Management Publications web page at http://www.dep.state.fl.ustwater/noni2oint-/pubs,htm. FDACS Bureau of Entomology and Pest Control at (850) 921 -4177 or at http://www.flaes.orjz/aes-en Bureau of Compliance Monitoring at (850) 488 -3314 or at http: / /www.flaes.ore/ c omplimonitoring/index. html. Pesticide and Chemical Reportable Quantities: http://www.floridadisaster.orgLc42s/SERC/htcl.htm. Operation Cleansweep htW://www.dep.state.fl.us/waste/categorie s/ cleansweep- pesticides/. Best Management Practices for Agrichemical Handling and Farm Equipment Maintenance, Florida Department of Agriculture and Consumer Services and Florida Department of Environmental Protection, 1998. httD://www.floridaagwaterDolicv.com/PDF/Bmi)s/ BmjAgrichemicalEguil2mentl998. pdf. Agrichemical Handling Facility, Code 309. 2008. U.S. Department of Agriculture, Natural Resources Conservation Service, P. O. Box 141510, Gainesville, FL 32605. Telephone (352) 338 -9555. http: / /efotg.nres.usda, goy /references/public/FU fl309 March 2008.12df. Broadcast Boom Sprayer Calibration, T.W. Dean, IFAS Pesticide Information Sheet PI -24. http://edis.ifas.ufl.edu/Pl016. Broadcast Boom Sprayer Nozzle Uniformity Check, T.W. Dean, IFAS Pesticide Information Sheet PI -23. htip://edis.ifas.ufl.edu/Pl015. Designing Facilities for Pesticide and Fertilizer Containment. MWPS -37. Revised 1995. Midwest Plan Service, 122 Davidson Hall, Iowa State University, Ames, IA 50011 -3080. Telephone (515) 294 -4337. http://www.m=s.or . Department of Environmental Protection — Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelicar Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 60 of 68 b kZ A 17 Diseases of Landscape Woody Ornamentals, G. W. Simone, PP/PPP 57, htip:Hedis.ifas.ufl.edu/PP108. Key for Identification of Landscape Turfgrass Diseases, M.L. Elliott and G.W. Simone. htip://edis.ifas.ufl.edu/LH064. Commercial Applications of Insecticides and Miticides in the Green Industry, E.A. Buss, 2006, IFAS Publication ENY -337, http: / /edis.ifas.ufl.edu/IG145. Insect Pest Management on Turfgrass, Buss and Turner 2004, htip: / /edis.ifas.ufl.edu/IG001. In -depth profiles of insects, nematodes, arachnids and Nematode Management in Residential Lawns, other organisms that are of interest. Featured Creatures W.T. Crow, 2007, IFAS Publication ENY -006, at http: / /creatures.ifas.ufl.edu. http: / /edis.ifas.ufl.edu/NG039. Information on ornamental pests: http: / /edis.ifas.ufl.edu/TOPIC Ornamental Pests. Integrated Pest Management in the Commercial Ornamental Nursery, Mizell and Short, 2006, IFAS Publication ENY -336, http: / /edis.ifas.ufl.edu/IG144. Insect Management on Landscape Plants, E.A. Buss and D.E. Short, IFAS Publication ENY -338. http: / /edis.ifas.ufl. edii/ /pdffiles/IGIIGO 1300,pdf, Nematode Management for Perennial Landscape Plants, W.T. Crow, 2007, IFAS Publication ENY -051, htip://edis.ifas.ufl.edu/IN469. Pesticide Container Rinsing, T.W. Dean and O.N. Nesheim. hLLp://edis.ifas.ufl.edu/Pl003. Turfgrass Disease Management, M.L. Elliott and G.W. Simone. http: / /edis.ifas.ufl.edu/LH040. FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 61 of 68 1612 A17 APPENDIX A: IMPORTANT TELEPHONE NUMBERS ?ORT THE FOLLOWING INFORMATIC) For Ambulance, Fire, or Police Dial 911 State Warning Point 24 hours Toll -Free • 1 (800) 320 -0519 Department of Community Affairs, or Division of Emergency Management (850) 413 -9911 National Response Center 24 hours Toll -Free • 1 (800) 424 -8802 (Federal law requires that anyone who releases into the environment a reportable quantity of a hazardous substance [includ- ing oil when water is or may be affected], or a material identified as a marine pollutant, must immediately notify the NRC). FDEP Emergency Response Jacksonville (904) 807 -3246 Orlando (407) 893 -3337 Ft. Lauderdale (954) 958 -5575 Ft. Myers (239) 332 -6975 Tampa (813) 744 -6462 Panama City (850) 872 -7650 Pensacola (850) 595 -8300 Tallahassee (850) 245 -2010 (For chemical hazard information)'' CHEMTREC HOTLINE (Emergency only) 24 hours Toll -Free • 1 (800) 424 - 9300 Department of Environmental Protection — Revised DECEMBER 2008 0 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly 'aMP Page 62 of 68 & % & State Emergency Response Commission Florida Department of (NOT a 24 -hour number) 1 (800) 635 -7179 Environmental Protection District Offices (This telephone number is for follow -up reporting under state Northwest (Pensacola) (850) 595 -8300 spill reporting requirements. In an emergency, call the State Warning Point [see Emergency Reporting Telephone Numbers Northeast (Jacksonville) (904) 807 -3300 on the preceding page). If federal reporting is required, also call the National Response Center [see Emergency Reporting Central (Orlando) (407) 894 -7555 Telephone Numbers on the preceding page.) - Southeast (West Palm Beach). (561) 681 -6600 Florida Friendly Landscapes Program University of Florida (352) 392 -1831 x330 Southwest (Tampa) (813) 632 -7600 Florida Department of Agriculture South (Ft. Myers) (239) 332 -6975 and Consumer Services Bureau of Entomology Water Management Districts and Pest Control (850) 921 -4177 Local Toll -free Northwest Florida Bureau of Pesticides (850) 487 -0532 (Tallahassee) (850) 539 -5999 Bureau of Compliance Monitoring (850) 488 -8731 Suwannee River (Live Oak) (386) 362 -1001 1- 800 - 226 -1066 Florida Department of Environmental Protection Stormwater/Nonpoint Source St. Johns River Management Section (Tallahassee) (850) 245 -7508 (Palatka) (386) 329 -4500 1- 800 - 451 -7106 Hazardous Waste Southwest Florida Management Section (850) 245 -8707 (Brooksville) (352) 796 -7211 1- 800 - 423 -1476 Mangrove Trimming Section (850) 245 -8482 South Florida (West Palm Beach) (561) 686 -8800 1- 800 -432 -2045 Sunshine State One Call (locator service) 811 or 800 - 432 -4770 Nvs�iv.callsunshine.com FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries Department of Environmental Protection — Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 63 of 68 1612 L, APPENDIX B: FLORIDA COOPERATIVE EXTENSION SERVICE TELEPHONE NUMBERS City Telephone s Alachua Gainesville (352) 955 -2402 Baker Macclenny (904) 259 -3520 Bay Panama City (850) 784 -6105 Bradford Starke (904) 966 -6224 Brevard Cocoa (321) 633 -1702 Broward Davie (954) 370 -3725 Calhoun Blountstown (850) 674 -8323 Charlotte Punta Gorda (941) 764 -4340 Citrus Inverness (352) 527 -5700 Clay Green Cove Springs (904) 284 -6355 Collier Naples (239) 353 -4244 Columbia Lake City (386) 752 -5384 Dade Homestead (305) 248 -3311 Desoto Arcadia (863) 993 -4846 Dixie Cross City (352) 498 -1237 Duval Jacksonville (904) 387 -8850 Escambia Pensacola (850) 475 -5230 Flagler Bunnell (386) 437 -7464 Franklin Apalachicola (850) 653 -9447 Gadsden Quincy (850) 875 -7255 Gilchrist Trenton (352) 463 -3174 Glades Moore Haven (863) 946 -0244 Gulf Wewahitchka (850) 639 -3200 Hamilton Jasper (386) 792 -1276 Hardee Wauchula (863) 773 -2164 Hendry LaBelle (863) 674 -4092 Hernando Brooksville (352) 754 -4433 Highlands Sebring (863) 386 -6540 Hillsborough Seffner (813) 744 -5519 Holmes Bonifay (850) 547 -1108 Indian River Vero Beach (772) 770 -5030 Jackson Marianna (850) 482 -9620 Jefferson Monticello (850) 342 -0187 Lafayette Mayo (386) 294 -1279 Lake Tavares (352) 343 -41.01 Lee Ft. Myers (239) 533 -4327 Department of Environmental Protection — Revised DECEMBER 2008 FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries A17 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 64 of 68 2 Leon Tallahassee (850) 606 -5200 Levy Bronson (352) 486 -5131 Liberty Bristol (850) 643 -2229 Madison Madison (850) 973 -4138 Manatee Palmetto (941) 722 -4524 Marion Ocala (352) 671 -8400 Martin Stuart (772) 288 -5654 Monroe Key West (305) 292 -4501 Nassau Callahan (904) 879 -1019 " Yulee (904) 548 -1116 Okaloosa Crestview (850) 689 -5850 " (alt- phone) (850) 729 -1400 x5850 Okeechobee Okeechobee (863) 763 -6469 Orange Orlando (407) 254 -9200 Osceola Kissimmee (321) 697 -3000 Palm Beach West Palm Beach (561) 233 -1700 Pasco Dade City (352) 521 -4288 " New Port Richey (727) 847 -8177 Pinellas Largo (727) 582 -2100 Polk Bartow (863) 519 -8677 Putnam East Palatka (386) 329 -0318 St. Johns St. Augustine (904) 209 -0430 St. Lucie Fort Pierce (772) 462 -1660 " Port St. Lucie (772) 337 -5684 Santa Rosa Milton (850) 623 -3868 Sarasota Sarasota (941) 861 -5000 Seminole Sanford (407) 665 -0311 Sumter Bushnell (352) 793 -2728 Suwannee Live Oak (386) 362 -2771 Taylor Perry (850) 838 -3508 Union Lake Butler (386) 496 -2321 Volusia DeLand (386) 822 -5778 " Daytona Beach (386) 257 -6012 " New Smyrna Beach (386) 423 -3368 Wakulla Crawfordville (850) 926 -3931 Walton DeFuniak Springs (850) 892 -8172 Washington Chipley (850) 638 -6180 FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries A17 t October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP pang RF of RR 1612 A17 APPENDIX G RULE 5E- 1.003(2) LABELING REQUIREMENTS FOR URBAN TURF FE �TILIZERS Effective Dec. 31, 20'07 (2) FERTILIZER LABEL REQUIREMENTS FOR URBAN not exceed an application rate of 1.0 lb of TURF, SPORTS TURF OR LAWNS. P205/1,000 ft2 and that subsequent applications (a) Definitions shall be made with products meeting the defini- 1. "Urban Turf' or "Lawns" means non agricul- tion of Low or No Phosphate fertilizers. The tural land planted in closely mowed, managed term "Starter Fertilizer" shall be part of the grasses except golf courses, parks and athletic brand name. fields. 2. "Sports Turf' means non agricultural land planted exclusively for golf courses, parks and athletic fields. 3. "No Phosphate Fertilizer" means fertilizer products with phosphate levels below 0.5% intended for established urban turf or lawns. 4. "Low Phosphate Fertilizer" means fertilizer products intended for new or established urban turf or lawns, with phosphate levels equal to or above 0.5% or as provided in paragraph (2)(b). 5. "Starter Fertilizer" means a fertilizer formulat- ed for a one -time application at planting or near that time to encourage root growth and enhance the initial establishment. 6. "Established Urban Turf' means urban turf older than 12 months. 7. "New Urban Turf' means urban turf estab- lished less than 12 months. (b) Fertilizer products labeled for use on sports turf, urban turf or lawns shall be no phosphate or low phosphate and have labeling that meets the restrictions set forth in this rule for the applica- tion of nitrogen. 1. No phosphate fertilizers shall not contain more than 0.5% of available phosphate expressed as P205. The "grade" shall indicate a zero guarantee. 2. Fertilizers labeled as Low phosphate shall have use directions that do not exceed an appli- cation rate of 0.25 lbs P205/1000ft2 per applica- tion and not to exceed 0.50 lbs P205/1000ft2 per year. Label use directions may be included that allow higher rates if an annual soil sample repre- sentative for the site shows the need for a higher application rate. 3. Fertilizers labeled as, or formulated for use as, starter fertilizer shall have use directions that do 4. Fertilizers labeled as urban turf, sports turf, or lawn fertilizer shall have directions for use for nitrogen that: a. Are consistent with the recommenda- tions in the following table: Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state. b. Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen per 1000 ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein. Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate. 5. The following language shall appear conspic- uously on bags of fertilizer sold at retail: "Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn/ garden, and sweep any product that lands on the Department of Environmental Protection - Revised DECEMBER 2008 Nitrogen recommendations (Ibs N / 1000 ft2 / year)' Species North Central South Bahia grass 2 -3 2 -4 2 -4 Bermuda grass 3 -5 4 -6 5 -7 Centipede grass 1 -2 2 -3 2 -3 St. Augustine grass 2 -4 2 -5 4 -6 Zoysiagrass 3 -5 3 -6 4 -6 North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state. b. Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen per 1000 ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein. Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate. 5. The following language shall appear conspic- uously on bags of fertilizer sold at retail: "Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn/ garden, and sweep any product that lands on the Department of Environmental Protection - Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 66 of 68 1 6 A17 1 driveway, sidewalk, or street, back onto your lawn/garden." (c) Specialty fertilizers labeled for urban turf or lawns shall have directions for use that include 1. Application rates for phosphorous shall not exceed 0.25 lbs. P205/1000 ft2 per application and not exceed 0.50 lbs. P205/1000 ft2 per year. Label use directions may be included that allow higher rates if an annual soil sample representa- tive for the site shows the need for a higher application rate. 2. Application rates for nitrogen shall not exceed 0.7 lbs of readily available nitrogen per 1000 ft2 at any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb total N per 1000 ft2 to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida. Use directions for nitrogen may be included that allow higher rates if an annual tis- sue sample representative of the site shows the need for a higher application rate. 3. Rates shall be expressed in units of weight or volume per unit of area coverage (where applica- tion rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight). 4. Rates shall be expressed per 1000 square feet. 5. Maximum coverage area per container or bag shall be displayed prominently on the front of the container or bag. (i.e. This product covers 5000 square feet; This bag feeds 4000 square feet). (d) Fertilizers labeled for sports turf at golf courses, parks and athletic fields shall: 1. Have directions for use not to exceed rates recommended in the document titled SL191 "Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich I Extractant ", dated March 2007, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: htLV:Hedis.ifas.ufl.edu/SS404. 2. Have directions for use in accordance with the recommendations in "BMP's for the Enhancement of Environmental Quality on Florida Golf Courses ", published by the Florida Department of Environmental Protection, dated January 2007. Copies may be downloaded from http://www.del2. state fl us /water /nonl o> int/pubs htm. (e) Fertilizers other than specialty fertilizers labeled for urban turf shall: 1. Have directions for use not to exceed rates recommended in the document titled Best Management Practices for Protection of Water Resources in Florida, June 2002, Florida Green Industries., which is hereby adopted and incor- porated by reference into this rule. Copies may be obtained from htip://www.dei2.state.fl.us/wate r/ nonnoint/docs /nonpoint/BMP Book final .pd (f) Existing Stock — Licensees are permitted to sell or distribute products that do not meet the label requirements of the rule for one and one -half years after the effective date of the rule. Products at the retail level on or after the effective date of the rule are permitted to be offered for sale. .S FLORIDA FRIENDLY BEST MANAGEMENT PRACTICES for Protection of Water Resources by the Green Industries October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 67 of 68 1612 A17 For Ambulance, Fire, or Police Dial 911 State Warning Point 24 hours Toll -Free 1- 800 - 320 -0519 Department of Community Affairs, or (850) 413 -9911 Division of Emergency Management National Response Center 24 hours Toll -Free 1- 800 -424 -8802 (Federal law requires that anyone who releases into the environment a reportable quantity of a hazardous substance [including oil when water is or may be affected], or a material identified as a marine pollutant, must immediately notify the NRC). FDEP Emergency Response Jacksonville (904) 807 -3246 Orlando (407) 893 -3337 Ft. Lauderdale (954) 958 -5575 Ft. Myers (239) 332 -6975 Tampa (813) 744 -6462 Panama City (850) 872 -7650 Pensacola (850) 595 -8300 Tallahassee (850) 245 -2010 CHEMTREC HOTLINE (Emergency only) 24 hours Toll -Free 1- 800 - 424 -9300 Department of Environmental Protection m Revised DECEMBER 2008 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Florida Friendly BMP Page 68 of 68 1612 A174 ,QROIEC m 0 UFjnMMk IfAS Extension October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Turrell Hall Nutrient Study Proposal for the Pelican Bay Foundation Page 11 of 4 16l2 A17' EXHIBIT B TURRELL, HALL & Assocuns. INc. MARINE clt I•KVIROArMEN7AL COMYULTING 3584 Exchange Avenue. Suite B • Naples. Florida 34104 -3732 • (239) 643-0166 a Fax 643 -6632• taurensiitturret }- a » aciates.wm May 14, 2011 James Iloppensteadt Pelican Bay Foundation, Inc. 6251 Pelican Day Blvd. Naples, FL 34 t OS Re. Proposal for Professional Fnvirunmental Services Dear Mr. Hoppensteadr Turrell, Hall & Associates, Inc. is pteased to provide you with this amended proposal for environmental services. We appreciate that the Foundation is still interested in creating a nutrient management plan as a means of implementing a proactive approach to managing and improving upland water quality contributor standards. Pelican Bay is a unique planned community. well known for its gulf-front preserve and its overall environmental sensitivity. The approximately 3 square mile location spans between the beach and Tarniami Trait, from Vandlerbilt Beach Chive south to Seagate Boulevard. The community consists of single- and multi- family residences, passive and recreational areas. natural preserve areas, and a limited amount of upscale commercial development Even though the environment was in the foretiont of the development of Pelican flay, concerns have arisen in the last decade throughout the State of Florida that indicate a proactive stance should be taken with respect to improving the management of stormwater and reducing nutrient and other contaminattt inputs into the water management system. As discussed in our previous proposals, the nutrient management plan we propose will be designed to focus on three main aspects: Nutrient Inputs — mapping the flow of water and nutrients throughout the development. Since eater is the major mode of transport for nutrients and other contaminants to reach the open waters of Gann Bay, the water flow through these basins will be mapped. NVe are aware that Grady Waor has done work in this area for Pelican Bay, and u:c will incorporate their work product into ours for consistency and cost - effectiveness. The research into accumulating the plans and compiling the inrortnation into a single doc:umenVexhibit is included in this work component. Major water collection areas such as s%vales and pipes, lakes, and connections between The takes will be mapped_ This wilt allow us to decide on the most advantageous locations fox sampling sites, which we will coordinate with the known PBSD collection sites to avoid any duplicate sampling. This task includes several additional components such as i Differentiating and mapping all of the pervious and impervious surfaces within the community. This is useful in terms of knowing how much of each area (conummity, .neighborhood, condominium, etc.) is able to percolate water through the ground and how much runs directly into the storm water system. Further breaking down the pervious surfaces between lawn, landscape areas, golf course. and others can also be used to estimate nutrient requirements and applications within the system. 0 Identifying points where nutrients,4sediment enter the system is done as part of the 11 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Turrell Hall Nutrient Study Proposal for the Pelican Bay Foundation Page,2 of 4 1612- A mapping. figuring out which neighborhood or areas of neighborhoods flow into each detention area and lake can help to track down problems if high nutrient/sediment tenets are detected during the water quality testing component of the program. 2. Water Quatlty -- collection and laboratory testing of the surface, waters at key focal points throughout the system. 't'llis NAill be used to: Identify beneficial and negative components relative to helping improve Neater quality Identify potential changes that could be made to improve the cleansing capabilities of the w-Mer management system. Y Irrigation waters being used throughout the community will also be collected under this task to determine their contributing nutrient values, as well as to monitor if this changes over time. J-1 A certified laboratory will be used to analyze the samples collected- 3. Soil Analysis — it is important to know the soil makeup with the identified bas-in(s). Soil can affect absorption rates as a morking knovvlcdt e of the soil composition can help to determine the appropriate constituent parts of applied € ertilizers. Soil analysis will also be useful data information for landscapers to have in order to make proper plant material recommendations throughout the community. Collecting soil samples at representative sites throughout the community aW having the samples analyzed by certified tab(s) will be part of this task. F. Landscapc Management Thcre are multiple fertilizer, herbicide, and pesticide application guidelines which could be considered for Pelican. Bad. Our goal is to present a Management Plan that could be adopted community -wide by Pelican Bay that will be consistent with what the County may adopt and with what the City of Naples already requires. We will also incorporate IFAS, Conservancy, and outer relevant agency recommendations that make sense for Pelican Bay. Selecting which BMI P's and management options are incorporated into the Platt will depend on the water flow, irrigation, and soil within Pelican Bay. Once this Plan has been formulated, the following three tasks will then be implemented: t Communicating the landscaping maintenance standards to the property owners in Pelican. Bav, condominium associations, single family homeourners, commercial entities, and the Pelican Ray Services Division. Turrell, Ball & Associates will work with the foundation to create a ".Landscaping Field Guide" that can be distributed to all property owners. and produce a series of Pelican Bay Post articles that detail: - When fertilization should be dome. The tiuliae of fertilization efforts can be compared to the water quality results to determine if nutrient levels observed are ambient, are based on continual trickling inputs. or are the result of initial flushes immediately following fertilizer applications. - The type and quantities of fertilizer and pesticides used between the different associations and communities. Identifying types of input.% including fertilizers, pesticides, herbicides, silt or other materials that can he suspended in the water column. We feel this is an important component in terms of being able to make recommendations for changes. Identifying the types and brands of applications that work better (more taken up rather than run -off) within the community would be very helpftd in arguing changes that can be 12 October 18, 2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Turrell Hall Nutrient Study Proposal for the Pelican Bay Foundation Page 3 of 4 1612A17 made to reduce inputs into the water bodies throughout flu development. i lavipg praeticanl real -life examples (both good and bad) to show other n-Nidents should help to get people to consider alternatives, Developing Entoreetnent Procedures -- the Pe ter y foundation seaty will need to l now how to inspect for compliance of the lar*seap ig nnaitttCuancc standards. Turrets, lfall & Associates will develop lags for landscapers to maintain r r all applications as well as eltecklists for Foundation staff to use when inspecting a landscaper applying fertilizers, herbicides, or pesticides. lvtonitoring to ensure that the landscape maintenance standards arc; cin-clive, and to biz able to report efforts to respective regulatory agencies, on- going, monitoring readings ofthe sates, and regularly generated reports are essential. Turrell, halt and Associates will conduct quarterly readings of the sites to develop detgncr unde:rsurnding of how nutrients and sediment move though the system, during different weather seasons, and landscape maintenance schedules. Patterns and trends will ix identtfted, and seasonal adjustments to standards and enforcement will be recommended Tbc- goals of this proposed plan am to identify areas where improvctuent-, can be made, matte recommendations to miniative impacts to the adjacent preserve and crater body, and to collect data to evidence improvements or revise annual recommendations accordingly. t.Arr nutrient rttanagement plan will include recommendations for water conservation and improved soil and water quality, It will also include training sessions with Pelican Bay Foundation personnel. and interested residents with suggestions for improving fertilizer and pesticide application methods. The overall goat of the Program is to reduce nutrients, suspended solids, and heavy metals from accumulating in the water bodies on -site. The program also includes follow up, inspection -. and compliance verification with respect to contractor training; and implementation of any recommendations made and adopted by the Foundation. COSTS Based on revisions to the proposal and ongoing discussions with Foundation representative*, it is estimated that the plan pri� -pat stion, nrmpping coordination. and data collection mvill cost around S l F8AK),00 for the tirst pear. The cost breakdown that went into this estimate includes the foltowing ; Component 1 Niharicat inputs ($44,000 - $50,000) > .'serial mapping. survey, and ground truthing efforts associated with creating GIG, shapefiles of pervious and impervious areas in each Basin and community. ($20,000 - $2S,000 depending on amount ofground verification needed froth aerial lvork) i- Research and compilation of storntwater permits and exhibits to create G1S shapefile of hater flows through the development. ($5.000 - $10.000 depending on what is readily available and what would have to be resc:amhed more in depth through old permit file reviews and groundtruthing) k- Data sorting. compilation and manipulation nc oo", ary to create maps and exhibits for reporting and presentations (S l S,OW) Component 2 Water Quality (S47.00U) v Collection of water (and sediment loading) samples (4xiyear). ($8,4001year) 13 October 18, 2012 Ciam Bay Subcommittee of the Pelican Bay Services Division Board 3. Landscaping Best Management Practices (BMP) -- Turrell Hall Nutrient Study Proposal for the Pelican Bay Foundation Page 4 of 4 161Z ' 174 r Lab costs for analyzing samples. Initial year's testing will include metals (capper. lead, zitu, arsenic, and ca dmitun). Subsequent years will not include metals if no problems are seen during the first year. ($27, 20011' year., Sl9,500fsubsequent years) Compilation and reporting on all components of the Program. ($l t, #00) Component 3 — Soil ($5:500) 3 collection of Soil samples (I time). (S I,fI00) ? l,ab costs for analyzing samples. ($3.200) > Mapping and reporting on soil characteristics, and their respective benttits and challenges. ($3,500) Component 4 -- Landscape Management Plan ($12,500) l>evetop written landscape maintenance standards including time .siren applications can be doge, products that can he used, application rates, etc. ($5,000) y Produce ctritten l,io&- caping, guide for Pc lean Bay and web site page to reside with the Foundation's web site. ($2.5011) i tyevclop landscaper guideline packet with rctcvant applicable standard criteria (pennissible products, application rates, application timefratnes), and reporting rcefuiretnents (application €og). t)evelop training for Foundation staff ott rF °hat to took for. and how to inspect a landscaper applying fertilizers, herbicides; or pesticides.. fss,1jt10) Water quality and fertilizer application data will then be collected for an additional four years and used to track changes within the identified basins to document improvements or identify areas there further suggestions cat's be implemented, for improvements. An atutual report will he generated broken down by hnsin to document the data collected, identify any changes observed, list any recommendations felt necessary„ and update the :Foundation on the status of the project. Annual data collection and report generation is estimated to cost $40,000 per year (roughly $8,000 per basin). This is slightly higher than the original proposal due to adding in the sediment collection and analysis componnal. would be happy to meet with you or the Foundation :Board to #urtiter discuss this program and answer any additiottat questions you or they may hare. Please feel free to call me to discuss this further. Sincerely, `timothy Hall 14 I a 0 a m 0 0 •N a U N 8 U7 a O T T m co m � C � v U as �m o m U U U d O C U N E (n N T c I co m E U � N m O � N'a W U N � N � 9 � r O O N + - 6 U O ri a a `s CL t` Y • s i i i • s e S N IN IV O m o� .5; co 00 Co f6 CO E mE m U oU d d N � 0 m ow N U ir■ w U Ea o m � E U) a T N N C cp E UmN N rp V V N p � N O Cc N J 01 O ri a /PC L -C m ■co 0 �X m 75; V O U) U ^O Y..L P1 ') V ,,! 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N O C (0 j U Q ca F U T a L C C O O J N 76 O N N N N Q O T V N N 0 O N O L O Oda 1612 A17' E 0 U E, 7 C O O (6 C co 2 � N N C f6 j > m (D U n . m H U T a � C C m o J . i6 N � CD C O N N N . N 07 a N � � N U O i612 A17 0 0 0 .N 0 U N U) co T D] C U (L a� 0 0 m m E U U) G N E N C (6 >N � A oU CL F U T N a C C M O J .i N i6 CD C N o N 06 2 O_ O T Cp N � N O O N O Q U Oa ', e, 161 Z A17 lk . 16 12 Q (m,, xi� 7, wm PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit ]BY: . .............. NOTICE OF PUBLIC MEETING WEDNESDAY, NOVEMBER 7,2012 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION ON WEDNESDAY, NOVEMBER 7 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FL. AGENDA The agenda includes, but is not limited: Fiala T� 1. Pledge of Allegiance Hiller 2. Roll Call Henning 3. Agenda Approval Coyle 4. Approval of Meeting Minutes Coletta a. September 5 Pelican Bay Services Division Board Regular Session b. September 24 Pathways Ad -Hoc Committee c. October 9 Clam Bay Subcommittee d. October 18 Landscape Water Management Subcommittee 5. Administrator's Report a. Crosswalks i. North Tram station visibility improvements ii. North Tram pedestrian crossing signal iii. Myra Janco Daniels crossing b. Landscape intersection improvements c. Berm L South berm restoration ii. North berm maintenance d. County Transportation Department's Myra Janco Daniels Blvd. pathways and roadway paving e. Monthly financial report 6. Committee Reports a. Pathways Ad -Hoc Committee i. Recommended approach* ii. Selecting arborist iii. Resident survey b. Clam Bay Subcommittee i. STORET water quality data recommendation* fV,sc. COrres: ii. Copper impairment in Clam Bay iii. Dredging update c. Landscape Water Management Subcommittee i. Copper impairment in upland ponds Item ii. Alternatives to copper sulfate Community outreach 7. Chairman's Report a. Board policy for reconsideration of votes (John Chandler) b. Announcements 8. Old Business a. Cobblestones at San Marino crossing (John Chandler) 9. New Business 10. Audience Comments 11. Miscellaneous Correspondence 12. Adjournment Conies to: *indicates Board vote is anticipated ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THATA VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749 OR VISIT PELICAN BAYSERVICESDIVISION.NET. 11/6/2012 10:03:04 AM 16 I e A17 PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,SEPTEMBER 5,2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday, September 5, 2012 at 1:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, Florida. The following members were present: Pelican Bay Services Division Board Keith J.Dallas,Chairman Susan O'Brien Tom Cravens,Vice Chairman Dave Trecker absent John P.Chandler absent Mary Anne Womble Geoffrey S.Gibson John Baron absent John Iaizzo Hunter H.Hansen absent Michael Levy Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present Susan Boland,President,Pelican Bay Property Owners Association Kevin Carter,Field Manager,Dorrill Management Group Tim Hall, Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President,Pelican Bay Foundation Kathy Worley, Co-Director Environmental Science&Biologist,Conservancy of Southwest Florida AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of August 1 Pelican Bay Services Division Board Regular Session Minutes 5. Administrator's Report a. Crosswalks i. Revised decibel readings report ii. North Tram station visibility improvements iii. North Tram pedestrian crossing signal iv. Myra Janco Daniels crossing b. Landscape intersection improvements c. County's Pelican Bay Boulevard pathways"overlay" d. Berm i. South berm restoration ii. North berm maintenance e. Board of County Commissioners Budget Hearing/Sept.6 at 5:05 p.m. f. Clam Bay Work Group meeting recap g. Monthly financial report 6. Chairman's Report Committee assignments b. Announcements 7. Committee Reports a. Clam Bay Subcommittee i. Clam Bay bird&fish survey ii. Subcommittee mission statement;proposed name change for Board revie b. "Pathways"Ad-Hoc Committee(Dallas) 8. Old Business 9. New Business a. Clam Bay copper impairment/Landscape Water Management Sub • fut s) b. Clam Bay dredging permit(Marcia Cravens) 10. Audience Comments Miscellaneous Correspondence 12. Adjournment 8567 Pelican Bay Services Division Board Regular Session Minutes ),' `n 7 September 5,2012 4 ` ROLL CALL Seven members were present (Cravens, Dallas, Gibson, laizzo, Levy, O'Brien, Womble) and four were absent (Baron, Chandler,Hansen,Trecker). AGENDA APPROVAL IVice Chairman Cravens made a motion, second by Ms. Womble to approve the agenda as presented The Board voted unanimously in favor and the motion was passed. APPROVAL OF AUGUST 1 REGULAR SESSION MINUTES IVice Chairman Cravens made a motion,second by Mr. Levy to approve the August 1,2012 Pelican Bay Services Division Board Regular Session minutes as presented. The Board voted unanimously in favor and the motion was passed. AUDIENCE COMMENTS Mr. Jerry Moffatt and Ms. Mollie Moffatt alleged the Board made arbitrary decisions regarding tree removal by authorizing tree removal at the North Tram station, but not at the intersection of Hammock Oak and Pelican Bay Boulevard. However several trees were removed on Hammock Oak. Chairman Dallas explained staff made a reasonable decision to remove three trees on Hammock Oak to improve visibility heading north. However Mr.Iaizzo did not agree. ADMINISTRATOR'S REPORT CROSSWALKS REVISED DECIBEL READINGS REPORT Mr. Dorrill explained staff repeated the sound testing at Beachwalk and North Tram station crossings that have cobblestones installed; and for comparison purposes, on Pelican Bay Boulevard at the intersections of Gulf Park Drive and Crayton Road that do not have cobblestones. Decibel readings were higher than the original tests that could be attributed to the wind,but again were insignificant.Board consensus was to delay further discussion until November. NORTH TRAM STATION VISIBILITY IMPROVEMENTS Mr. Dorrill reported that landscaping improvements are underway at the North Tram station to improve line-of- • and project should be complete in approximately ten days. Ms.O'Brien asserted there were additional line-of-sight issues from the south heading north. PEDESTRIAN CROSSING SIGNAL AT NORTH TRAM STATION UPDATE Mr. Dorrill referred to photographs of the type of pedestrian crossing signal that he recomme ,,:® i-e i*0:1 ed at the North Tram station. The signal is self-contained, affixed to a single post, flashes an amber-light, pe= + activated by pressing a button, solar-powered with a wireless transmitter and receiver; and the County agree*-°+ .'ntain i stimated the County would issue the right-of-way permit next week and it would be thirty days until equips a ®: Vice Chairman Cravens made a motion, second by Mr. Gibson to ,jai, fou ontained pedestrian-activated crossing signals at the North Tram station. Th€til. > , ,ted ously in favor and the motion was passed. ' MYRA JANCO DANIELS CROSSING �' Mr.Lukasz reported the right-of-way permit should be issues - wee . %aroj ffcomplete in thirty days. 8568 ," Pelican Bay Services Division Board Regular Session Minutes L A - September 5,2012 16 1 V LANDSCAPE INTERSECTION IMPROVEMENTS The Phase II landscape intersection improvements in the medians at Myra Janco Daniels, Crayton, Glenview, North Pointe,and Hammock Oak are complete.A significant amount of money was saved because the work was done in-house. COUNTY'S PELICAN BAY BOULEVARD PATHWAYS"OVERLAY" Mr. Dorrill reported the pathways overlay is in progress. He was pleased with the work and expects the project complete by the end of September. Chairman Dallas presented before and after pathways photographs. He was also pleased with the work. Mr. Moffatt reported that County crews working on the pathways damaged L'Ambiance irrigation heads as well as Asiatic Jasmine beds at Hammock Oak and Oakmont and denied responsibility for repairs. BERM SOUTH BERM RESTORATION Mr. Dorrill reported that although the Board of County Commissioners approved Quality Enterprises' contract via the County Manager"in absentia"on August 14,the County failed to execute it. As a result,the project's start date was delayed. However Mr.Dorrill would resolve as early as today and no later than Tuesday, September 11 so the project does not need to be further postponed.During the construction period the entire south berm facility will be closed and for safety purposes, a locked fence will be built around the site perimeter. The work will take approximately sixty days and the project should be complete before Thanksgiving. NORTH BERM MAINTENANCE Mr. Dorrill explained that several months ago, Vice Chairman Cravens observed erosion on the east and west sides of the north berm. Currently, staff is performing minor maintenance work. Certain sections of the north berm would be closed temporarily.However this is a short-term project and he expects work to be complete this month. He added that staff is holding off on major restoration because the volume of fill necessary would require similar permitting to the south berm restoration project and could cost upwards of$250,000. BOARD OF COUNTY COMMISSIONERS BUDGET HEARING/SEPTEMBER 6 AT 5:05 PM Mr.Dorrill announced that he will attend the Board of County Commissioners Budget Hearing on September 6 at 5:05 p.m.to present the Pelican Bay Services Division's Fiscal Year 2013 Proposed Budget. Vice Chairman Cravens made a motion, second by Mr. Levy that the Pelican Bay Services Division Board reaffirms support for the original Fiscal Year 2013 Proposed Budget that was recommended , the Budget Subcommittee, approved by the full Board and submitted to the Board of C1' Commissioners. The Board voted unanimous) in avor and the motion was sassed. CLAM BAY WORK GROUP MEETING RECAP Mr. Dorrill reported that he and Chairman Dallas attended a Coastal Zone Management ',_ ment . -ting and were briefed on a variety of Clam Bay issues including water quality. The Florida Departmei _ �s ::_ `. -n Protection (FDEP) found elevated levels of copper in Clam Bay which could be attribute d to cope sulfat- ■it-s Division uses copper sulfate to treat algae and is exploring alternative algae treatments. Staff dis!;:iy4;041iP devi047.t uses ultrasonic wave technology to break apart algae at the molecular level without harming the. A m ent. There is a direct correlation between fertilization and elevated nutrient levels in adjacent waterw ayht4 er t -vi plied heavily in October and November and he suggested the Board consider testing the ultrasonic de: e <-ral locations. Staff will gather more information about the device includitri :;-terue,m ° : @`;g options and report back. 8569 s Pelican Bay Services Division Board Regular Session Minutes 6 7 1 _ , September 5,2012 i"� Ms.O'Brien was concerned that there was no record or minutes of the meeting. V Mr. Dorrill clarified that the meeting was not a public meeting, so minutes were not taken, but staff would obtain the material presented from Mr.McAlpin and distribute to the Board. Ms.Marcia Cravens alleged Mr.Gary McAlpin was developing a Clam Bay management plan covertly. Ms. Womble explained department-levels staff meetings are routine and necessary to evaluate issues before bringing to higher-ups; and suggested Ms. Cravens file a complaint with the appropriate entity if she feels Mr. McAlpin's conduct is unethical. Mr. Dorrill further recommended that Ms. Cravens request from the Coastal Advisory Committee (CAC) that Mr. McAlpin present staff-level work group reports at CAC public meetings. FINANCIAL REPORTS IVice Chairman Cravens made a motion,second by Mr. Levy to accept the August 2012 financial report into the record. The Board voted unanimously in favor and the motion was passed. CHAIRMAN'S REPORT COMMITTEE ASSIGNMENTS Chairman Dallas assigned Mr. Levy to the Clam Bay Subcommittee; Mr. Chandler to the Landscape Water Management Subcommittee; and appointed Ms. O'Brien as Interim Chairman of the Clam Bay Subcommittee until the Subcommittee could decide. BOARD TERMS As five members terms are expiring in March 2013,the Board briefly revisited the possibilities of staggering terms and advertising openings. ANNOUNCEMENTS Chairman Dallas announced upcoming meetings: Coastal Advisory Committee meets September 13 in the evening; Pelican Bay Foundation Board meets September 21 at 8:30 a.m.; the"Pathways" Ad-Hoc Committee meets September 24 at 3 p.m.;and the Services Division Board's next meeting is October 3. COMMITTEE REPORTS CLAM BAY SUBCOMMITTEE SUBCOMMITTEE RESPONSIBILITIES/CLAM BAY BIRD AND FISH SURVEY Mr. Levy explained several years ago, the County reduced many of the Pelican Bay Services Divisi•ri a ., funds and responsibilities and shifted those funds and responsibilities to another County entity. As a result,t ices Divisi. does not have sufficient funds available to perform additional studies, such as a bird and fish survey. Apo, : . members were less concerned about cost and agreed that a bird and fish survey was within the realm of Clam bcommittee responsibilities. Ms. Kathy Worley, Conservancy of Southwest Florida explained that prior to submitti . . •. . erform a bird and fish survey she needed to know what the Services Division's objectives were. eco 414.4!„-'s that the Clam Bay Subcommittee meet to define the objectives for performing a bird and fish surv- li • -those < -stablished she would submit a proposal with the cost. Mr.Tim Hall agreed. The Subcommittee decided to schedule a meeting to develop obj- .,'� or . a « •- d fis survey and eventually make a recommendation to the full Board. Interim Chairman O'Brien requ - 4 • -y a i-V r. Hall participate,as well as Ms. Cravens who Interim Chairman O'Brien tasked with developing an o' fish .,p_,.ird survey objectives. 8570 ,,= r Pelican Bay Services Division Board Regular Session Minutes I ' A171 September 5,2012 "PATHWAYS"AD-HOC COMMITTEE(KEITH DALLAS) Chairman Dallas explained that on September 24 at 3 p.m.,the"Pathways"Ad-Hoc Committee will meet to review the proposed approach for studying pathways and trees and decide on the recommendation to make to the full Board on October 3. The proposal would be distributed prior to the meeting. NEW BUSINESS CLAM BAY COPPER IMPAIRMENT/LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE Vice Chairman Cravens announced the Landscape Water Management Subcommittee would meet Thursday, October 18 at 1 p.m. to discuss educating the community about landscaping best management practices and water quality issues including Clam Bay copper impairment. Ms. Worley explained that in a water body, copper sulfate does not dissolve; it sinks to the bottom and binds to the sediment;the sediment must be removed to eliminate the copper. Mr. Hall said he is not available to participate on October 18, but if the nutrient study data is prepared Mr. Hoppensteadt would distribute to the Subcommittee. CLAM BAY DREDGING PERMIT(MARCIA CRAVENS) Ms. Marcia Cravens presented information that she had previously put forward at the June 4 Clam Bay Subcommittee meeting regarding the Clam Bay dredging permit alleging the permit application allows for more extensive dredging and wider cuts than what was permitted in 1998 and requested the Board's support. Chairman Dallas informed Ms. Cravens that the Clam Bay Subcommittee already addressed this issue and decided not to take action. Ms. Womble agreed that the Clam Bay Subcommittee would need to discuss whether to re-address this issue; and requested that future agenda items include first and last names so it is clear who is presenting an item. AUDIENCE COMMENTS Ms.Mollie Moffatt was concerned about traffic and the tree trimming schedule. Mr.John Domenie was not pleased with the yellow bromeliads planted at intersections along Pelican Bay Boulevard. ADJOURNMENT IVice Chairman Cravens made a motion to adjourn. The motion was seconded and the Board voted unanimously in favor. The motion was passed and the meeting was adjourned at 3:41 p.m. Keith J.Dallas,Chairman Minutes by LRJ 9/13/201 ti.7:;="*.7,'''. - ALT 8571 . 1612A171 AD-HOC COMMITTEE TO DEVELOP AN APPROACH FOR STUDYING PATHWAYS&TREES OF THE PELICAN BAY SERVICES DIVISION BOARD MEETING MINUTES MONDAY,SEPTEMBER 24,2012 LET IT BE REMEMBERED that the Ad-Hoc Committee to Develop an Approach for Studying Pathways and Trees of the Pelican Bay Services Division Board met on Monday, September 24, 2012 at 3:00 PM at the Community Center at Pelican Bay,8960 Hammock Oak Drive,Naples,Florida. The following members were present: Ad-Hoc Committee to Develop an Approach for Studying Pathways&Trees Keith J.Dallas,Chairman Dave Trecker Tom Cravens Mary Anne Womble Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst absent Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present John Iaizzo,Pelican Bay Services Division Board Susan O'Brien,Pelican Bay Services Division Board 14 in the audience ROLL CALL All Ad-Hoc Committee members were present. DISCUSSION OF DRAFT APPROACH FOR STUDYING PATHWAYS&TREES Chairman Dallas presented the proposed draft approach to study pathways and trees. SELECTION OF CERTIFIED ARBORIST Mr.Dorrill reported that Ms.Ellin Goetz,the Board's Landscape Architect recommended selecting certified arborist Mr.Ian Orlikoff,Signature Tree Service who is the same arborist Mr.Richard Galli hired to evaluate trees along Pelican Bay Boulevard.Mr.Dorrill attempted to contact Mr.Orlikoff to discuss interest in becoming the community arborist and potential tree service contractor-type conflicts and planned to provide report on October 3. The Committee directed staff to prepare and distribute on October 3 additional background information about Mr.Orlikoff and Mr.Doug Caldwell,Institute of Food and Agricultural Sciences(IFAS). AUDIENCE COMMENTS The audience supported the approach and plans to conduct a community survey. DECISION ON APPROACH FOR STUDYING PATHWAYS&TREES TO RECOMMEND TO FULL BOARD The Committee discussed the draft approach for studying pathways and trees and plans to conduct a commu e regarding pathways usage and preferences for marking bicycle lanes in the roadway. The Committee was please v .°the i . ` approach and agreed the study would take two years to complete. Dr. Trecker made a motion, second by Ms. Womble that the Ad-Hoc Committee make a recoi'V %� d to the full Board to approve the pathways project outline as presented with an understanding tha ey would be expedited and the entire process completed by the end of the 2014 season. - ,mmit ,I unanimously in favor and the motion was passed _ ADJOURNMENT Mr. Cravens made a motion,seconded by Chairman Dallas to adjourn. l vo unanimously in favor,the motion was passed,and the meeting was adjourned at 4:03 p. r Keith J.Dallas,Chairman by Lisa Resnick 9/26/2012 10:19:28 AM 16 12A17 , . _ CLAM BAY SUBCOMMITTEE MEETING MINUTES • TUESDAY,OCTOBER 9,2012 LET IT BE REMEMBERED that the Clam Bay Subcommittee of the Pelican Bay Services Division Board met on Tuesday,October 9 at 1:00 p.m.at the Community Center at Pelican Bay,8960 Hammock Oak Drive,Naples, Florida 34108.The following members were present: Clam Bay Subcommittee Susan O'Brien,Chairman Michael Levy Tom Cravens Mary Anne Womble Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present Tim Hall,Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Kathy Worley,Director of Environmental Science,Conservancy of Southwest Florida Three(3)attendees AGENDA 1. Roll call 2. Elect Chairman 3. Clam Bay restoration and management update a. Review of 2011 and 2012 Clam Bay aerial photos b. Update on channel maintenance and exotic removal c. Expenses to-date d. Date for 2012 Clam Bay restoration and management annual report to be available to Subcommittee 4. Clam Bay water quality data and STORET 5. Dredging permit 6. Fish and bird surveys 7. Date and topics for next Subcommittee meeting 8. Audience Comments 9. Adjourn ROLL CALL All Subcommittee members were present. ELECT CHAIRMAN Mr. Cravens made a motion,seconded by Ms. Womble to nominate Interim Chairman O'Brien as Chairman of the Clam Bay Subcommittee. The Subcommittee voted unanimously in favor and the motion was passed. CLAM BAY RESTORATION AND MANAGEMENT UPDATE REVIEW OF 2011 AND 2012 CLAM BAY AERIAL PHOTOS Mr.Tim Hall presented 2011 and 2012 Clam Bay aerial infrared photographs and conclude :rily that there were no observable differences between last year and this year. UPDATE ON CHANNEL MAINTENANCE AND EXOTIC REMOVAL Mr.Hall reported that channel maintenance work was completed in the worst affec . : _ •unty completed exotic removal along the beach;the Services Division removed most o' ,,;otics': , gst the mangroves and staff continues to monitor and maintain the area. EXPENSES-TO-DATE The Subcommittee briefly discussed Fiscal Year 2012 Cl. A. - -n l .Dorrill noted that due to higher water levels and safety concerns additional turbidity scra d .s pur = for e south berm restoration to control erosion which increased the total cost of the project by$ 4 t B, 10 ''''.V- Clam Bay Subcommittee Meeting Minutes - October 9,2012 ESTIMATED DATE TO REVIEW 2012 ANNUAL REPORT Mr.Hall estimated that the draft Clam Bay restoration and management annual report would be available • before the end of December for the Subcommittee to review. CLAM BAY WATER QUALITY DATA AND STORET Mr.Hall reported that entering water quality data into STORET is not within the scope of his current contract;and estimated that the software and service would cost approximately$10,000 in year one;and$6,000 yearly thereafter. Ms. Womble made a motion,seconded by Mr. Cravens to make a recommendation to the Board to authorize up to$10,000 in the first year to have Turret!Hall and Associates enter water quality data into STORET. The Subcommittee voted unanimously in favor and the motion was passed. DREDGING PERMIT Ms.Marcia Cravens,Conservation Chairman, Sierra Club presented information regarding the Clam Bay dredging permit that showed the original 1998 permit authorized a wider dredge cut design that was revised in 1999 to authorize only a thirty-foot wide dredge cut.Ms. Cravens alleged that that 2007 dredge cut of eighty feet violated the federal and state permit. Dr.Ted Raia,President,Mangrove Action Group presented triggers for dredging. Ms. Womble made a motion,seconded by Mr. Cravens to direct the Administrator to request information and provide report to the full Board on November 7 as to what kind of situation prevailed in 2007 that would have allowed a dredge cut wider than what the permit authorized. The Subcommittee voted unanimously in favor and the motion was passed. FISH AND BIRD SURVEYS Chairman O'Brien reported that previously,Ms.Marcia Cravens had requested the Services Division perform fish and bird surveys;Ms.Kathy Worley explained that in order to develop proposals for fish and bird surveys,she needs to know what the survey goals and objectives are;Mr.Dorrill suggested that the Subcommittee also find out what the purpose and importance of bird and fish surveys are;and Ms.Worley and Mr.Hall would provide the Subcommittee with copies of some previous surveys. DATE AND TOPICS FOR NEXT SUBCOMMITTEE x The Subcommittee agreed to meet toward the end of November to discuss fish and bird surveys and the :e foot dredge cut,but would wait to schedule until after the November 7 full Board meeting. AUDIENCE COMMENTS None ADJOURN Il I _ Mr. Cravens made a motion,seconded by Mr.Levy to adjourn. The Subcom , , anz r ly in favor,the motion was passed,and meeting adjourned at 2:54 p.m. l �.e Susan O'Brien,Chairman Wc1O/15/2O12 4:37:04 PM E1 11 strrirm X51 16" 2A17 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE MEETING MINUTES THURSDAY,OCTOBER 18,2012 LET IT BE REMEMBERED that the Landscape Water Management Subcommittee of the Pelican Bay Services Division Board met on Thursday,October 18 at 1:00 p.m.at the Community Center at Pelican Bay, 8960 Hammock Oak Drive,Naples,Florida 34108.The following members were present: Landscape Water Management Subcommittee Tom Cravens,Chairman Geoffrey S.Gibson John Chandler absent Dave Trecker Keith J.Dallas Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Seven in audience AGENDA 1. Roll call 2. Possible alternatives for use of copper sulfate to control algae/duckweed 3. Landscaping best management practices(BMP) a. Pelican Bay Services Division employees utilization of BMP b. Pelican Bay community outreach regarding the importance of BMP 4. Audience Comments 5. Adjournment ROLL CALL With the exception of Mr.Chandler,all Subcommittee members were present. POSSIBLE ALTERNATIVES FOR USE OF COPPER SULFATE TO CONTROL ALGAE/DUCKWEED Chairman Cravens explained that algae and duckweed grow in fresh water bodies in Pelican Bay and there are instances where duckweed will become so prolific that it will cover the entire surface,depleting oxygen and sunlight killing plants and other organisms. The method of choice because of its cost-effectiveness is copper sulfate. However there is evidence of copper impairment in both fresh water lakes and in Clam Bay and the goal of this Subcommittee is to address the problem which is caused by excessive and improper use of fertilizer. Mr.Lukasz explained that the Services Division uses copper sulfate primarily to control algae;and • (Diquat)to control duckweed.He presented alternative methods to using copper sulfate in the freshwater_; including introducing bacteria;introducing bacteria in conjunction with aeration to increase levels o vea oxygen and reduce nutrients and algae blooms;applying herbicide(Hydrothol);and installing sonar teiVil which physically breaks up algae,but was not recommended. Mr.Lukasz recommended using bacteria in conjunction with aeration and littoral :r,1-1 . o d implement in fresh water lakes in Basin III to test effectiveness of reducing nutrients and alg. : o, electric power for aeration is available in Basin III and would not require pure insta , ore costly solar-powered aerators. The Subcommittee agreed with Mr.Lukasz'recommendation to test , - " tiv- of introducing bacteria with aeration and littoral plantings in Basin III fresh Ovate , e. research the cost, 13 it A 1 7 Landscape Water Management Subcommittee of the Pelican Bay Services Divis `;oard October 18,2012 • including pre and post bacteria water quality monitoring of nutrient and copper levels;and the cost to monitor nutrient and copper levels in all fresh water lakes communitywide. The Subcommittee would recommend this to the full Board on November 7. Mr.Dallas suggested that prior to implementation in the lakes to inform the abutting associations. LANDSCAPING BEST MANAGEMENT PRACTICES(BMP) PBSD EMPLOYEES' UTILIZATION OF BMP Chairman Cravens observed that although PBSD employees were trained and certified in landscaping BMP,employees do not utilize landscaping BMP in the field. PELICAN BAY COMMUNITY OUTREACH REGARDING THE IMPORTANCE OF BMP The Subcommittee discussed developing a video or publication to educate residents about the importance of landscaping BMP;monitoring nutrient levels of the Services Division's fresh water lakes and maintaining a separate database from the Foundation.Chairman Cravens and Dr.Trecker would draft separate proposals to discuss at the next Subcommittee meeting. PRESENTATIONS Vice Chairman Cravens presented photographs of the south berm restoration project and information about white fly ficus infestation,treatments,and alternative plantings. ADJOURNMENT IDr. Trecker made a motion,second by Mr.Dallas to adjourn. The Subcommittee voted unanimously in favor and the meeting was adjourned at 236 p.m. Tom Cravens,Chairman Minutes by Lisa Resnick 10/24/2012 1:07:16 PM 4 b" 'lily_,,f,„ '', 4� 14 164 2A17 November 7, 2012 Pelican Bay Services Division Board Regular Session 5b. Administrator's Report - Landscape intersection improvements (Comments by Phil and Judy Gutermuth) Page 1 of 1 From: judesterz @aol.com [mailto:judesterz @aol.com] Sent: Monday, October 29, 2012 7:17 PM To: office @pelicanbayservicesdivision.net Subject: Median Landscaping Mr. Chairman, We have just returned for the fall and winter. We were VERY DISAPPOINTED in the LACK of annuals planted in the medians. The perennial landscaping is attractive, but the lack of flowers is extremely noticeable at the intersections of PB Blvd. and Myra Daniels, North Pointe and Hammock Oak. There are NO FLOWERS, just the green ground cover which is very dull and way too much. A little of that goes a long way. I would think you would want some color and flowers especially in the area at the Phil. We hope you will reconsider and plant some beautiful flowers as we have had many years in the past at these intersections. Thanks for your consideration. Phil and Judy Gutermuth St. Maarten 161 �A17 LP-4 MAT604— " — — — — — — — — — — �1_ LP-2 PI 5 > 0- J 3 0 it I > P V 7, 0 LP-2 LP-1 Seal & Signature Ellin Goetz - FL#I 152 > 4A 0 a, M -4 P - I "- x M a 4A q 0— 0- 'z 'z 9- c W: tr 0 Fr c M. z :c > EP r or 0� X M 0— Z z z e IM 0 *0 0* AM 0 No 0; jj ca a! j 0; 0 0 p si- 'o' 'o a r- r 0. iE i Z. p S s a 0 a a V — S 0 0 0 2 0 0 ------------- ------------- -- + > 4A 0 a, M -4 P - I "- x M a 4A q 0— 0- 'z 'z 9- c W: tr 0 Fr c M. z :c > EP r or 0� X M 0— Z z z e IM 0 *0 0* AM 0 No 0; jj ca a! j 0; 0 0 p si- 'o' 'o a r- r 0. iE i Z. p S s a 0 a a V — S 0 0 0 2 0 0 0 0 000 O O oe oa MATCHLI LP --------- ------ LP __ _7 e. GOETZ+STROPES LA I SCAPI ARCHITECTS INC. 185 TENTH STREET SOUTH NAPLES FLORIDA 34102 • 1.2 9.643.0077 www.gsnoples.com PLANTING PLAN E-mail egoetz@gsnapies.com / bbromley@gsnapies.com o O O n Q Q. ngg 0 0 000 O O oe oa MATCHLI LP --------- ------ LP __ _7 e. GOETZ+STROPES LA I SCAPI ARCHITECTS INC. 185 TENTH STREET SOUTH NAPLES FLORIDA 34102 • 1.2 9.643.0077 www.gsnoples.com PLANTING PLAN E-mail egoetz@gsnapies.com / bbromley@gsnapies.com 000 O O oe oa MATCHLI LP --------- ------ LP __ _7 e. GOETZ+STROPES LA I SCAPI ARCHITECTS INC. 185 TENTH STREET SOUTH NAPLES FLORIDA 34102 • 1.2 9.643.0077 www.gsnoples.com PLANTING PLAN E-mail egoetz@gsnapies.com / bbromley@gsnapies.com MATCHLI LP --------- ------ LP __ _7 e. GOETZ+STROPES LA I SCAPI ARCHITECTS INC. 185 TENTH STREET SOUTH NAPLES FLORIDA 34102 • 1.2 9.643.0077 www.gsnoples.com PLANTING PLAN E-mail egoetz@gsnapies.com / bbromley@gsnapies.com November 7, 2012 Pelican Bay Services Division Board Regular Session 6ai. Pathways Ad -Hoc Committee - Recommended approach` Page 1 of 2 September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees of the Pelican Bay Services Division Board 2. Discussion of draft approach for studying pathways and trees "PBSD Pathways Project Draft 6.3" V PBSD PATHWAYS PROJECT DRAFT 6.3 A17 Purpose To provide the basis for an informed PBSD decision for community pathways and long -term tree canopy enhancements along Pelican Bay Blvd. Public Participation The entire project will be designed to encourage public participation. As each phase of analysis is developed, the process and results of analysis will be presented in open town hall type meetings that encourage public questions and comments. The final recommendations will only be developed after the analysis phase is completed, and will be based on the consensus of the community's reactions. Step 1: Select Experts - Engineer; and - Certified Arborist (details regarding possible ways to choose the aborist will be discussed at the September 24 Committee meeting) Step 2: Experts' Assignment - Evaluate selected and representative large trees along length of Pelican Bay Boulevard to determine tree health and remaining lifetime, using 10 -15 trees in 2 sections: o The Commons to North Tram Station, and o Northeast of North Tram Station to US 41 - Evaluate impact of various root barriers and pathway widths on selected and representative nearby trees in the above sections, for the following scenarios: • Existing 5 -foot pathway • 6 -foot pathway • 8 -foot pathway - Evaluate impact to selected trees of County's recent asphalt overlay - Evaluate cost and impact to trees of using alternative materials to construct pathways: • Asphalt • Concrete - Produce written analysis documenting the above work that is specific, complete, and that can be understood by the community and PBSD Board Step 3: PBSD Board's AssiPBSD Board's Assi n - Conduct a statistically sound resident survey regarding: • Frequency of use of pathways for walking, jogging, and biking • Frequency of use of Blvd. for biking • Determine preference for marking Blvd. for bicycle lanes: • Keep Blvd. as is; or • Restripe with one 12 -foot lane for vehicles; and one 12- foot lane dedicated to bicycles; or • Restripe with one 12 -foot lane for vehicles only; and one 12 -foot lane to be shared by both vehicles and bicycles (Sharrow); or • Restripe with two 10 -foot lanes for vehicles; and one 4 -foot lane for bicycles - Have staff revisit County practice and codes for pathways and bicycle usage Page 1 of 2 November 7, 2012 Pelican Bay Services Division Board Regular Session 6ai. Pathways Ad -Hoc Committee - Recommended approach` Page 2 of 2 September 24, 2012 Ad -Hoc Committee to Develop an Approach for Studying Pathways & Trees of the Pelican Bay Services Division Board 2. Discussion of draft approach for studying pathways and trees "PBSD Pathways Project Draft 6.3" A17 PBSD PATHWAYS PROJECT DRAFT 6.3 1612 Step 4: Develop Recommended Approach Approach - Board and staff will recommend a comprehensive approach to be used for pathways and tree canopy along Pelican Bay Blvd, including: • Type of root barriers • Pathway widths • Pathway materials • Recommended changes to the tree canopy - The recommendations will also incorporate estimated cost to implement and general implementation schedule - Report will be broadly disseminated to the community and discussed at public town hall session during season Step 5: Board Makes Final Decision ReBoard Makes Final Decision Re arm - Type, width, and placement of pathways and tree canopy - Bicycle markings for Blvd. - Possible timing - Actual vote to occur in season, after specifics have been broadly disseminated to the community Revised 911412012 3:06:15 PM KJD & LRJ Page 2 of 2 November 7, 2012 Pelican Bay Services Division Board Regular Session 6aiii. Pathways Ad -Hoc Committee - Resident Survey (by Keith J. Dallas, Chairman) Page 1 of 2 1 7 PBSD Resident Survey 161eA� Pathways /Bike Lanes Overall Objectives • Survey a statistically selected group of residents (or all) regarding their usage and views on pathways and potential bike lanes. • Chairman and staff outline possible survey, to be reviewed by Ad Hoc Pathway Subcommittee. • Then work with professional firm to finalize and administer survey. • Survey should be specific enough that all responders are working with the same facts, • But short enough that residents will complete the survey. Specifically • Questions should be designed to avoid begging the question. • Should the survey be mailed ( ?) to all ( ?) residents? • Pathways • Ask about current usage of pathways, and bike riding on pathways versus Boulevard. • Ask if people are comfortable with current pathways, and if not, why. • When conflicts occur between trees and pathway maintenance, which is more important? Maybe describe alternative approaches and ask if they agree /disagree. • Should the PBSD be spending money maintaining pathways if County does not? • Bike Lanes o Describe different approaches to bike lanes on PBB and have residents rank their preferences: • No Bike Lanes • Dedicate one 12 foot lane to bikes. • Reduce vehicular lanes to 10 foot each, and add 4 foot bike lane. • Sharrow • Repaving PBB Earlier • Describe option of loaning County funds to resurface PBB • County would repay PBSD at future date. • Should PBSD consider loaning the money? November 7,2012 Pelican Bay Services Division Board Regular Session 6aiii.Pathways Ad-Hoc Committee-Resident Survey(by Keith J.Dallas,Chairman) Page2of2 161 ? . • Landscaping 7 o Ask if people like new landscaping? o Leave space for comments. o Should we be considering changes at our 3 entrances off US41? • Landscaping? • Brick Pavers? • Lighting o Describe need to replace lighting, and current funding plan. o Describe approach of new LED lighting on extensions to afford better lighting. o Describe schedule for replacement originally envisioned. o Should we be accelerating that schedule? o Should we be also considering replacing poles when replacing fixtures? KJD 11/6/12 November 7,2012 Pelican Bay Services Division Board Regular Session 6ci. Landscape Water Management Subcommittee-Copper impairment in upland ponds f _ Page 1 of 5 1 1 2A17 1 _ _ From:James Hoppensteadt[mailto:jimh @pelicanbay.org] Sent:Sunday,October 14,2012 11:03 PM To:Jerry Moffatt; Mary Johnson; Noreen Murray; Robert W. Uek;robpender @gmail.com; Ronnie Bellone(vbellnpls @yahoo.com); Suzanne Minadeo;William Carpenter Cc: 'Keith Dallas'; neil @dmgfl.com; McAlpinGary; LukaszKyle; ResnickLisa; daniel.hammond @cardno.com;Tim Hall; Doug.Durbin @cardno.com; Sherona Mills; Bridget Nunez; Frank Laney;JohnSusanBoland @aol.com Subject: FW: FDEP response to Clam Bay comments Importance: High Attached is the letter Dan Hammond received from FDEP on copper impairment and dissolved oxygen. Don's comments are below. The results are exactly as we had hoped for. First let me emphasize how fortunate we are to be represented by such exceptional professionals and have such valued relationships. As you know,it was the County's staff which first caught wind of FDEP's recent focus on Clam Bay. Because of our established working relationship,the County included the Foundation immediately in discussions. We were able to harness the expertise and ongoing work of Dan Hammond and Tim Hall,and Dan was able to craft well supported technical letters to FDEP. The contacts and relationships of both the County,and our professional consultants were important factors as well as we reached out proactively to FDEP. Really an outstanding example of the power of effective public-private partnerships and of being prepared strategically—in this case,both outcomes of our last 18-months of working with the County on water quality,Clam Bay markers,and dredging. However,as you will see,we still have work to do on the copper impairment issue. Dan Hammond and Tim Hall are working with Kyle Lukasz on reducing the use of copper sulfate and helping to identify alternates. This effort will have to be a priority of both the PBSD and the Foundation involving not only significant operational changes—which may require more funding,but also substantial education of the community about what is being done and why. Attached is the letter I received today from FDEP in response to the comments we submitted regarding the DO and copper issues in Clam Bay. It is good news on both fronts;here is a brief synopsis... Dissolved Oxygen—FDEP agreed with our assessment of DO in Clam Bay and that Clam Bay exhibits healthy biological conditions. They have agreed to move Clam Bay to a category 4c for DO,which means that no TMDL will be pursued. Clam Bay DO is a natural condition and does not constitute an impairment. Copper—It was good to get our comments on file with FDEP,but they have decided to continue with the impairment listing for copper. It will be finalized in December or January. The good news is that they have given it a medium priority,which means they will not move forward with TMDL development for at least 5 years. This gives us plenty of time to generate a water quality management plan for copper and get it approved by FDEP. Once approved and implemented,FDEP can move Clam Bay to a category 4e or 4b,both of which mean they can remove the waterbody from the list of waters needing a TMDL. So although there is still more work to do with regard to copper(which we expected),we are already on the right track and we have plenty of time to avoid TMDL development. Daniel G.Hammond SENIOR PROJECT SCIENTIST CARDNO ENTRIX Sincerely, J Jim Hoppensteadt President Chief Operating Officer 1 : 'S 4 Pelican Bay Foundation,Inc. 6251 Pelican Bay Blvd. Naples,Florida 34108 Tel: 239.260.8460 Cell: 239.398.7074 Fax: 239.597.6927 pelicanbay.org *****The information transmitted is intended only for person or entity to which it is addressed and may contain confidential and/or privileged material.If the reader of this message is not the intended recipient,you are hereby notified that you have received this message in error and that any review,dissemination,distribution or copying of this message including any attachments is strictly prohibited.If you received this in error,please contact the sender and delete the material from any computer. ***** October 8, 2012 Mr. Daniel G. Hammond Cardno ENTRIX 3905 Crescent Park Drive Riverview, FL 33578 Dear Mr. Hammond: November 7, 2012 Pelican Bay Services Division Board Regular Session November 7, 2012 Pelican Bay Services Division Board Regular Session 6ci. Landscape Water Management Subcommittee - Copper impairment in upland ponds Page 2 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399 -2400 RICK SCOTT GOVERNOR JENNIFER CARROLL LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY 1612 A17 Thank you for your comments regarding the draft assessments for the Everglades West Coast basin. It is important that we receive input from interested stakeholders to ensure accurate assessments of Florida's waters. This letter is in response to your comment letters received via e-mail dated July 25 and 31, 2012. In the evaluation of these waterbodies, our assessment takes into consideration whether the results are representative of the current conditions of the waterbody. Please keep in mind that the assessments you commented on were conducted in June and all of the WaterBody IDentification assessment units (WBIDs) identified in your letter will be reassessed using the most recent data available to produce revised assessments. Your questions and/or comments are provided below, or excerpts when comments included graphs and tables or were lengthy; with our response immediately following. Cardno ENTRIX — Clam Bay Conger comment: The current dataset used to evaluate Clam Bay for copper conforms to the requirements of the Impaired Waters Rule (62 -303, F.A.C.); however the existing data may not provide an accurate representation of current conditions with respect to copper concentrations. Of the 12 exceedances observed in the samples, five have associated comments stating that a small or moderate amount of particulate was observed in the sample. These comments indicate that error may have occurred during sample collection. Since all of the exceedances were observed in Middle and Upper Clam Bay, where flushing is lowest and potential re- suspension of sediments is greatest, the potential for error during sample collection is also greatest. The comments associated with the analysis state that the copper concentration was confirmed in the undigested sample. While this may confirm that the preservative itself may not have contributed to the copper concentration in the sample, it does not mean that sampler error didn't contribute to the concentration. Since FDEP Standard Operating Protocols dictate the sample for copper be preserved in the field with nitric acid, a proportion of particulate would be dissolved during preservation and release copper into the water: Therefore, even in the undigested sample, the potential exists for particulates in the bottle to result in an unrepresentative amount of copper observed during analysis. Based on the comments associated with the copper analyses, it is appropriate to conduct further sampling that include split field filtered and unfiltered samples to confirm observed copper concentrations accurately reflect current conditions and are not associated with effects of sample collection. I- - November 7, 2012 Pelican Bay Services Division Board Regular Session 6ci. Landscape Water Management Subcommittee - Copper impairment in upland ponds Page 3 of 5 Daniel G. Hammond A �, 7 Page 2 16 1'2 October 8, 2012 Aside from the potential issues with copper analysis, the Foundation and Collier County recognize that the major freshwater inputs to Clam Bay are associated with stormwater discharge. In an effort to identify the potential effect this discharge may have on Clam Bay, the Foundation and Collier County are currently working together with Turrell, Hall & Associates, Inc. to develop a water quality management action plan to identify potential water quality issues and implement solutions where necessary. This plan includes four distinct management efforts: 1) Mapping the flow of water through the developed areas to Clam Bay; 2) Soil analysis to improve fertilization techniques; 3) Water quality monitoring to identify sources of potential contaminants and document improvements following action plan implementation; and 4) Landscape management through the creation of a guidebook providing protocols for fertilizer, herbicide, and pesticide application. This effort will allow for the identification of potential sources of copper to Clam Bay, provide and implement source control solutions (if necessary) and monitor the effectiveness. Finalization of a copper impairment in Clam Bay and development of a TMDL at this time may hinder or slow current management plans designed to improve water quality in Clam Bay by diverting scarce water resource management funds to a TMDL driven implementation plan from the current stakeholder, locally driven water quality management effort. In summary, the Pelican Bay Foundation, Collier County Coastal Zone Management Department and Cardno ENTRIX request the Florida Department of Environmental Protection (FDEP) allow Clam Bay (WBID 3278Q1) to remain on the Planning List for copper during this cycle and allow the affected stakeholders to implement the currently developed management action plan. Leaving Clam Bay on the Planning List for copper would allow the affected stakeholders to work with FDEP to implement a robust sampling plan to identify if the perceived impairment is representative of actual conditions in Clam Bay or the result of sample collection efforts. In addition, stakeholders will implement the management action plan, identify if copper is an issue in stormwater runoff, propose and implement solutions (where necessary) and monitor the improvement to Clam Bay. If an actual copper impairment exists in Clam Bay, the implementation of the management plan will document improvement and allow the locally affected stakeholders to continue cost effective water quality management and oversight of this key southwest Florida water resource. FDEP Resuonse - Clam Bav Coaxer: Clam Bay (WBID 3278Q1) is impaired for copper based on meeting the requirements of the Impaired Waters Rule (IWR rule: 62 -303, F.A.C.) with 12 exceedances/25 samples during the cycle 3 verified period (January 1, 2005 — June 30, 2012). As you state in your comment, of the 12 exceedances observed in the samples, five had comments stating a small or moderate amount of particulate was observed in the sample. This comment was provided to indicate that during the lab analysis particulates were observed in the samples; however, undigested samples were analyzed and those results confirmed that copper was in fact dissolved in the water. The relative percent difference between the undigested and digested results was less than 20%. Even if these 4 samples were excluded from the assessment, Clam Bay would still be identified as impaired for Copper based on 7 exceedances/20 samples. The seven other copper exceedances (with similar results and no particulate matter observed in the samples) were well above the 3.7 pg/L threshold indicating a copper impairment for Clam Bay. A water quality management action plan designed to address stormwater discharges and other potential sources of copper (including marinas and algaecide applications) could be used as the basis for placing the waterbody in category 4e (Impaired, but recently completed or on -going restoration activities are underway to restore the designated uses of the waterbody) or even Category 4b (reasonable assurance). However, we need detailed documentation , and it seems highly unlikely that November 7, 2012 Pelican Bay Services Division Board Regular Session 6ci. Landscape Water Management Subcommittee - Copper impairment in upland ponds Page 4 of 5 Daniel G. Hammond Page 3 161,2 October 8, 2012 t a plan could be completed before the scheduled adoption of the Group 1 lists in December or January. Based on meeting the verification requirements of the IWR, we plan to place Clam Bay on the Group 1 Cycle 3 Everglades West Coast verified list for copper with a medium TMDL priority (5 -10 years for TMDL development). A medium priority for TMDL development will give stakeholders time to develop a water quality management action plan that could potentially lead to the removal of Clam Bay from the Verified list. FDEP requests that, once the water quality management action plan is completed by stakeholders, it be provided to the Department for review and documentation of hour copper will be addressed in Clam Bay. FDEP has provided on the enclosed disk an example of the support documentation used for placing Clam Bayou in category 4e (Ongoing Restoration Activiti °s), and general guidance on reasonable assurance (category 4b). Cardno ENTRIX — Clam Bay Dissolved Oxnen comment: FDEP has proposed to list Clam Bay (WBID 3278Q1) as a category 4d impairment for DO as part of the Group 1 Cycle 3 TMDL assessment. Category 4d listings are submitted to the U.S. Environmental Protection Agency (USEPA) and added to Florida's 303(d) list of impaired waters. This listing would indicate Clam Bay is impaired for DO, but no causative pollutant could be identified, and target the waterbody for further evaluation to identify a causative pollutant so a TMDL could be developed. However, data and analysis provided here suggests that a category 4d listing is not appropriate for Clam Bay. A more accurate category would be 4c, which would recognize that Clam Bay does not meet the current DO criteria as a result of natural conditions, and not caused by a pollutant, therefore eliminating the need for a TMDL. FDEP has concluded that Estero Bay WBID 3258A represents natural conditions with minimal anthropogenic influence and is an adequate reference waterbody (FDEP 2008). The data provided in this Technical Memorandum indicate Clam Bay exhibits a statistically similar DO regime to this reference estuary segment, therefore concluding Clam Bay DO also represents a natural condition. FDEP does not intend to list marine systems with naturally low DO as impaired and acknowledges that natural estuaries in areas surrounded by mangrove forests or tidal marshes (of which Clam Bay is an example) are especially subject to low DO (FDEP 2012b and Hendrickson et al 2003). Furthermore, biological evidence suggests Clam Bay functions as a healthy estuary. The diversity of invertebrates recorded in the estuary, and the presence of indicator and oxygen sensitive species indicate that the DO regime in Clam Bay is supporting a healthy biological community. Based on the data and analysis provided here, a category 4c listing for Clam Bay provides a more appropriate water resource management goal than the proposed category 4d listing. The Pelican Bay Foundation, Collier County Coastal Zone Management Department and Cardno ENTRIX respectfully request FDEP change the proposed listing for Clam Bay (WBID 3278Q1) from a category 4d to a 4c listing. Upon finalization of the revised DO criteria for marine waters, it will be appropriate for Clam Bay to be removed from the 4c category for DO with the determination that the DO regime in Clam Bay meets the revised DO criteria. FDEP — Clam Bay Dissolved Oxveen response: The Department has reviewed the Clam Bay dissolved oxygen technical memorandum prepared by Cardno Entrix and based on the demonstration that Clam Bay supports a healthy biological community and has a similar DO regime to the reference t A November 7, 2012 Pelican Bay Services Division Board Regular Session 6ci. Landscape Water Management Subcommittee - Copper impairment in upland ponds Page 5 of 5 - Daniel G. Hammond Pa ge 4 16 12 A 17 October 8, 2012 1 waterbody Estero Bay (WBID 3258A1) we have determined that 4c is the appropriate assessment category. The Department appreciates Cardno ENTRIX taking the time to submit comments on the draft lists for the Group 1 basin. Your input helps the Department in producing better assessments. If you have additional questions about our response or the assessments, please contact the Environmental Manager for the basin, David Tyler: (850)- 245 -8458, David.TylerOdep.state.fl.us or me: (850)- 245 -8416, J die.Espy(a)dep,state.fl.us . Sincerely, Julie Espy Environmental Administrator Watershed Assessment Section Florida Department of Environmental Protection Division of Environmental Assessment and Restoration 2600 Blair Stone Rd, MS3560 Tallahassee, FL 32399 -2400 16 UP A17 o� 7 N � O � n U ^ D'* � D D � o D � A S T a RD, D 1 U 0 �^y 2 1 r 'u D C 0 i 7 y 1 N 1 N 9 s O I c va' Z _, o CD m v 3 0 3 i y W_ L N C N O N 3 3' 3. N D W ID (D N O Z N N � 3 �. W N O � O co O a d 3 m m C W cn N W N n =. 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Goods Received /Inventory Recv'd Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance Total Liabilities and Fund Balance Assets 1,125,852.26 1,085,189.35 16O:2'p17 $ 2,211,041.61 $ 2,211,041.61 Liabilities and Fund Balance $ 17,017.39 49,776.03 $ 66,793.42 1,292,615.54 851,632.65 2,144,248.19 $ 2,211,041.61 Operating Revenues: Carryforward Special Assessment - Water Management Admin Special Assessment - Right of Way Beautification Insurance Co. Refund Charges for Services Surplus Property Sales Miscellaneous Interest Total Operating Revenues Pelican Bay Services 1612 Municipal Services Taxing Unit 666,300.00 666,300.00 Income Statement w/ Budget - September 30, 2012 (24,170.74) 1,907,800.00 Operating Fund 109 - FY 2012 1,838,612.85 (69,187.15) (Unaudited) 298.00 Annual YTD YTD - Budget Budget Actual Variance Operating Expenditures: Water Management Administration Payroll Expense Emergency Maintenace and Repairs IT Direct Capital IT Office Automation /Billing Hr. Indirect Cost Reimbursement Inter Payment /Mnt. Site Ins. Assessment Other Contractural Services Telephone Postage and Freight Rent Buildings and Equipment Insurance - General Printing, Binding and Copying Clerk's Recording Fees Advertising Other Office and Operating Supplies Training and Education Total Water Management Admin Operating Water Management Field Operations Payroll Expense Engineering Fees Flood Control Berm and Swale Mntc. Landscape Materials /Replanting Program Interdepartmental Payment (Water Quality Lab) Plan Review Fees Other Contractural Services Temporary Labor Telephone Trash and Garbage Motor Pool Rental Charge Insurance - General Insurance - Auto Building Repairs & Mntc. Fleet Maintenance and Parts Fuel and Lubricants Tree Triming Clothing and Uniforms $ 1,122,300.00 $ 1,122,300.00 $ 1,122,300.00 $ $ 666,300.00 666,300.00 642,129.26 (24,170.74) 1,907,800.00 1,907,800.00 1,838,612.85 (69,187.15) 400.00 298.00 298.00 1,500.00 - - - 84,500.00 - 20,418.00 20,418.00 13,400.00 403.48 403.48 15,300.00 15,300.00 10,135.29 (5,164.71) $ 3,713,200.00 $ 3,711,700.00 $ 3,634,296.88 $ (77,403.12) $ 41,400.00 $ 41,400.00 $ 39,723.50 $ 1,676.50 8,800.00 - - - 400.00 400.00 400.00 - 4,800.00 4,800.00 4,800.00 84,500.00 84,500.00 84,500.00 13,400.00 13,400.00 13,400.00 - 26,900.00 26,900.00 26,360.00 540.00 3,900.00 3,900.00 2,884.80 1,015.20 3,000.00 3,000.00 803.81 2,196.19 11,300.00 11,300.00 10,706.22 593.78 1,200.00 1,200.00 1,200.00 - 2,300.00 2,300.00 2,007.50 292.50 2,000.00 2,000.00 2,133.00 (133.00) 2,000.00 2,000.00 820.80 1,179.20 2,000.00 2,000.00 474.53 1,525.47 1,100.00 1,100.00 422.62 677.38 $ 209,000.00 $ 200,200.00 $ 190,636.78 $ 9,563.22 $ 132,800.00 $ 132,800.00 $ 127,303.41 $ 5,496.59 12,000.00 12,000.00 14,877.80 (2,877.80) 14,000.00 14,000.00 37,411.81 (23,411.81) 8,500.00 8,500.00 812.65 7,687.35 22,600.00 22,600.00 23,250.77 (650.77) 1,500.00 - - - 1,000.00 1,000.00 286.42 713.58 42,400.00 42,400.00 57,319.00 (14,919.00) 500100 500.00 588.48 (88.48) 5,700.00 5,700.00 5,846.87 (146.87) 100.00 100.00 188.65 (88.65) 2,300.00 2,300.00 2,300.00 900.00 900.00 900.00 - 1,700.00 1,700.00 - 1,700.00 5,400.00 5,400.00 3,431.00 1,969.00 8,900.00 8,900.00 2,957.10 5,942.90 30,000.00 30,000.00 29,952.00 48.00 1,100.00 1,100.00 1,049.30 50.70 Page 1 of 3 A17 ' Right of Way Beautification - Operating Payroll Expense $ 42,600.00 $ 42,600.00 $ 40,925.42 $ 1,674.58 A17 7,400.00 - - 1612 IT Direct Capital 400.00 Personal Safety Equipment 500.00 500.00 2,252.28 14,100.00 (1,752.28) Fertilizer and Herbicides 98,400.00 98,400.00 71,782.20 34,300.00 26,617.80 Other Repairs and Maintenance 1,500.00 1,500.00 602.50 3,042.80 897.50 Other Operating Supplies and Equipment 2,500.00 2,500.00 5,299.00 2,196.11 (2,799.00) Total Water Management Field Operating $ 394,300.00 $ 392,800.00 $ 388,411.24 $ 4,388.76 Right of Way Beautification - Operating Payroll Expense $ 42,600.00 $ 42,600.00 $ 40,925.42 $ 1,674.58 Emergency Repairs and Maintenance 7,400.00 - - - IT Direct Capital 400.00 400.00 400.00 Office Automation 14,100.00 14,100.00 14,100.00 - Other Contractural Services 34,300.00 34,300.00 29,635.00 4,665.00 Telephone 3,900.00 3,900.00 3,042.80 857.20 Postage 3,000.00 3,000.00 803.89 2,196.11 Rent Buildings /Equipment/Storage 12,500.00 12,500.00 11,621.39 878.61 Insurance - General 500.00 500.00 500.00 - Printing, Binding and Copying 2,600.00 2,600.00 540.50 2,059.50 Clerk's Recording 2,000.00 2,000.00 - 2,000.00 Legal Advertising 2,000.00 2,000.00 820.80 1,179.20 Office Supplies General 2,500.00 2,500.00 721.20 1,778.80 Training and Education 1,500.00 1,500.00 135.00 1,365.00 Total Right of Way Beautification Operating $ 129,300.00 $ 121,900.00 $ 103,246.00 $ 18,654.00 Right of Way Beautification - Field Payroll Expense *decreased fewer employees $ 762,300.00 $ 762,300.00 $ 699,117.14 $ 63,182.86 Emergency Maintenance and Repairs 3,300.00 - - - Flood Control (Water Use & Swale /Berm Mntc.) 89,900.00 89,900.00 84,556.29 5,343.71 Pest Control 5,000.00 5,000.00 8,325.00 (3,325.00) Landscape incidentals 2,500.00 2,500.00 2,054.26 445.74 Other Contractural Services 29,500.00 29,500.00 27,891.00 1,609.00 Temporary Labor *increased from payroll 235,100.00 235,100.00 263,896.18 (28,796.18) Telephone 3,200.00 3,200.00 2,638.69 561.31 Electricity 3,400.00 3,400.00 2,044.15 1,355.85 Trash and Garbage 17,000.00 17,000.00 12,569.68 4,430.32 Rent Equipment 2,500.00 2,500.00 2,828.04 (328.04) Motor Pool Rental Charge 300.00 300.00 76.93 223.07 Insurance - General 8,800.00 8,800.00 8,800.00 - Insurance - Auto 10,000.00 10,000.00 10,000.00 - Building Repairs and Maintenance 1,700.00 1,700.00 46.70 1,653.30 Fleet Maintenance and Parts 25,100.00 25,100.00 37,434.12 (12,334.12) Fuel and Lubricants 67,300.00 67,300.00 45,942.95 21,357.05 Licenses, Permits, Training 800.00 800.00 101.94 698.06 Tree Triming 63,600.00 63,600.00 61,210.50 2,389.50 Clothing and Uniforms 9,400.00 9,400.00 5,753.14 3,646.86 Personal Safety Equipment 3,000.00 3,000.00 2,405.27 594.73 Fertilizer and Herbicides 62,000.00 62,000.00 57,237.91 4,762.09 Landscape Maintenance 46,000.00 46,000.00 49,801.50 (3,801.50) Mulch /Landscape Materials 53,100.00 53,100.00 30,678.25 22,421.75 Pathway Repairs 6,000.00 6,000.00 - 6,000.00 Sprinkler Maintenance 30,000.00 30,000.00 11,717.49 18,282.51 Painting Supplies 800.00 800.00 28.66 771.34 Traffic Signs 3,000.00 3,000.00 2,036.81 963.19 Minor Operating Equipment 3,000.00 3,000.00 4,295.88 (1,295.88) Other Operating Supplies 9,000.00 9,000.00 6,071.95 2,928.05 Total Right of Way Beautification - Field Operating $ 1,556,600.00 $ 1,553,300.00 $ 1,439,560.43 $ 113,739.57 Total Operating Expenditures $ 2,289,200.00 $ 2,268,200.00 $ 2,121,854.45 $ 146,345.55 Page 2 of 3 Capital E � 1 p Expenditures: _ Water Management Field Operations Other Machinery and Equipment $ 1,000.00 $ $ General Improvements - Total Water Management Field Operations Capital $ 11000.00 $ - $ - $ - Right of Way Beautification - Field Autos and Trucks $ 102,000.00 $ 96,600.00 $ 96,538.00 $ 62.00 Other Machinery and Equipmeny 1,000.00 - - Total Right of Way Beautification - Field Capital $ 103,000.00 $ 96,600.00 $ 96,538.00 $ 62.00 Total Capital Expenditures $ 104,000.00 $ 96,600.00 $ 96,538.00 $ 62.00 Total Operating Expenditures $ 2,393,200.00 $ 2,364,800.00 $ 2,218,392.45 $ 146,407.55 Non - Operating Expenditures: Transfer to Fund 322 $ 436,500.00 $ 436,500.00 $ 436,500.00 $ - Tax Collector Fees 79,600.00 79,600.00 49,610.84 29,989.16 Property Appraiser Fees 73,300.00 73,300.00 39,294.58 34,005.42 Reserves (21/2 months for Operations) 538,000.00 538,000.00 538,000.00 - Reserves for Equipment 94,800.00 94,800.00 94,800.00 - Reserved for Attrition (31,700.00) (31,700.00) (31,700.00) Revenue Reserve 129,500.00 - - - Total Non - Operating Expenditures $ 1,320,000.00 $ 1,190,500.00 $ 1,126,505.42 $ 63,994.58 Total Expenditures $ 3,713,200.00 $ 3,555,300.00 $ 3,344,897.87 $ 210,402.13 Net Profit/(loss) $ - $ 156,400.00 $ 289,399.01 $ 132,999.01 Page 3 of 3 `A17, Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - September 30, 2012 Street lighting Fund 778 (Unaudited) Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Goods Received /inventory Recv'd Accrued Wages Payable Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenue (Expenditures) Total Fund Balance Assets $ 422,004.95 54,386.52 $ 476,391.47 $ 476,391.47 Liabilities and Fund Balance $ 1,000.00 7,221.13 $ 8,221.13 194,157.20 274,013.14 468,170.34 Total Liabilities and Fund Balance $ 476,391.47 1612 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/ Budget - September 30, 2012 Street lighting Fund 778 - FY 2012 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 157,600.00 $ 157,600.00 $ 157,600.00 $ - Curent Ad Valorem Tax 436,800.00 - 436,800.00 420,991.26 $ (15,808.74) Delinquent Ad Valorem Tax Telephone 400.00 400.00 443.79 $ - Insurance Claim 44,200.00 32,977.99 11,222.01 18,330.25 $ 18,330.25 Interest 4,500.00 Insurance - Auto 4,500.00 1,894.06 $ (2,605.94) Total Operating Revenues 598,900.00 1,700.00 598,900.00 598,815.57 Fleet Maintenance and Parts (84.43) Operating Expenditures: 3,546.73 753.27 Fuel and Lubricants 1,200.00 1,100.00 662.92 Street Lighting Administration Other Equipment Repairs /Supplies 200.00 200.00 122.60 77.40 Personal Safety Equipment Payroll Expense $ 41,400.00 $ 41,400.00 $ 39,723.22 $ 1,676.78 Indirect Cost Reimbursement 5,300.00 $ 5,300.00 5,300.00 $ - Other Contractural Services 26,900.00 $ 26,900.00 25,860.00 $ 1,040.00 Telephone 3,900.00 $ 3,900.00 2,250.71 $ 1,649.29 Postage and Freight 2,000.00 $ 2,000.00 803.79 $ 1,196.21 Rent Buildings /Equipment /Storage 12,100.00 $ 12,100.00 11,275.44 $ 824.56 Insurance - General 300.00 $ 300.00 300.00 $ - Office Supplies General 800.00 $ 800.00 15.36 $ 784.64 Other Office and Operating Supplies 1,000.00 $ 1,000.00 - $ 1,000.00 Total Street Lighting Admin Operating 93,700.00 93,700.00 85,528.52 8,171.48 Street Lighting Field Operations Payroll Expense 62,500.00 62,500.00 60,459.84 2,040.16 Emergency Maintenance & Repairs 9,600.00 - - - Other Contractual Services 800.00 800.00 - 800.00 Telephone 400.00 400.00 443.79 (43.79) Electricity 44,200.00 44,200.00 32,977.99 11,222.01 Insurance - General 800.00 800.00 800.00 - Insurance - Auto 900.00 900.00 900.00 - Building Maintenace & Repairs 1,700.00 1,700.00 - 1,700.00 Fleet Maintenance and Parts 4,300.00 4,300.00 3,546.73 753.27 Fuel and Lubricants 1,200.00 1,100.00 662.92 437.08 Other Equipment Repairs /Supplies 200.00 200.00 122.60 77.40 Personal Safety Equipment 500.00 500.00 - 500.00 Electrical Contractors 7,300.00 7,300.00 6,424.90 875.10 Light Bulb Ballast 12,400.00 12,400.00 10,669.58 1,730.42 Page 1 of 2 to X - 1612 A17 13,500.00 8,461.42 Total Street Lighting Field Operating 146,800.00 137,100.00 117,008.35 20,091.65 8,900.00 8,900.00 Total Field Expenditures 240,500.00 230,800.00 202,536.87 28,263.13 Reserve for Future Construction 228,100.00 Capital Expenditures: Street Lighting Field Operations Other Machinery/Equipment 1,000.00 200.00 - 200.00 General Improvements - - - - Total Capital Expenditures 1,000.00 200.00 - 200.00 Total Operating Expenditures 241,500.00 231,000.00 202,536.87 28,463.13 Non - Operating Expenditures: Tax Collector Fees 13,500.00 13,500.00 8,461.42 5,038.58 Property Appraiser Fees 8,900.00 8,900.00 - 8,900.00 Reserve for Future Construction 228,100.00 228,100.00 228,100.00 - Reserves (21/2 mos. for Operations) 54,900.00 54,900.00 54,900.00 - Reserves for Equipment 30,000.00 30,000.00 30,000.00 - Revenue Reserve 22,000.00 - - Total Non -Operating Expenditures 357,400.00 335,400.00 321,461.42 13,938.58 Total Expenditures 598,900.00 566,400.00 523,998.29 42,401.71 Net Profit /(Loss) - 32,500.00 74,817.28 42,317.28 Page 2 of 2 Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Goods Received /inventory Recv'd Accrued Wages Payable Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance Total Liabilities and Fund Balance Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - September 30, 2012 Clam Bay Fund 320 (Unaudited) Assets $ 305,554.95 287,297.40 592,852.35 $ 592,852.35 Liabilities and Fund Balance $ 3,744.00 32,940.75 36,684.75 303,213.58 252,954.02 556,167.60 $ 592,852.35 1612 "17� 1612 A17 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/ Budget - September 30, 2012 Clam Bay Fund 320 - FY 2012 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward $ 289,511.88 $ 289,511.88 $ 289,511.88 $ - Special Assessment 127,100.00 127,100.00 122,463.43 (4,636.57) Miscellaneous Income - - 1,414.45 15,900.00 1,414.45 Fund 111 34,000.00 34,000.00 $ 34,000.00 $ - Transfer from Tax Collector 19,831.63 $ 2,568.37 $ 451,311.88 - 544,611.88 - Interest $ 700.00 $ 700.00 $ 1,962.74 $ 1,262.74 Total Operating Revenues $ 451,311.88 $ 451,312.88 $ 449,352.50 $ (1,959.38) Operating Expenditures: Clam Bay Restoration Engineering Fees $ 163,368.75 $ 163,368.75 $ 72,490.00 $ 90,878.75 Other Contractural Services 70,151.60 70,151.60 79,109.00 (8,957.40) Tree Trimming 29,000.00 29,000.00 - 29,000.00 Other Equipment Repairs 349.77 349.77 272.00 77.77 Aerial Photography 7,500.00 7,50.00 - 7,500.00 Minor Operating 588.01 588.01 - 588.01 Other Operating Supplies 1,000.00 1,000.00 - 1,000.00 Total Clam Bay Restoration $ 271,958.13 $ 271,958.13 $ 151,871.00 $ 120,087.13 Clam Bay Ecosystem Engineering Fees $ 7,253.75 $ 7,253.75 $ 37,144.50 $ (29,890.75) Other Contractual Services 143,000.00 243,000.00 827.95 242,172.05 Total Clam Bay Ecosystem $ 150,253.75 $ 250,253.75 $ 37,972.45 $ 212,281.30 Total Clam Bay Operating Expenditures $ 422,211.88 $ 522,211.88 $ 189,843.45 $ 332,368.43 Non - Operating Expenditures: Tax Collector Fees Property Appraiser Fees Revenue Reserve Reserves (2 1/2 month for Operations) Total Non- Operating Expenditures Total Expenditures Net Profit/(Loss) $ 3,900.00 $ 3,900.00 $ 2,449.26 $ 1,450.74 2,600.00 2,600.00 1,482.37 1,117.63 6,700.00 - - 15,900.00 15,900.00 15,900.00 - $ 29,100.00 $ 22,400.00 $ 19,831.63 $ 2,568.37 $ 451,311.88 $ 544,611.88 $ 209,675.08 $ 334,936.80 $ - $ (93,300.00) $ 239,677.42 $ 332,977.42 Page 1 of 1 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - September 30, 2012 Capital Projects Fund 322 (Unaudited) Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Goods Received Inv. Received Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance Assets $ 2,628,155.13 1,213,800.81 Liabilities and Fund Balance $ 5,940.48 44,340.66 161.2 X17 3,841,955.94 $ 3,841,955.94 50,281.14 2,582,848.52 1,208,826.28 3,791,674.80 Total Liabilities and Fund Balance $ 3,841,955.94 161P` A1.7 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/ Budget- September 30, 2012 Capital Projects Fund 322 - FY 2012 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward Transfer from Fund 109 General Foundation Payment for Crosswalks Special Assessment Transfer from Tax Collector Interest Total Operating Revenues Operating Expenditures: irrigation & Landscaping Hardscape Project (50066) Engineering Fees Other Contractural Services Sprinkler System Repairs Landscape material Permits Electrical Other Operating Supplies (Pavers) Other Road Materials Traffic Sign Restoration Project (50103) Traffic Signs Lake Bank Project (51026) Swale & Slope Maintenance Engineering Fees Other Contractural Services Total Irrigation & Landscaping Expenditures Non - Operating Expenditures: Tax Collector Fees Property Appraiser Fees Reserve for Contingencies Revenue Reserve Total Non - Operating Expenditures: Total Expenditures Net Profit /(Loss) $ 2,553,384.04 $ 2,553,384.04 $ 2,553,384.04 $ - 436,500.00 436,500.00 436,500.00 - - - 53,487.00 53,487.00 331,900.00 331,900.00 319,749.48 (12,150.52) 22,275.72 2,453.47 2,453.47 19,500.00 19,500.00 13,739.89 (5,760.11) $ 3,341,284.04 $ 3,341,284.04 $ 3,379,313.88 $ 38,029.84 $ 131,654.37 $ 131,654.37 $ 2,956,362.25 2,956,362.25 39,568.70 21,323.00 01�1 39,568.70 21,323.00 30,725.55 $ 463,228.61 13,367.16 160,449.99 2,022.50 24,294.24 46,804.50 21,080.00 100,928.82 2,493,133.64 (13,367.16) (160,449.99) (2,022.50) (24,294.24) (7,235.80) 21,323.00 28,920.00 Page 1 of 1 85,000.00 85,000.00 - 85,000.00 500.00 500.00 - 500.00 22,275.72 22,275.72 - 22,275.72 $ 3,306,684.04 $ 3,306,684.04 $ 761,972.55 $ 2,544,711.49 $ 10,300.00 $ 10,300.00 $ 6,395.11 $ 3,904.89 6,800.00 6,800.00 3,896.51 2,903.49 17,500.00 - - - $ 34,600.00 $ 17,100.00 $ 10,291.62 $ 6,808.38 $ 3,341,284.04 $ 3,323,784.04 $ 772,264.17 $ 2,551,519.87 $ - $ 17,500.00 $ 2,607,049.71 $ 2,589,549.71 Page 1 of 1 Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Property Appraiser Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Accrued Wages Payable Goods Received/inventory Recv'd Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance 1612 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - October 31, 2012 Operating Fund 109 - FY 2013 (Unaudited) Assets 988,896.37 1,273.99 1,085,189.35 521.31 22,234.29 $ 2,098,115.31 $ 2,098,115.31 Liabilities and Fund Balance $ 54,615.95 29,836.30 $ 84,452.25 900,302.49 1,113,360.57 2,013,663.06 Total Liabilities and Fund Balance $ 2,098,115.31 A17 I � Pelican Ray Services 1612 A 17 Municipal Services Taxing Unit Income Statement w/ Budget - October 31, 2012 Operating Fund 109 - FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 951,600.00 $ 951,600.00 $ 951,600.00 $ - Special Assessment - Water Management Admin 695,000.00 - 0.09 0.09 Special Assessment - Right of Way Beautification 1,878,800.00 - - Charges for Services 1,500.00 - - - Surplus Property Sales - - Revenue Reserve (128,700.00) Interest 15,800.00 1,316.67 (1,316.67) Total Operating Revenues $ 3,414,000.00 $ 952,916.67 $ 951,600.09 $ (1,31658) Operating Expenditures: Water Management Administration Payroll Expense $ 42,000.00 $ 3,200.00 $ 1,864.91 $ 1,335.09 Emergency Maintenace and Repairs 8,800.00 - - - IT Direct Capital 200.00 - - - IT Office Automation /Billing Hr. 4,600.00 - - - Indirect Cost Reimbursement 85,100.00 - - - Inter Payment/Mnt. Site Ins. Assessment 13,400.00 - - - Other Contractural Services 29,700.00 2,500.00 2,095.00 405.00 Telephone 3,900.00 300.00 293.10 6.90 Postage and Freight 2,200.00 200.00 - 200.00 Rent Buildings and Equipment 11,000.00 1,800.00 1,723.78 76.22 Insurance - General 1,000.00 - - - Printing, Binding and Copying 1,800.00 - - Clerk's Recording Fees 1,500.00 - - Advertising 1,500.00 - - - Other Office and Operating Supplies 2,000.00 200.00 200.00 Training and Education 1,100.00 100.00 - 100.00 Total Water Management Admin Operating $ 209,800.00 $ 8,300.00 $ 5,976.79 $ 2,323.21 Water Management Field Operations Payroll Expense $ 135,800.00 $ 10,400.00 $ 6,400.02 $ 3,999.98 Engineering Fees 10,000.00 800.00 - 800.00 Flood Control Berm and Swale Mntc. 18,000.00 1,500.00 - 1,500.00 Landscape Materials /Replanting Program 8,500.00 200.00 - 200.00 Interdepartmental Payment (Water Quality Lab) 30,100.00 2,500.00 2,382.50 117.50 Plan Review Fees 1,500.00 - - - Other Contractural Services 1,000.00 100.00 - 100.00 Temporary Labor 44,900.00 9,400.00 91331.00 69.00 Telephone 500.00 100.00 36.04 63.96 Trash and Garbage 5,700.00 500.00 639.00 (139.00) Motor Pool Rental Charge 100.00 - - Insurance - General 2,400.00 - - Insurance - Auto 900.00 - - Building Repairs & Mntc. 1,700.00 - - - Fleet Maintenance and Parts 2,400.00 200.00 200.00 Fuel and Lubricants 3,300.00 300.00 300.00 Tree Triming 36,000.00 3,000.00 3,000.00 Clothing and Uniforms 1,100.00 100.00 305.00 (205.00) Personal Safety Equipment 500.00 - 104.90 (104.90) Page 1 of 3 . $ 797,000.00 $ 61,300.00 $ 1612 A Emergency Maintenance and Repairs Fertilizer and Herbicides 98 400.00 8,800.00 6,708.05 2,091.95 89,900.00 . Other Repairs and Maintenance 1,500.00 800.00 910.52 (110.52) 500.00 Other Operating Supplies and Equipment 2,500.00 200.00 253.22 (53.22) 7.31 Total Water Management Field Operating $ 406,800.00 $ 38,900.00 $ 27,070.25 $ 11,829.75 869.00 Right of Way Beautification - Operating 201,400.00 25,800.00 24,288.20 1,511.80 Telephone Payroll Expense $ 43,300.00 $ 3,300.00 $ 1,921.43 $ 1,378.57 3,400.00 Emergency Repairs and Maintenance 7,400.00 - - - 1,700.00 IT Direct Capital 200.00 - - - 8.95 Office Automation 9,500.00 - - - - Other Contractural Services 37,100.00 3,100.00 2,090.00 1,010.00 Insurance - Auto Telephone 3,900.00 300.00 293.10 6.90 1,700.00 Postage 2,200.00 200.00 - 200.00 1,500.00 Rent Buildings /Equipment /Storage 12,200.00 2,000.00 1,869.59 130.41 - Insurance - General 500.00 - - - 100.00 Printing, Binding and Copying 2,600.00 200.00 - 200.00 Clothing and Uniforms Clerk's Recording 2,000.00 200.00 - 200.00 3,000.00 Legal Advertising 2,000.00 200.00 - 200.00 17,200.00 Office Supplies General 2,500.00 200.00 - 200.00 7,068.60 Training and Education 1,500.00 100.00 70.00 30.00 699.00 Total Right of Way Beautification Operating $ 126,900.00 $ 9,800.00 $ 6,244.12 $ 3,55S.88 Sprinkler Maintenance Right of Way Beautification - Field Payroll Expense $ 797,000.00 $ 61,300.00 $ 35,339.00 $ 25,961.00 Emergency Maintenance and Repairs 3,300.00 300.00 187.36 112.64 Flood Control (Water Use & Swale /Berm Mntc.) 89,900.00 7,500.00 7,058.13 441.87 Pest Control 6,000.00 500.00 - 500.00 Landscape Incidentals 2,500.00 200.00 7.31 192.69 Other Contractural Services 29,500.00 3,600.00 2,731.00 869.00 Temporary Labor 201,400.00 25,800.00 24,288.20 1,511.80 Telephone 3,200.00 300.00 215.19 84.81 Electricity 3,400.00 300.00 180.83 119.17 Trash and Garbage 17,000.00 1,700.00 1,699.16 0.84 Rent Equipment 2,500.00 200.00 8.95 191.05 Motor Pool Rental Charge 500.00 - - - Insurance - General 9,300.00 - - Insurance - Auto 10,000.00 - - - Building Repairs and Maintenance 1,700.00 100.00 100.00 Fleet Maintenance and Parts 17,600.00 1,500.00 1,473.90 26.10 Fuel and Lubricants 64,600.00 5,400.00 - 5,400.00 Licenses, Permits, Training 800.00 100.00 - 100.00 Tree Triming 64,500.00 3,200.00 - 3,200.00 Clothing and Uniforms 9,400.00 800.00 724.26 75.74 Personal Safety Equipment 3,000.00 300.00 134.75 165.25 Fertilizer and Herbicides 62,000.00 17,200.00 17,285.34 (85.34) Landscape Maintenance 46,000.00 7,700.00 7,068.60 631.40 Mulch /Landscape Materials 52,000.00 19,200.00 18,501.00 699.00 Pathway Repairs 6,000.00 500.00 - 500.00 Sprinkler Maintenance 30,000.00 3,800.00 3,775.24 24.76 Painting Supplies 800.00 100.00 - 100.00 Traffic Signs 3,000.00 300.00 - 300.00 Minor Operating Equipment 3,700.00 300.00 565.25 (265.25) Other Operating Supplies 9,000.00 800.00 710.91 89.09 Total Right of Way Beautification - Field Operating $ 1,549,600.00 $ 163,000.00 $ 121,954.38 $ 41,045.62 Total Operating Expenditures $ 2,293,100.00 $ 220,000.00 $ 161,245.54 $ 58,754.46 Page 2 of 3 Capital $ 241,700.00 $ 241,700.00 $ 241,700.00 $ - Tax Collector Fees 161 1 a A 1 7 Expenditures: p Pe 49,610.84 29,689.16 Property Appraiser Fees 72,900.00 72,900.00 Water Management Field Operations 533,400.00 550,400.00 550,400.00 - Reserve for Operating Fund Capital Improvement - = Other Machinery and Equipment $ 1,000.00 $ - $ - $ 107,800.00 General Improvements (16,200.00) - - - - Total Water Management Field Operations Capital $ 11000.00 $ - $ Right of Way Beautification - Field Autos and Trucks $ 35,000.00 $ - Other Machinery and Equipmeny 1,000.00 - Total Right of Way Beautification - Field Capital $ 36,000.00 $ - $ Total Capital Expenditures $ 37,000.00 $ - $ - $ Total Operating Expenditures $ 2,330,100.00 $ 220,000.00 $ 161,245.54 $ 58,754.46 Non - Operating Expenditures: Transfer to Fund 322 $ 241,700.00 $ 241,700.00 $ 241,700.00 $ - Tax Collector Fees 79,300.00 79,300.00 49,610.84 29,689.16 Property Appraiser Fees 72,900.00 72,900.00 39,294.58 33,605.42 Reserves (21/2 months for Operations) 533,400.00 550,400.00 550,400.00 - Reserve for Operating Fund Capital Improvement 65,000.00 Reserves for Equipment 107,800.00 107,800.00 107,800.00 Reserved for Attrition (16,200.00) (16,200.00) (16,200.00) - Revenue Reserve - - - Total Non - Operating Expenditures $ 1,083,900.00 $ 1,035,900.00 $ 972,605.42 $ 63,294.58 Total Expenditures $ 3,414,000.00 $ 1,255,900.00 $ 1,133,850.96 $ 122,049.04 Net Profit/(Loss) $ - $ (302,983.33) $ (182,250.87) $ 120,732.46 Page 3 of 3 1612 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet — October 31, 2012 Street Lighting Fund 778 - FY 2013 (Unaudited) Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Goods Received /Inventory Recv'd Accrued Wages Payable Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenue (Expenditures) Total Fund Balance Assets $ 404,808.14 388.22 54,386.52 3,217.01 $ 462,799.89 $ 462,799.89 Liabilities and Fund Balance $ 1,291.39 42.00 $ 1,333.39 401,763.99 59,702.51 461,466.50 Total Liabilities and Fund Balance $ 462,799.89 A17 o Operating Revenues: Carryforward Curent Ad Valorem Tax Delinquent Ad Valorem Tax Insurance Claim Revenue Reserve Interest Total Operating Revenues Operating Expenditures: Street Lighting Administration MI-M Pelican Bay Services Municipal Services Taxing Unit Income Statement w/ Budget - October 31, 2012 Street Lighting Fund 778 - FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance $ 376,200.00 $ 376,200.00 $ 376,200.00 $ - 440,700.00 - - $ - 1,286.80 $ 1,286.80 $ (22,300.00) 6,700.00 - - $ - 801,300.00 376,200.00 377,486.80 1,286.80 Payroll Expense $ 42,200.00 $ 3,200.00 $ 1,864.90 $ 1,335.10 Indirect Cost Reimbursement 8,700.00 $ - - $ - Other Contractural Services 26,900.00 $ 2,241.67 2,095.00 $ 146.67 Telephone 3,600.00 $ 300.00 224.49 $ 75.51 Postage and Freight 2,000.00 $ 200.00 - $ 200.00 Rent Buildings/Equipment/Storage 11,800.00 $ 2,000.00 1,817.92 $ 182.08 Insurance - General 300.00 $ - - $ - Office Supplies General 800.00 $ 300.00 - $ 100.00 Other Office and Operating Supplies 1,000.00 $ 100.00 - $ 100.00 Total Street Lighting Admin Operating 97,300.00 8,141.67 6,002.31 2,139.36 Street Lighting Field Operations Payroll Expense 63,900.00 4,900.00 3,130.14 1,769.86 Emergency Maintenance & Repairs 9,600.00 - - - Other Contractual Services 800.00 100.00 - 100.00 Telephone 500.00 100.00 36.04 63.96 Electricity 44,200.00 3,700.00 2,615.05 1,084.95 Insurance - General 900.00 - - - Insurance - Auto 900.00 - - - Building Maintenace & Repairs 1,700.00 - - - Fleet Maintenance and Parts 1,500.00 100.00 - 100.00 Fuel and Lubricants 900.00 100.00 - 100.00 Other Equipment Repairs /Supplies 200.00 - - - Personal Safety Equipment 500.00 - - - Electricai Contractors 7,300.00 600.00 - 600.00 Page 1 of 2 1612 A17 Light Bulb Ballast 13,100.00 1,300.00 1,312.77 (12.77) Total Street Lighting Field Operating 146,000.00 10,900.00 7,094.00 3,806.00 Total Field Expenditures 243,300.00 19,041.67 13,096.31 5,945.36 Capital Expenditures: Street lighting Field Operations Other Machinery/Equipment 1,000.00 200.00 - 200.00 General Improvements - - - - Total Capital Expenditures 1,000.00 200.00 - 200.00 Total Operating Expenditures 244,300.00 19,241.67 13,096.31 6,145.36 Non - Operating Expenditures: Tax Collector Fees 13,700.00 - - - Property Appraiser Fees 9,000.00 - - - Reserve for Future Construction 444,200.00 444,200.00 444,200.00 - Reserves (2 1/2 mos. for Operations) 57,600.00 57,600.00 57,000.00 - Reserves for Equipment 32,500.00 32,500.00 32,500.00 - Revenue Reserve - - Total Non - Operating Expenditures 557,000.00 534,300.00 534,300.00 - Total Expenditures 801,300.00 553,541.67 547,396.31 6,145.36 Net Profit /(Loss) - (177,341.67) (169,909.51) 7,432.16 Page 2 of 2 Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts/Trade Payable Goods Received /inventory Recv'd Accrued Wages Payable Total liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance Total Liabilities and Fund Balance Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - October 31, 2012 Clam Bay Fund 320 - FY 2013 (Unaudited) Assets $ 268,167.82' 296.68 287,297.40 555,761.90 $ 555,761.90 Liabilities and Fund Balance $ 56,951.00 56,558.00 113,509.00 205,768.08 236,484.82 442,252.90 $ 555,761.90 as i o 16I2A17 " ' - $ Pelican Bay Services $ - $ - $ - Licenses and Permits Municipal Services Taxing Unit (250.00) - Income Statement w/ Budget - October 31, 2012 243,000.00 Clam Bay Fund 320 - FY 2013 827.95 (827.95) Total Clam Bay Ecosystem $ 212,859.25 (Unaudited) - $ 827.95 $ (827.95) Total Capital Expenditures $ Annual YTD YTD - $ - $ - Budget Budget Actual Variance Operating Revenues: Total Clam Bay Operating Expenditures $ 485,868.43 $ Carry Forward $ 354,768.43 $ 22,400.00 $ 22,400.00 $ - Special Assessment 134,400.00 - - - Miscellaneous Income $ - $ - - Fund 111 2,70.00 32,300.00 - - - Revenue Reserve (6,800.00) - - Interest Total Non - Operating Expenditures 800.00 - - - Total Operating Revenues $ 515,468.43 $ 22,400.00 $ 22,400.00 $ - Operating Expenditures: Clam Bay Restoration Engineering Fees $ 164,478.75 $ 916.67 $ - $ 916.67 Other Contractural Services 10,464.65 - - - Tree Trimming 67,000.00 - - - Other Equipment Repairs 577.77 - - - Aerial Photography 15,000.00 7,500.00 5,449.80 2,050.20 Minor Operating 2,988.01 - - - Other Operating Supplies 1,500.00 - - - Total Clam Bay Restoration $ 262,009.18 $ 8,416.67 $ 5,449.80 $ 2,966.87 Clam Bay Ecosystem Engineering Fees $ (29,890.75) $ - $ - $ - Licenses and Permits (250.00) - - - Other Contractual Services 243,000.00 - 827.95 (827.95) Total Clam Bay Ecosystem $ 212,859.25 $ - $ 827.95 $ (827.95) Total Capital Expenditures $ 11,000.00 $ - $ - $ - Total Clam Bay Operating Expenditures $ 485,868.43 $ 8,416.67 $ 6,277.75 $ 2,138.92 Non - Operating Expenditures: Tax Collector Fees $ 4,200.00 $ - $ - $ - Property Appraiser Fees 2,70.00 - - - Reserves for Operations 22,700.00 - - - Total Non - Operating Expenditures $ 29,600.00 $ - $ - $ - Page 1 of 2 Total Expenditures $ 515,468.43 $ Net Profit /(Loss) $ - $ 1612 8,416.67 $ 6,277.75 $ 13,983.33 $ 16,122.25 $ Page 2 of 2 A17 A 2,138.92 2,138.92 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet - October 31, 2012 Capital Projects Fund 322 - FY 2013 (Unaudited) Current Assets Cash and Investments Interest Receivable Improvements, Vehicles & Equipment Due from Tax Collector Total Current Assets Total Assets Current Liabilities Accounts /Trade Payable Goods Received Inv. Received Total Liabilities Fund Balance Fund Balance - unreserved Excess Revenues (Expenditures) Total Fund Balance Total Liabilities and Fund Balance Assets 1612 a17 , $ 2,577,993.92 2,346.95 1,213,800.81 3,794,141.68 Liabilities and Fund Balance $ 27,700.00 5,325.67 $ 3,794,141.68 33,025.67 2,501,578.47 1,259,537.54 3,761,116.01 $ 3,794,141.68 1612 h�7 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/ Budget - October 31, 2012 Capital Projects Fund 322 - FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward Transfer from Fund 109 General Foundation Payment for Crosswalks Special Assessment Transfer from Tax Collector Interest Total Operating Revenues Operating Expenditures: Irrigation & Landscaping Hardscape Project (50066) Engineering Fees Other Contractural Services Sprinkler System Repairs Landscape material Permits Electrical Other Operating Supplies (Pavers) Other Road Materials Traffic Sign Restoration Project (50103) Traffic Signs Lake Bank Project (51026) Swale & Slope Maintenance Engineering Fees Other Contracturai Services Total Irrigation & Landscaping Expenditures Non - Operating Expenditures: Tax Collector Fees Property Appraiser Fees Reserve for Contingencies Revenue Reserve Total Non - Operating Expenditures: Total Expenditures Net Profit /(Loss) $ 2,618,011.49 $ 2,553,384.04 $ 2,553,384.04 $ - 241,700.00 241,700.00 241,700.00 - 324,400.00 - - - 25,700.00 - - - $ 3,209,811.49 $ 2,795,084.04 $ 2,795,084.04 $ $ 150,928.82 $ - $ - $ - 2,736,409.36 2,736.41 1,162.73 1,573.68 (13,367.16) - - - 64,550.01 9,682.50 7,435.00 2,247.50 (2,022.50) - - - (24,294.24) - 2,285.67 (2,285.67) (7,235.80) - - - 21,323.00 - - - 78,920.00 - - - 192,775.72 - 211765.00 (21,765.00) $ 3,197,987.21 $ 12,418.91 $ 32,648.40 $ (20,229.49) $ 10,300.00 $ 10,300.00 $ 6,395.11 $ 3,904.89 6,800.00 6,800.00 3,896.51 2,903.49 17,500.00 - - - $ 34,600.00 $ 17,100.00 $ 10,291.62 $ 6,808.38 $ 3,232,587.21 $ 29,518.91 $ 42,940.02 $ (13,421.11) $ - $ 2,765,565.13 $ 2,752,144.02 $ (13,421.11) Page 1 of 1 from the September 5, 2012 Pelican Bay Services Division Board Regular Session 5ai. Administrator's Report - Crosswalks - Revised decibel readings report Page 1 of 5 1612 A17 Crosswalk Decibel Readings Decibel readings were taken from several different types of crosswalks to determine what extent the cobble bands installed at the mid -block crosswalks impacted the amount of sound generated. These readings were taken from the Beach Walkway and the North Tram Station crosswalks that both have the cobbles /brick pavers installed. Readings were also collected from the crosswalk at Pelican Bay Blvd. and Gulf Park Dr. which only has brick pavers installed. Readings were also collected at the painted Crayton Rd. crosswalk for comparison purposes. Readings listed were collected from 15', 50' and 75' feet from the edge of road. The 50' and 75' distances are more representative of the distances that some condo buildings are located from the roadway. When comparing between cobble /brick paver crosswalks and brick paver only crosswalks at the two distances most representative of the buildings located adjacent to the roadway there was a 1 -6 decibel higher reading at a cobble /brick paver crosswalk vs. a brick paver only crosswalk at 50'. At 75' there was a 4 -5 decibel higher reading at a cobble /brick paver crosswalk vs. brick paver only crosswalk. These readings can be impacted by differences in vegetation, wind velocity /direction and exterior noises, which when detected as noticeable readings were discarded. When this latest set of readings was collected the wind was approximately 10 -14MPH from the SW. The reading collection point for the Beach Walkway was on the east side of the road and for the North Tram was from the west side of the road. This may have contributed to higher readings at the Beach Walkway, but because of structural walls they had to be collected from those sides to reach the distances of 50' and 75'. Attached is some information related to traffic noise, in the second paragraph it states the "A 10 -d BA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that the human ear can perceive is about 3 -d BA. Increases of 5 -dBA or more are clearly noticeable. " Decibel readings from the various locations and distances are listed below. Distance from Roadway Locations 15' 50' 75' Beach Walkway 76 63 57 North Tram Station 73 58 58 Pelican Bay Blvd. & Gulf Park Drive 68 57 53 Pelican Bay Blvd. & Crayton Road 63 55 53 from the September 5, 2012 Pelican Bay 5ai. Administrators Report - Crosswalks - Page 2 of 5 Traffic Noise Background Information Introduction to Noise Human response to noise is subjective and can vary greatly from person to influence individual response include the loudness, frequency, and time pa background noise present before an intruding noise, and the nature of the a the noise affects. s Division Board Regular Session �d decibel di 6"1 rt 2 A17 �n. Factors that can the amount of V (e.g., sleeping) that The sensitivity of the human ear to sounds of different frequencies is measured by the A- weighted decibel scale (dBA). A 10 -dBA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that a human ear can perceive is about 3 -dBA. Increases of 5-dBA or more are clearly noticeable. Normal conversation ranges between 44 and 65 dBA when the people speaking are 3 to 6 feet apart. Table 1 shows sound levels for some common noise sources and compares ;their relative loudness to that of an 80 -dBA source such as a garbage disposal or food blender. Noise levels in a quiet rural area at night are typically between 32 and 35 dBA. Quiet urban nighttime noise{levels range from 40 to 50 dBA. Noise levels during the day in a noisy urban area are frequently as high as 70 to 80 dBA. Noise levels above 110 dBA become intolerable and then painful; levels higlher than 80 dBA over continuous periods can result in hearing loss. Constant noises tend to be less noticeable than irregular or periodic noises. Table 1 Sound Levels and Relative Loudness of Typical Noise Sources Sound Subjective Relative Loudness Noise Source or Activity Level Impression (human Judgment of (dBA) different sound levels) Jet aircraft takeoff from carrier (50 ft) 140 Threshold of pain i 64 times as loud 50-hp siren (100 ft) 130 r 32 times as bud Laud rock concert near stage, Jet takeoff 120 Uncomfortably loud 16 times as loud (200 ft) Float plane takeoff (100 ft) 110 8 times as loud Jet takeoff (2,000 ft) 100 Very loud 4 times as loud Heavy truck or motorcycle (25 ft) 90 2 times as loud Garbage disposal, food blender (2 ft), 80 Moderately loud Reference loudness Pneumatic drill (50 ft) Vacuum cleaner (10 ft), Passenger car at 65 70 1/2 as loud mph (25 ft) Large store air - conditioning unit (20 ft) 60 114 as loud Light auto traffic (100 ft) 50 Quiet 1/8 as loud Bedroom or quiet living room, Bird calls 40 1/16 as loud Quiet library, soft whisper (15 ft) 30 Very quiet High quality recording studio 20 Acoustic Test Chamber 10 Just audible 0 Threshold of hearing Sources: Beranek (1988) and EPA (1971) PDWRAFFIC NOISE HANDOUT.DOC /' from the September 5, 2012 Pelican Bay 5ai. Administrator's Report - Crosswalks - Page 3 of 5 Traffic Noise Sources and Propagation Noise sources associated with transportation projects can include passeng heavy trucks and buses. Each of these vehicles produces noise; however, the noise can vary greatly depending on vehicle type. For example, while vehicles occurs mainly from the tire - roadway interface and is therefore to from heavy trucks is produced by a combination of noise from tires, engin a noise source that is approximately 8 feet above the ground. The followu on the types of transportation noise sources that will be part of a roadway type of noise each produces. Bird Ze1arSessioA readings report vehicles, medium trucks, source and magnitude of e noise from passenger Led at ground level, noise and exhaust, resulting in list provides information oiect, and describes the • Passenger Vehicles (cars): Noise emitted from 0 to 2 feet above roadway, prunarily from tire - roadway interface. This category includes normal passenger vy hides, small and regular pickup trucks, small to mid -size sport utility vehicles, mini- and fu : -size passenger vans. Typical noise levels for passenger vehicles are 72 to 74 dBA at 55 mph at a distance of 50 feet. Medium Trucks (MT): Noise emitted from 2 to 5 feet above roach tire - roadway interface and engine exhmin noise This category inc as UPS and Federal Express trucks, large sport utility vehicles with engine trucks, some tow - trucks, city transit and school buses with u moving vans (U- haul -type trucks), small to medium recreational mi larger trucks with the exhaust located under the vehicle. Typical no trucks are 80 to 82 dBA at 55 mph at 50 feet. ;s delivery vans, such i)bby tires, large diesel ,r vehicle exhaust, • homes and other levels for medium Heavy Trucks (HT): Noise emitted from 6 to 8 feet above the roadway surface, combined noise sources includes tire - roadway interface, engine noise, and ext. aust stack noise. This category includes all log -haul tractor- trailers (semi- trucks), large to, trucks, dump trucks, cement mixers, large transit buses, motor homes with exhaust locat at top of vehicle, and other vehicles with the exhaust located above the vehicle (typical exhaust height of 12 to 15 feet). Typical noise levels for heavy trucks are 84 to 86 dBA at 5� mph at 50 feet`. Several factors determine how sound levels decrease over distance. Under i4 noise source (such as constant flowing traffic on a busy highway) decreases 3 dB each time the distance doubles. Under real -life conditions, however, in waves with the ground often results in attenuation that is slightly greater tha factors given above. Other factors that affect the attenuation of sound with d structures, topography, foliage, ground cover, and atmospheric conditions si and relative humidity. The following list provides some general information each of these factors may have on sound propagation. • Existing Structures. Existing structures can have a substantial effector area. Structures can reduce noise by physically blocking the sound trans circumstances, structures may cause an increase in noise levels if the soi structure and transmitted to a nearby receiver location.) Measurements I story house has the potential, through shielding, to reduce noise levels b greater. The actual noise reduction will depend greatly on the geometry receiver, and location of the structure. Increases in noise caused by refle or less, which is the minimum change in noise levels that can be noticed al conditions, a line t a rate of approximately ractions of the sound the ideal reduction tance include existing h as wind, temperature, n the potential affects noise levels in any given nission. (Under special nd is reflected off the ive shown that a single- . as much as 10 dB or ,f the noise source, tion are nonnali 3 dB by- the human ear. • Topography. Topography includes emsting hills, berms, and other surfacce features between the noise source and receiver location. As with structures, topography has thb potential to reduce or increase sound depending on the geometry of the area. Hills and berms, when placed between the noise source and receiver, can have a significant effect on noise levels. 16' many situations, berms are used as noise mitigation by physically blocking the noise source fron) the receiver location. In PDXITRAFFIC NOISE HANDOUT DOC from the September 5, 2012 Pelican Bay 5ai. Administrator's Report - Crosswalks - Page 4 of 5 Division Board Regular Session f decibel readings repo FIC POISE BACKGROUND INFORMATION 12-,-.. some locations, however, the topography can result in an overall increase in sound levels by either reflecting or channeling the noise towards a sensitive receiver lo6ation. A17 + Foliage. Foliage, if dense, can provide slight reductions in noise levels; FHWA provides for up to a 5 dBA reduction in traffic noise for locations with at least a 30 feet d;' pth of dense evergreen foliage. • Ground Cover. The ground cover between the receiver and the noise source can have a significant effect on noise transmission. For example, sound will travelvery well across reflective surfaces such as water and pavement, but can be attenuated when the ground cover is field grass, lawns, or even loose soil. Traffic Noise Mitigation In theory, there are a number of options that can be used to reduce or mitigate traffic noise. These include traffic management, highway design, and noise barriers including earthen berms. In reality, noise mitigation is often infeasible due to space requirements; aesthetic issues and financial costs, or because the costs outNveigh the benefits. Any specific mitigation measure recommended as part of a project must be feasible and have a reasonable cost in relation to the benefit. Potential mitigation measures are described below-. Traffic Management: Traffic management measures include modification of speed limits and restricting or prohibiting truck traffic. Restricting truck use on a given roadway would reduce noise levels at nearby receivers since trucks are louder than cars. However, displacing trick traffic from one roadway to another would only shift noise impacts from one area to another and may conflict with the planned function of the roadway (e.g., an arterial generally carries trick traffic). The level of truck traffic on Sunny-side Road is too low for truck restrictions to result in a significant reduction in overall noise in the area. While reducing speeds! may reduce noise, a reduction of at least 10 mph is needed for a noticeable difference in noise to result. Also, because roadways are planned and designed to support speeds consistent with th6ir functional classification (e.g., 35 -45 mph on an arterial), changing speeds for the purpose of noise mitigation is not common. • Roadway Design: Roadway design measures include altering the road*�ay alignment and depressing roadway cut sections. Alteration of roadway alignment court decrease noise levels by moving the traffic farther away from the affected receivers. Because there are noise sensitive receivers along both sides of Sunnyside Road, changing the alignment n a} benefit one side of Sunnyside Road, but would increase noise levels on the other. Noise Barriers: Construction of noise barriers between the roadways a would reduce noise levels by physically blocking the transmission of tr Barriers can be constructed as walls or earthen beans. Earthen berms re than walls and are usualh, constructed with a 3 -to -1 slope. Using this re tall would slope 24 feet in each direction, for a total width of 48 feet. R project, berms are not feasible because of the right -of -way requirement. high enough to break the line -of -sight between the noise source and the be long enough to prevent significant flanking of noise around the ends the wall, such as for driveways and walkways, can significantly reduce Because of the frequent driveways and walkways on Sunnyside Road, r effective in most locations. PDXITRAFFIC NOISE HANDOUT.DOC I the affected receivers Fie- generated noise. hire more right -of -way drement, a berm 8 feet the Sunny-side Road loise walls should be xeiver. They must also the walls. Openings in e barrier effectiveness. se walls would not be 0 h h N CO =° n m OE a� as m° ;o h �a N O U j l�6 Y m l0 C h U n a� �a N h f O N - a h In - E O LO d �O N L iA Y t0 3 H V v w 0 N dG C f6 61 d u d O 12 A17 PELICAN DAY Pelican Bay Foundation, Inc. November 6, 2012 Linda A. Elligott Project Manager U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Blvd, Suite 310 Fort Myers, FL 33919 Re: Clam Pass Dredging Permit USACE File No. SAJ -1996- 02789(IP-LAE) Ms. Elligott, pgN0 t�) 1612A 17 OLta- � Please accept this letter as a matter of record and clarification of fact. Please know that there is only one, duly elected body that represents the entire residential and commercial member interests of Pelican Bay, and that entity is the Pelican Bay Foundation Board of Directors. The Pelican Bay Foundation, Inc. (Foundation) is the governing association for the community of Pelican Bay (located in Collier County) and is the successor to the original developer of the Pelican Bay PUD, Coral Ridge -- Collier Properties, Westinghouse Communities of Naples, and WCI. As such, the Foundation has unique rights and responsibilities for governance within the PUD which only the Foundation can exercise. Located within the Pelican Bay PUD is the area known as Clam Pass and Clam Bay. The Foundation has specific rights and responsibilities for enforcement of the declaration of protective covenants and restrictions for these areas. Additionally, while the Foundation's predecessor, Coral Ridge- Collier Properties, gift deeded the areas encompassing Clam Pass and Clam Bay to Collier County (County) in April 1982, the Foundation holds all reversion rights should any of the terms and conditions of the declaration of protective covenants and restrictions not be properly complied with. One specific covenant and restriction involves the Foundation's involvement with the dredging permit for Clam Pass. Due to its unique and sole rights and responsibilities within this area, the Pelican Bay Foundation has established a cooperative and collaborative relationship with Collier County on the recent submittal of the above referenced dredging permit application. This cooperative approach is best embodied, and memorialized in the County's response to RAI 42, which was collaboratively authored by the County's coastal engineer, Atkins, and the Foundation's coastal engineer, Olsen Associates. Among other things, this document reflects the understandings reached by the working group that: 1. The County will only dredge Clam Pass for the health of the Clam Bay system. 2. The permit is substantially consistent with the same parameters as the last dredging event of Clam Pass that was authorized by the permitting agencies. Pelican Bay Foundation, Inc. • 6251 Pelican Bay Boulevard • Naples, Florida 34108 (239) 597 -8081 • (239) 597 -6802 FAX • E -Mail: memberservices@pelicanbay.org 16 12A 17 3. Each dredging event will be justified individually by specified "triggers" including evidence of. a. Sustained shoaling in the active portion of the dredge template, resulting in the average cross - sectional area falling consistently below 200 square feet b. Increased tidal phase lag c. Decreased tidal prism 4. Dredging decisions, including widths, depths, and cubic volume of sand removed, will be based on joint monitoring and cooperative agreement between Collier County and the Pelican Bay Foundation in light of what is needed to maintain tidal flushing for the health of the system. 5. As a "pre- remediation" measure, the first placement of beach - quality sand will be placed as infill into the meandered Pass location. 6. Appropriately, and consistent with sand by -pass principles, remaining cubic yards of available beach - quality sand dredged from the Pass channel will be placed south of the Pass. The Pelican Bay Foundation has been integrally involved in developing this approach and process and endorses it as scientifically and environmentally responsible. This has also been approved by the Florida Department of Environmental Protection (FDEP) in its recently issued permit. The Foundation is aware of the efforts of individuals and groups that seek to derail, undermine, or delay this reasonable and responsible approach to the health and maintenance of Clam Pass and Clam Bay. However well- intentioned they may be, the Foundation believes these efforts are not representative of the best interests of the residential and commercial members of Pelican Bay, nor in the general public's best interests. Specifically, the requests that the Corps conduct a comprehensive EIS should be rejected as unwarranted and unnecessary and should be viewed as nothing more than a disruptive and counter- productive tactic. Of immediate and critical concern is the fact that storm - driven shifts in sand deposits have dramatically reshaped the direction of the Pass and clogged the Pass to the extent that not only have private structures been threatened, but the above referenced triggers have seemingly been tripped, so that plans for dredging of the Pass need to be set in motion. The Pelican Bay Foundation thanks you for your attention to this urgent matter. We join Collier County in requesting that the US Army Corps of Engineers join the Florida Department of Environmental Protection and approve of this wholly appropriate, thoughtful, and collaborative permit application as soon as possible. Time is absolutely of the essence now. Sincerely, Pelican Bay Foundation Ronnie Bellone Chair 2 Cc: Tunis McElwain Leo Ochs Nick Casalanguida Bill Lorenz Gary McAlpin Commissioner Fred Coyle Commissioner Donna Fiala Commissioner Tom Henning Commissioner Georgia Hiller Tim Nance Mayor John Sorey Jeff Tabar Erik Olsen Ken Humiston Coastal Advisory Committee Keith Dallas Neil Dorrill Susan Boland 3 1612 A17 EXECUTIVE SUMMARY Agenda Item No. 1 O May 26, 2009 Page 1 of 7 16 12A17 Recommend Approval from the Board of County Commissioners of the Clam Pass Maintenance Dredging Permit Application that is required to perform tidal flushing of Clam Bay Estuary and is necessary to re -open the pass in the event of storm closure. OBJECTIVE: Obtain approval of the Clam Pass Maintenance Dredging permit application for tidal flushing from the Board of County Commissioners. CONSIDERATIONS: The existing 10 -year permit that provides for tidal flushing maintenance dredging of Clam Pass has expired and a one year extension has been granted that will expire in July 2009. Collier County has prepared an application for a new 10 -year permit utilizing the exact same dredging cuts and cross sections as the previous permit. The basis of the discharge location and contours has changed to reflect existing dune elevations. A detailed Summary of the changes from the original 10 -year permit and the existing application is attached. A new permit is required to perform maintenance dredging for tidal flushing and dredging to open the pass if it is closed by a storm event. The entire updated permit application can be viewed on the Coastal Zone Management web site: http: / /www.colliergov.net/Index.aspx ?page =1350 ADVISORY COMMITTEE RECOMMENDATIONS: The Permit Sub - Committee of the Clam Bay Advisory Committee recommended approved this permit application 3 -0 on March 6, 2009. The entire Clam Bay Advisory Committee recommended approval of this permit application 7 -2 on 3/19/2009. The Coastal Advisory Committee recommended approval of this permit application 6 -0 on 4/9/2009. This item will be presented to the TDC for funding approval prior to proceeding. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi - judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG RECOMMENDATION: Recommend Approval from the Board of County Commissioners of the Clam Pass Maintenance Dredging Permit Application. 1612 A17 Page 1 of 1 ` Agenda Item No. 10B May 26, 2009 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10B Item Summary: Recommend approval from the Board of County Commissioners of the Clam Pass Maintenance Dredging Permit Application that is required to perform tidal flushing of Clam Bay Estuary and is necessary to re -open the pass in the event of storm closure. (Gary McAlpin, Coastal Zone Management) Meeting Date: 5/26/2009 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/15/2049 1:45 PM Approved By Gary McAlp €n Costal Project Manager Date Public Services Coastal Zone Management 4115/2009 1:58 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 4115/2009 3:44 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 4121/2409 12:50 PM Approved By Jeff Klatakow County Attorney Date County Attorney County Attorney Office 4/2312009 10:08 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 412712009 4.04 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office office of Management & Budget 51412009 14:14 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's office 5118/2009 5:19 PM Commissioners file: / /C:\AgendaTest \Export\ 130- May% 2026,% 202009 \10. %2000UNTY %20MANAGER... 5/20/2009 1612 - Agenda iteAolo7 May 26, 2009 Page 3 of 7 Clam Pass Project Scope & Changes from Previous Permit The current permit application is drafted to maintenance dredge CUT -4 in Clam Pass, Collier County, Florida. CUT -4 is located approximately halfway between FDEP range monuments R -41 and R -42 and includes the mouth of Clam Pass where it meets the Gulf of Mexico. CUT -4 Section 1 begins out in the gulf at Station 0+00 with a dredge depth of -5.5 feet NGVD and extends east to Station 3+64 to the east. CUT -4 Section 2 has a dredge depth of -4.5 feet NGVD and includes Section 2A which extends northeast from Stations 4 +10 to 7 +10, Section 2B which turns north from Stations 7 +50 to Station 10+00 and Section 2C which turns back to the northeast from Stations 10+19 to 12 +50. Section 3 has a dredge depth of -4.0 NGVD and extends to the southeast for the final 300 feet of the dredge template from Station 15+00 to Station 18+00. The bottom width of the dredge template varies from 20 feet to 150 feet wide, with the mouth of Clam Pass having an 80 foot bottom width. The template has a total of dredge length of 1550 linear feet with a 1 foot vertical to 1 foot horizontal side slope (1:1) consistent for the entire length of the project. The work will be conducted using a hydraulic dredge therefore the dredge outfall pipeline must stay within the designated dredge pipeline corridor so upland vegetation or offshore hardbottom are not adversely effected. The estimated total volume to be removed during maintenance dredging activity will not exceed 22,000 cubic yards. All beach compatible sand will be placed between range monuments R -42 +180 and R- 44+100 upland of the 0 foot NGVD contour. Sand will be placed seaward of the edge of vegetation. Any sand that is not beach compatible will be stockpiled and removed to an offsite disposal location (County landfill or other appropriate site based on material). The current permit differs slightly from the previous permit submitted by Humiston and Moore in 1998. The slope of the dune changes from 1:10 to 1:15 and the berm width changes from 26 feet to 15 feet. This change was necessary to better match the existing conditions based on the survey profiles conducted in August 2008. The beach fill portion in the previous permit had a 10 foot dune top width at elevation +8 feet NGVD and then sloped down with a 1:10 slope to +5 feet NGVD where the berm leveled off horizontally for a distance of 26 feet. The fill then sloped down at a 1:10 slope to meet existing grade at 0 feet NGVD. The current permit has a 10 foot dune top width at +8 feet NGVD and then slopes down at a 1:15 slope to +5 feet NGVD where the berm levels off horizontally for a distance of 15 feet. The fill then slopes down at a 1:10 slope to meet existing grade at 0 feet NGVD. Also a taper was added to the beach fill template on the south end extending the template south approximately 100 feet in order to transition the beach fill template back into the existing grade. »t t9 I ki ia \ �� 2§ _ e c- O O Lo ZO E ma- =:5; co 70 Q H1 / a�'.. tl f s F � � k ,F . -•- �.- - Lp - - - �-- � �F:' '��3ViC`57Z #` �."° tS.�.F.�'�,.f�v?"6�i&f�4'� -y��% s cr ^� - r r ., 1612A17 to - -- - -- - -- HUMISTON I & MOORE 1 01 ENGINEERS COASTAL ENGINEERING DES €GN AND PERMITTING, November 11, 2009 'JMi'+Kp M as I x Glnll� n 5 4-� 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 1612 Memo to: Members of the Collier County CAC, FOR THE MEETING RECORD. From: Humiston & Moore Engineers Re: Clam Bay, CAC November 12, 2009 Agenda Item VIII -1, PBSU Status Memo tttyr I I k sy� Al I call your attention to the next to last paragraph on page 3 of the referenced Memo which is in your agenda information materials, (attached document for your convenience, see highlighted paragraph), the first sentence of which states: "FDEP stated that the H &M monitoring report (2007) states that that dredging of Clam Pass has not changed the tidal flushing dynamics which is the purpose of the project and that the report states that the dredge cut has increased downdrift erosion . Please note the following quoted from the referred to 2007 H &M report: "Since the 1999 dredging, each annual monitoring report has shown that implementation of the dredging element of the Clam Bay Restoration and Management Plan has significantly improved tidal exchange throughout the bay system. " If DEP staff did in fact make the statement as attributed in the PBSU memo, it may have been in reference to the increase in width of the entrance channel dredge cut for the 2007 dredging, which was done to obtain additional sand for beach renourishment at the request of County staff. Regarding that increase in the width of the dredged channel, the H &M report states: "It is anticipated that the increase of the dredge cut at the entrance will have little if any improvement to the tidal flushing of the Clam Pass tidal system, because the wider cut results in a cross section that is larger than the equilibrium section area, and it is therefore expected to fill in quickly." If this is what the statement in the PBSU memo is referring to the statement is completely out of context and extremely misleading. As stated the PBSU memo implies that the Clam Bay Restoration and Management Plan failed to achieve the purpose of improving tidal flushing to stabilize the inlet and aid mangrove recovery, whereas anyone familiar with this project knows that implementation of the Plan over the past 10 years has been extremely successful in achieving those goals. The above quote from the PBSU memo also reports that DEP staff said the H &M report states the dredge cut has increased downdrift erosion. This too is out of context. The H &M monitoring reports document that the adjacent beaches 1612 A17 readjust following maintenance dredging, and after dredging of a wide entrance channel that readjustment has included significant erosion of adjacent beaches. This is why the width of the dredge cut was reduced for the 2002 dredging, to reduce potential impact to beaches and to natural sand bypass of the inlet. The H &M and Turrell Hall reports document that this approach is working well, maintaining a level of flushing of the bay system that has contributed to recovery of the mangroves while at the same time preserving natural bypass of the inlet to reduce inlet impacts to adjacent beaches, while extending the dredging interval from annual to at least 4 or 5 years. The remainder of the highlighted paragraph in the PBS &J memo states: " Since the monitoring report by the County's engineer at the time stated. these items FDEP would like to know what the optimum dredge cut should be that would act as a flushing channel and not increase downdrift erosion — this could be determined through modeling. At a minimum the FDEP would like to see a hydrodynamic analysis that indicates increased tidal flushing." Based on the July 2, 2009 Request for Additional Information (RAI) issued by DEP, this suggestion that additional modeling may be required as part of the regulatory process appears to be the result of the fact that the June 2009 application submitted by PBS &J included the September 2006 report prepared for Collier County by CP &E, it is not in response to the monitoring reports prepared by H &M or the performance of the inlet and bay system under implementation of the 1999 Clam Bay Restoration and Management Plan. In all the years of monitoring, DEP staff have never indicated they wanted to see increased tidal flushing, that has been left to the environmental scientists to determine if improved flushing is needed to further mangrove recovery. So far the answer has been no. The 2006 CP &E report attached to the application seems to have created some uncertainty among DEP staff as to what activity is being pursued under the current application. See DEP July 2, 2009 RAI, item 33.a., which states: "The proposed project activities seem to include dredging the ebb shoal south of R -41 (it is not clear), as Appendix E referred to in section (8. Alternatives) of the report suggests." The report and Appendix E referred to in the above quote from DEP is the 2006 CP &E report. (It should be noted that the dredging plan in Appendix E of the CP &E report will not increase tidal flushing to Clam Bay. Increased tidal flushing would be achieved through modification of the interior channels as was demonstrated in 1999). There is a great deal of information in the monitoring reports prepared by Turrell Hall & Associates and H &M over the past 10 years. Considering the misrepresentation in the PBS &J memo regarding the 2007 H &M monitoring 1612 A17 report, it is recommended that If there are remaining questions regarding the success of the Clam Bay Restoration and Management Plan, the previous monitoring reports should be consulted. M Date: 6 November 2009 St( ; "I. fI b 1612 A 17��y t 5300 Nest Cypress Street p �� Tampa, Florida 33607 M° elk Phone: (800) 477 -7275 Clam Pass Joint Coastal Permit (JCP) Application Status Memo This memo summarizes the activities to date regarding the Clam Pass Joint Coastal Permit Application. The JCP application was submitted to the regulatory agencies in June 2009. The activity requested within the application is the same level of authorization that was granted in the previous permit. The request consists of dredging a portion of Clam Pass and Clam Bay to aid with flushing and improve environmental resources. Tidal flushing maintenance dredging will occur only when science dictates that the need for tidal flushing of Clam Pass and Clam Bay is necessary to assure the health and viability of the estuary. Dredging activity will be consistent with the previous authorization FDEP #0128463- 001 -JC to station 18 +00. Subsequently, requests for additional information (RAI) were received from the United States Army Corps of Engineers (USACE) and Florida Department of Environmental Protection (FDEP). Much of the information requested was unexpected based on previous correspondence and direction provided by regulatory agencies prior to submitting the application (based on the nature of the request to simply re- authorize the previous permit). This additional information is likely a result of the heightened level of local concern that has risen over the application and proposed dredging activity. A meeting was held with FDEP on August 18, 2009 to review the RAI and obtain clear guidance of the level and extent of information required to be submitted (see attached meeting minutes). As a result additional data collection was necessary to respond to the RAIs. This information includes: 1) Habitat Survey and Environmental Assessment 2) Geotechnical Investigation • Native Sediment Sampling and Testing • Sediment Core Boring investigation • Beach Compatibility Analysis 3) Design Configuration and Analysis of Previous Monitoring Data The County provided approval of the above additional data collection tasks on September 10, 2009. Data collection was conducted throughout September and October, as well as previous survey data was obtained from others consultants to complete the design configuration analysis. The habitat survey and environmental assessment information was received on October 20, 2009 from Turrell, Hall and Associates and is under review. Results of the geotechnical investigation were received from the lab on November 1, 2009 and presently being analyzed. The survey data necessary to analysis the design configuration was received from Humiston &Moore, Inc. on September 28, 2009 and is under review. Based on the review and analysis of the above information, review from County staff and final response preparation we anticipate submitting a response to the regulatory agencies within 30 -45 days. Jeffre 0%d, P.E. Clam Pass JCP Meeting Minutes August 12, 2009 1612 A17 Meeting Attendees: Lainie Edwards, Molly Edson, suburna Malakar, Jennifer Koch — FDEP BBCS Robbin Trindell — FWC (by phone) Gary McAlpin — Collier County (by phone) Jeff Tabar, Bryan Flynn, Matt Starr (by phone), Lizbeth Childs — PBS &J 1. RAI Items 25, 29, 31, 33.d & e and 35 -Level and extent of environmental resource survey required. • Existing biological monitoring provided in JCP • Mangroves, Seagrass, Benthic and Water Quality (10 years) • Sea Turtle data provided in JCP (1994 — 2008) # of false crawls and nesting activity reported • Nearshore hardbottom data preformed by the County (can be provided) • Shorebirds and wading birds The County has nearshore hardbottom transects that can be provided and there is no evidence of seagrass in the pass or near the dredge areas. DEP stated that they have the hardbottom monitoring reports and that the county can reference the reports as to proof of no hardbottom in the area. DEP stated that there should be evidence in the response that a seagrass survey was performed and no seagrass was found. Robbin Trindell stated that a summary of sea turtle monitoring data would suffice instead of sending the reports that they already receive. The County is attempting to find shorebird or wading bird monitoring data through the Audubon and similar local interest groups but has not found any so far. FWC and DEP stated that if there isn't any monitoring data or information on bird usage that is fine. FWC asked if the mangroves are a rookery for wading birds and the County replied that they are not aware of any rookeries but will look while out in the field. The permit will likely contain conditions for monitoring for birds during construction. DEP stated that each item in the RAI should be addressed. 2. RAI Items 27 and 33.b - Geotechnical requirements /Beach compatibility —1998 native sampling, 2007 dredge sediment results, and 2008 surface sampling results. • Previous sampling results provided in JCP (tables listed below) 1612 A17 DEP stated that the surface samples submitted with the RAI were not sufficient. Future samples should at a minimum include sub - surface sediments from 6 " -12" below the surface and not include the top 6 ". Additional samples should be taken to "fill in the gaps" between the surface samples submitted. For example, cut 2c doesn't have a sample in it. The most inland samples indicated a fine content. For example, silt in sample CP8&9 is high and based on volumes these samples represent 1/3 of the dredge cut. The fine content of the sand to be placed on the beach should be comparable to that sand currently on the beach. Additional sampling (core borings) should be performed to understand if there is truly a fine content. If the fines content if high then a plan should be submitted stating what will be done with the fines. 3. RAI Item 33.a —Required modeling for geo- morphological, ebb shoal, shoreline response, etc. • Dredging footprint has not been expanded, actually reduced. • Requesting same level of authorization as 0128463- 001 -JC. • Use of previous physical monitoring data • Modeling requirements, optimum dredge width 4. It is the County's intent to maintain the same level of authorization as provided in 0128463- 001 -JC, for the seaward portion of cut # 4 to station 18 +00. 5. Work to be performed on as -need basis in order to aid with flushing and improve environmental resources. 6. The frequency of dredging is dependent upon storm activity and the rate of in filling of the Pass. The County stated that the intent of the application is that, as previously, prior to each dredging event the County would request a NTP for the specific cut and include the justification and details of the dredge event as part of the NTP process. This NTP would basically be issued on an emergency basis only after a true need for dredging has been demonstrated. The County had a previous conversation a few years ago with FDEP staff where it was agreed that modeling wouldn't be necessary — so why is it requested now? FDEP stated that the H &M monitoring report (2007) states that that dredging of Clam Pass has not changed the tidal flushing dynamics which is the purpose of the project and that the report states that the dredge cut has increased downdrift erosion. Since the monitoring report by the County's engineer at the time stated these items FDEP would like to know what the optimum dredge cut should be that would act as a flushing channel and not increase downdrift erosion — this could be determined through modeling. At a minimum the FDEP would like to see a hydrodynamic analysis that indicates increased tidal flushing. The County disputes both of these claims and stated that 10 years of monitoring indicates that the pass has not affected the beaches. The County is developing a plan to determine the optimum dredge cut that will be beneficial to the overall health of Clam Bay. This effort includes biological sampling as well as modeling but will not be completed soon or quickly. In the 1612p17 meantime the County would like a permit to open Clam Pass in the event that a storm comes through and closes or severely limits flow through the Pass. DEP stated that if an emergency is declared for Collier County an Emergency JCP permit can be issued to dredge Clam Pass. The County is concerned because smaller storms affect Clam Pass more directly than the larger ones — after these storms emergencies are not declared so the County would need JCP in place to dredge the Pass. The County proposed to submit, in lieu of modeling, a review of monitoring data to support that dredging has not impacted beach and has provided flushing to Clam Bay. DEP mentioned that the previous dredging events were each so different that it may be difficult to differentiate the effects of different sizes of dredge cuts. The review of previous data should include a statement that the County is undergoing a study to optimize the dredge cut. November 7, 2012 Pelican Bay Services Division Board Regular Session 1612 6biii. Clam Bay Subcommittee - Dredging update (presented by Marcia Cravens No.2) Page 1 of 11 i N O Z N C N o m N �U N N N c T 7 � 07'0 N N � C -p N N (6 N O d D] C N .N a >_ Q � O N � C_ U_ 0) O N 0 N N m � m E 0 E (u O d � N_ :3 O U) N m r m � N O EUN N N > = rn Z c(od 1612 1,74 , November 7, 2012 Pelican Bay Services Division Board Regular Session 6biii. Clam Bay Subcommittee - Dredging update (presented by Marcia Cravens No.2) Page 3 of 11 1612 A17 From: "Neely, Merrie" <Merrie.Neely @dep.state.fl.us> Subject: Dredge limits Clam Pass Date: August 12, 2010 1:34:27 PM EDT To: 'Marcia Cravens' <goldandrose @mac.com> Cc: "Edwards, Lainie" <Lainie .Edwards @dep.state.f1.us >, "Malakar, Subarna" <Subarna .Malakar @dep.state.fl.us> Hello Marcia, After reviewing the drawings for the previous permit it appears that a modification in early 1999 clarified the dredge depths of cut4, which were just idealized cross - sections (vague) in the original approved permit drawings — this occurred after the original permit issuance but prior to the project dredge work for cut4. The approved channel width between station 0 +00 and 3 +64 was 30ft wide, farther inland the channel widens and is variable in width. The dredge depths at these same stations were to — 5.5NGVD with the exception of station 2 +37.5 which was only permitted to be dredged to a depth of -2.5 NGVD. Farther inland the channel dredge depth shallows to - 4.5NGVD and above station 7 shallows to - 4NGVD. I do not see references to overdredge depths in the original permit. The same depths appear on the current application drawings with the exception of station 2 +37.5 which appears to also reflect the -5.5 dredge depth. I have sent you a package in the mail with these drawings that should arrive later this week. Merrie Beth Neely, Ph.D. Florida Department of Environmental Protection Water Resources Management Joint Coastal Permitting 3900 Commonwealth Blvd. MS 300 Tallahassee, FL 32399 -3000 Phone 850 413 -7785 Fax 850 414 -7725 The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. a Z (A � � c m° c y D � m m 'm jq O a0 cm E E a� oN rm� v E o Eva z °°ca 1612 A17 z o U o' T� m a a o T rm� `m E a Eu z°�a 161E A17 }' N. 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I if T 7 16 17 (M - co I.- R4 A RNIN R-41 41, ' R4 A RNIN as ,WWMWWWWWWW 1612 M CS O R; t t 1 ,WWMWWWWWWW 1612 M CS O N O Z U) c a� m c U o m N N N N Q) a N m o a m c o o .N a > a rn c U_ O) Z N N 0 N N m w O E U E N O a U N_ 7 O U) N >, m r m r E O 1] f6 r E U r > N > Z (o 0- 1612 X17 Cq N U� Q d0 N 0) LL O ti O5NW to m W 0 � 2LL� 16 112 Al 8 October 17, 2012 BY........................ MINUTES OF THE MEETING OF THE PUBLIC SAFETY AUTHORITY Naples, Florida, October 17, 2012 LET IT BE REMEMBERED, the Public Safety Authority in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at North Collier Regional Park Exhibit Hall located at 15000 Livingston Road, Naples, Florida with the following members present: Dr. Robert B. Tober. Collier County Medical Director Dr. Jeffrey A. Panozzo, Medical Director - COPCN Holder Dr. John Zelahy, Active ER Physician Dr. Todd Bethel, Active ER Physican Fiala �� Chief James S. Bloom, Collier County Sheriffs Office Hik" _ --- aptain Robert Montagano, Naples Police Department Henri, _ . --Chief Michael D. Murphy, Collier County Fire Chiefs Association Coyle Coletta _ -. - Chief Walter Kopka, Collier County EMS Chief Mr. Jose Santana„ EMT, Outside Collier County EMS Mr. David Mennini, EMT, Collier County EMS Mr. Justin Gibson, Paramedic, Outside Collier County EMS Mr. Bobby Allen, Paramedic. Collier County EMS Mr. Phillip C. Dutcher, Hospital Administrator Mr. Robert T. Lupton, Hospital Administrator (Vacancy) (Vacancy) (Vacancy) Piiisc. 0orres: Date: 'N \ g.11'b Item #:1 U7= 2V- 1$ copies to: ALSO PRESENT: Maria Franco, Administrative Assistant, EMS Colleen Greene, Assistant County Attorney Al 8", 1612 October 17, 2012 1. Pledge of Allegiance Mr. Kopka called the meeting to order at 10:00ain The Pledge of Allegiance was recited. 2. introductions The members of the Authority introduced themselves. 3. Department Liaison/Administration (Maria Franco) a. Record Keeping Mr. Kopka reported the Authority's Staff liaison is Maria Franco. The Authority is subject to Collier County Ordinance No. 2012 - 23. A copy was included in the meeting packet. 4. Citizen Members (3) a. Review, rank and preference Mr. Kopka reported the County has received 6 applications from individuals interested in serving on the Authority as "Citizen Representative" (Mr. Norman Feder, Mr. Reg Buxton) Mr. Duane Billington, Ms. Janet Vasey, Mr. Edward Morton and Mr. Jeffery Page). The following applicants addressed the Authority. Reg Buxton Norman Feder Jeffery Page Janet Vasey Mr. Murphy recommended the Board of County Commissioners appoint Reg Buxton to the Authority. The Board was polled with 13 members voting in favor and 1 against. Mr. Mennini voiced opposition. Mr. Murphy recommended the Board of County Commissioners appoint Edward Morton to the Authority. The Board was polled with 11 members voting in favor and 3 against. Mr. Allen, Mil Dutcher and Mr. Montagano voiced opposition. Mr. Kopka recommended the Board of County Commissioners appoint Janet Vasey to the Authority. The Board was polled with all 14 members present voting in favor. Mr. Kopka reported the results will be forwarded to the Board of County Commissioners for consideration. 2 1612 Al 8 October 17, 2012 5. Medical Director Subcommittee a. Members Mr. Kopka reported the Authority will be establishing a Medical Directors Subcommittee b. Meetings Mr. Kopka reported the Subcommittee will be convening to address any issues as necessary. 6. Sunshine Law Training Colleen Greene, Assistant County Attorney provided a handout "Government in the Sunshine — Office of the County Attorney, Jeffery A. Klatzkow, County Attorney. " She outlined the State of Florida requirements for the Sunshine Law and Public Records. In addition, she noted Collier County elected/appointed officials are subject to a "no gift" policy while fulfilling their duties. She noted: • Members may not discuss any issues that may come before the Authority outside of a publicly noticed meeting. • This Advisory Board is unique given the members, in their day to day professional lives may deal with subject matter between themselves that overlaps Authority business (Staff consultations, meetings, etc.). If members have a concern on a potential violation of the Sunshine Law, please contact the County Attorney's office for consultation. 7. Next Meeting Mr. Kopka reported the following items will be placed on the next meeting Agenda: a. Elect Chair and Vice Chair b. Administrative Budget i. Cost Center ii. Establish administrative budget iii. Administration and record keeping iv. Collection method v. Approval for Expenses vi. Reporting c. Bylaws d. Technical Work Groups The Authority requested any necessary budgets be made available to Authority members prior to the meeting. 8. Schedule of Next Meeting (Location) The next meeting was scheduled for November 14, 2012 at 10:00am 9. Public Comments Sneaker 3 161 cta e1,2012 i Norm Feder recommended the Authority, in order to be successful, assure all issues are properly vetted by the public so any recommendations forwarded to the Board of County Commissioners are accepted by the general public 10. General Communications None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10;01A.M. Collier County Public Safety Authority These minutes approved by the Board/Committee on as presented. -_ or as amended 4 31 1 1612 A-1 - :. WZO R04 &a INOWW M.S.T.U. AA � O 2295 S. H oe D4..:,A WAt 4, Ft 34104 BY ........................ Minutes Fiala '� L/ September 18, 2012 Hiller Henning Coyle I. Call Meeting to Order Coletta , The Meeting was called to order by Chairman Dale Johnson at . Roll call was taken and a quorum was established. II. Attendance Members: Janice Bundy, Sue Chapin, Thomas Depouw, Renato Fernandez, Dale Johnson County: Darryl Richard — Project Manager, Michelle Arnold — ATM Director Others: Dayna Fendrick — Urban Green Studio, Dale Hannula — Hannula Landscaping and Irrigation, Sue Flynn - Juristaff III. Approval of Agenda Sue Chapin moved to approve the Agenda for September 18, 2012 as presented. Second by Tom Depouw. Motion carried unanimously 4 -0. IV. Approval of Minutes — August 1, 2012 Meeting Sue Chapin asked for verification from the Staff regarding page 2, 2nd paragraph, 1St sentence, she questioned if Staff stated "the traffic light is scheduled to be installed by September 2013." Staff responded with certainty. Dale Johnson indicated the developer funds for the traffic light are ready to be disbursed by Pulte. Pulte will need direction on how to proceed. Staff will coordinate with the developer on funds earmarke for thes traffic light through Dale Johnson. Renato Fernandez arrived at 10:00 AM. Date: Wall3 Item #: 1 "-Xz 2 R ►% Tom Depouw moved to approve the August 1, 2012 Minutes as presented. Second by Sue Chapin. Motion carried unanim°uuslty 5 -0. V. Transportation Services Report A. Budget Report Darryl Richard distributed the Radio Road East MSTU — Fund 166 Report date September 18, 2012. (See attached) • 1612 Ad Valorem Tax Uncollected - $6,180.77 A l 9 • Operating Expense Available - $9,478.47 • Reserves Available - $96,100.00 • Purchase Orders Paid - $70,957.73 • Open Purchase Orders - $501,128.05 Sue Chapin asked how the uncollected Ad Valorem taxes will be recorded in the budget in the new fiscal year. Staff will research how this is reconciled and noted the Ad Valorem taxes are a projection. Renato Fernandez questioned the Office Supplies available reflecting a shortage of $1,239.64. Staff will find out why it is negative. Darryl Richard stated Urban Green has open purchase orders with a remaining balance of $18,683.72 and $21,353. The purchase order number ending with 35662 will be closed -out. Staff will need an approval for the ratification. Caroline Soto will provide future Budget Reports. Discussion was made on the financial position of the RRE MSTU in comparison to other MSTUs, the collection of ad valorem taxes and what potential surprises the MSTU may experience. Staff reported the RRE MSTU was the only MSTU that opt to do a loan to finance the project. It was noted the MSTU has a good revenue stream and has loan money available. Dale Johnson added the collection of ad valorem taxes are used to pay the loan and there is always the potential that ad valorem tax collections may be significantly lower. B. Project Manager Report — Addressed under VT A. C. Meet & Greet — Addressed after VT A. VI. Landscape Architect Consultant Report A. Landscape Design Dayna Fendrick distributed a Radio Road East MSTU Landscape Architects Field Report dated September 6, 2012. (See attached) She reviewed the following: • ROW permit is approved and expires September 28, 2012. • MOT plans have been approved. • Irrigation submittals have been approved and comments provided by James Abney. • Bores have been white -lined and Hannula has field measured each bore. • Well drilling was completed on September 7. • Sleeve locations have been completed and summarized. 2 161Z A19' She reported Hannula will provide a sketch detail for transition from 3" SCH 40 within the sleeve to the regular Class 200 PVC mainline. He recommended a mechanical joint be used in lieu of a PVC flange glue joint due to failures and repairs needed with PVC joints. He will provide the cast difference between the two for the combined change order. Staff stated FPL indicated it could take 6 -8 weeks to get electrical service to the power drop. Staff will help expedite by staying on top of getting electrical service to the power drop. ■ The controllers have been delivered and are stored at the Collier County Transportation Warehouse. ■ Hannula is working on getting landscape and hardscape submittals prepared. Darryl Richard asked the Purchasing Department, what the County policy is on paying for stored materials and is waiting on a response. Darryl Richard distributed Change Order #1 —No. 12 -5878 dated September 17, 2012 in the amount of $13,069.50. He received the change order today and plans to review the proposed terms with Dayna Fendrick. Staff recommended the Committee give authorization not to exceed $15,000 for the change order and not to delay project. Sue Chapin noted the Committee previously pre- approved $10,000 for on site changes and had given Staff the authority to make that decision. Tom Depouw moved to add an additional $4,000 to the previous (pre- approved $10,000 for on site changes.) Second by Renato Fernandez. Motion carried unanimously 5-0. Darryl Richard distributed submittal photographs of Gumbo Limbos and other trees requested by Hannula from providers that are available from three nurseries. (See attached) Staff provided a "stop -gap" letter from Urban Green Studio regarding a change order request dated September 17, 2012. (See attached) The request was for a change order in the amount of $6,344.72 for the project to allow for time and services that were intended to be completed under the original P.O. #4500135562 to be transferred to the new P.O. #4500137971 for construction phase services and maintenance consulting. Tom Depouw moved to approve change order; taking $7,000 from the previous purchase order and moving it to the new purchase order. Second by Sue Chapin. Motion carried unanimously 5-0. 3 1612 A19'7 Dale Hannula provided and reviewed the Landscape and Irrigation Project Schedule dated September 13, 2012. (See attached) V. Transportation Services Report C. Meet & Greet Dale Hannula gave a brief background history on Hannula Landscaping. He noted Hannula Landscaping has been in business for 20 years and has been involved with many roadway projects in Collier County. He has a knowledgeable staff, some that have been with the company for 10 -12 years. Sue Chapin asked if the FPL power drop possibly delay Hannula's progress. Renato Fernandez asked if there were any other issues. Dale Hannula responded "no" to both questions and indicated the project will need the power to run the irrigation system. Plans are to start main line today or tomorrow. VII. New Business A. Extension of Landscape Architect Consultant Contract Darryl Richard stated the Purchasing Department confirmed the Advisory Committee can do a Request for Proposal (RFP) to allow the Committee to choose a Landscape Architect Consultant. An RFP is open to the public for bids. He noted 2- Committee members can serve on the Selection Committee. Serving on the Selection Committee will benefit the project. Michelle Arnold explained the difference between not doing and doing an RFP and the benefits of both options. Tom Depouw moved the Advisory Committee do their own Request for Proposal (RFP) rather than select from the few the County has picked. Second by Renato Fernandez. Motion carried 5-0. Dale Johnson suggested the Committee do the RFP first, receive clarification on procedures for the Selection Committee and then decide on the Selection Committee. Staff will email a draft on the Landscape Architect Maintenance Specifications to the Advisory Committee. Staff will send Landscape Maintenance Bid docs out to bid within the next few weeks. The transition will be smooth due to the fact the new contractor must follow the specifications. The new contractor will be held responsible. VIII. Old Business A. Liaison Report — Radio Road MSTU — None XI. Public Comments M 1612 A19 Janice Bundy asked if the traffic light on Radio Road could be installed before September 2013. Staff will coordinate payment from Pulte and continue to follow -up. The next meeting will be held on October 23, 2012 at 10:00 AM. The November 7, 2012 meeting will be cancelled. There being no further business to come before the committee, the meeting was adjourned at 11:50 A.M. Radio Road East Beautification MSTU Advisory Committee These minutes approved by the Advisory Committee on as presented X—OR amended The next meeting date is October 23, 2012 at the Plantation Club House, 7773 Tara Court, Naples, FL 34104 5 1612 Rko(& R"d sag c s 7 u 4"a# eaft 2885 S, garoed4e Vi&e idea, 57Z 34104 September 18, 2012 AGENDA I. Call Meeting to order II. Attendance III. Approval of Agenda IV. Approval of Minutes - August 1, 2012 Meeting V. Transportation Services Report A. Budget Report — Caroline Soto B. Project Manager Report — Darryl Richard C. Meet & Greet — Hannula Landscaping VI. Landscape Architect Consultant Report A. Landscape Design - Dayna Fendrick, Urban Green Studio VII. New Business A. Extension of Landscape Architect Consultant Contract VIII. Old Business A. Liaison Report — Radio Road MSTU — Sue Chapin IX. Public Comments X. Adjournment The next meeting is scheduled for September 18, 2012 at 10:00 a.m. Plantation Club House, 7773 Tara_ Court, Naples, FL 34.104 1 Al 91 1612 A19 RFdzo #Z".4 E414 299S S. H 0 NA�lti, Fl 34104 Summary of Minutes and Motions September 18, 2012 III. Approval of Agenda Sue Chapin moved to approve the Agenda for September 18, 2012 as presented. Second by Tom Depouw. Motion carried unanimously 4 -0. IV. Approval of Minutes — August 1, 2012 Meeting Tom Depouw moved to approve the August 1, 2012 Minutes as presented. Second by Sue Chapin. Motion carried unanimously 5-0. VI. Landscape Architect Consultant Report A. Landscape Design Tom Depouw moved to add an additional $4,000 to the previous (pre- approved $10,000 for on site changes.) Second by Renato Fernandez. Motion carried 5 -0. Tom Depouw moved to approve change order; taking $7,000 from the previous purchase order and moving it to the new purchase order. Second by Sue Chapin. Motion carried, 5-0. VII. New Business A. Extension of Landscape Architect Consultant Contract Tom Depouw moved the Advisory Committee do their own Request for Proposal (RFP) rather than select from the few the County has picked. Second by Renato Fernandez. 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U J m L � a Q SRO ' O .URBAN G RZ 1612 A194 LANDSCAPE ARCHITECT'S FIELD REPORT PROJECT: RADIO ROAD EAST MSTU FIELD REPORT No. 2 CONTRACT: LANDSCAPE & IRRIGATION - HANNULA LANDSCAPING, INC. PROJECT No. DATE 9/6/12 TIME 10:00 - 10:30 WEATHER Clear & sunny TEMP RANGE low 90's EST % OF COMPLETION 5% CONFORMANCE WITH SCHEDULE ( + / -) on track WORK IN PROGRESS Irrigation sleeve investigation complete, summary sent Irrigation submittals partially approved Well drilling rig set up NOTES /OBSERVATIONS PRESENT AT SITE Darryl Richard, CC ATM Dayna Fendrick, Urban Green Studio Dale Hannula, Hannula LS 1. ROW Permit is approved; expires 9/28/12, extension is pending. Update after meeting: Darryl reported later today that the ROW permit has been extended to 12/31/12. Prior to Dec. 31st (during the month of December) staff will review the project schedule in terms of actual completion date and if necessary extend the permit again to add more time. 2. MOT Plans are approved; Dale & Darryl met with Astaldi to coordinate the overlap area w/ Davis Blvd. Hannula has called in utility locates for advance MOT at SBB and RR. Hannula has purchased the MOT signage instead of renting. 3. Irrigation submittals have been approved and comments provided by James Abney. There are a few remaining items to be addressed. 4. Bores - have been white -lined and Hannula has field measured each bore. The bores should be done on Monday Sept 10. Hannula is to summarize bore additional LF ( at non - existing sleeves) and reduced LF (at power pole) and summarize for the combined change order. 5. Well drilling equipment was set up in the median at meeting time, and drilling was completed on Friday Sept 7. James observed the drilling and stated that the water looked good. 6. Sleeve locations have been completed and summarized. 7. Sleeve transition detail - Hannula is to provide a sketch detail for transition from 3" SCH 40 within the sleeve to the regular Class 200 PVC mainline. Hannula recommends that a mechanical joint be used in lieu of a PVC flange glue joint due to failures and repairs needed with PVC glue joints. Hannula is to provide the cost difference between the two for the combined change order. 8. FPL indicated to Darryl that it may take 6 -8 weeks to get electrical service to the power drop. This could impact the tree planting schedule, as nothing should be planted without the pump station being activated. Darryl to see if he can push FPL on their timeline. 9. Controllers - The controllers have been delivered and are in storage and available for pick -up by contractor at Collier County Transportation warehouse. 10. Pipe delivery was delayed and did not arrive this week, possibly due to Tropical Storm Isaac. Pipe delivery and mainline trenching to start next week. 11. Hannula to start getting landscape and hardscape submittals prepared next week. 12. Darryl emphasized the need to get Gumbo Limbo nursery sources identified and photos submitted for review before the MSTU Committee meeting on Sept 18. Hannula has expressed a concern with paying for nurseries to hold the trees for an extended period; without payment, the nurseries will sell the trees whenever possible. Darryl has checked with Purchasing on County policy on paying for stored materials and is coordinating the issue. J�u6�t�l�L�:i1� 1612 ^199 INFORMATION OR ACTION REQUIRED Hannula to provide sketch for Advance MOT Hannula to provide sketch detail for mainline transition at sleeves. Hannula to summarize Change Order to include additional electrical wire runs at power drop; bore additions & deletions, and recommended mechanical joints at sleeve transition areas. Summary to be provided before Sept 18 MSTU Committee meeting. ATTACHMENTS DISTRIBUTE TO All attendees James Abney Irrigation Consultants Katie Binkowski, UGS Scott Douglas, Hannula LS REPORT BY: Dayna Fendrick, Urban Green Studio 9/12/2012 1612 Al 91 Date: September 13, 2012 Hannula Landscaping And Irrigation, Inc. DESCRIPTION START END REVISE Notice To Proceed 07 -18 -12 07 -18 -12 Complete Mobilization 07 -18 -12 07 -31 -12 Complete 1. ROW Permits: By County 07 -18 -12 07-18-12 0930 -2- permit expires 2. MOT Plans 07 -18 -12 07 -31 -12 Complete on 12- 31 -12. Submittals: Irrigation 07 -18 -12 07 -31 -12 09 -14 -12 Landscape 07 -31 -12 08 -31 -12 09 -14 -12 Other 08 -01 -12 08 -31 -12 09 -14 -12 Directional Bores: / Sleeves White Lined Bores Locate Existing Sleeves Well: Locate Drill Well Electric For Well & Pump: Pump Station: Irrigation: Hardscape: Controller: By County Main Line Laterals Wire Valves Rotors, Heads And Bubblers Pavers Crushed Shell- Fabric -Pins- Edging Landscape: Trees Shrubs Ground Covers Mulch Substantial Completion: Final Completion 08 -03 -12 08 -07 -12 Complete 08 -07 -12 08 -31 -12 09 -14 -12 08 -01 -12 08 -04 -12 Complete 07 -26 -12 08 -03 -12 Complete 08 -03 -12 08 -15 -12 Complete 07 -26 -12 08 -31 -12 09 -22 -12 08 -31 -12 09 -15 -12 08 -15 -12 08 -31 -12 09 -07 -12 08 -06 -12 09 -15 -12 08 -15 -12 09 -30-12 i of l 0 08 -15 -12 09 -30 -12 09 -15 -12 10 -10 -12 Nt 09 -15 -12 10 -31 -12 09 -01 -12 10 -15 -12 10 -01 -12 10 -31 -12 10 -15 -12 11 -15 -12 11 -01 -12 11 -30 -12 11 -10 -12 11 -30 -12 11 -20 -12 12 -10 -12 12 -24 -12 12 -24 -12 01 -14 -13 01 -14 -13 1612' A19 URBAN GREEN 157��o -- LAND PLAN +NING LANDSCAPE ARCHITECTURE URBAN DESIGN September 17, 2012 Mr. Darryl Richard, RLA Collier County Transportation Services Division Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL 34104 SUBJECT: Radio Road East MSTU Construction Phase Services & Maintenance Consulting P.O. #4500137971 Change Order Request Dear Darryl, Per our discussion, we respectfully request a change order in the amount of $6,344.72 for the above referenced project to allow for time and services that were intended to be completed under the original P.O. #4500135562 to be transferred to the new P.O. #4500137971 for Construction Phase Services and Maintenance Consulting. We had originally anticipated that the tree tagging field trips and a good portion of the maintenance specifications would be completed by September 22, and would be invoiced under the original P.O. However, the work was not completed within that time frame, and could not be billed on the final invoice for the original contract, before that P.O. was closed out. These are not additional services, but rather services that were under contract under the old P.O. and were not completed and invoiced by the time the new P.O. was issued. According to Collier County Purchasing policy, we could not have the two P.O.'s open at the some time. We still need to perform these services to properly move the project forward. The services affected are primarily the tree tagging trips and preparing the maintenance specifications. Please call if you have any questions or comments regarding this request. We look forward to our continuing involvement with this significant project. Sincerely, , Managing Member FL LA Lie = LA0001124 16 12 t o er County Growtrt Management Division Construction & Maintenance Altemative Transportation Modes September 11, 2012 Attn: Dayna L Fendrick, RLA Urban Green Studio P.O. Bog 111841 Naples, FL 34108 RE: NOTICE TO PROCEED Project Name: Radio Road East MSTU - Construction Phase Services and Maintenance Consulting PURCHASE ORDER: P. O. #4500137971; dated: 09/06/2012 CONTRACT: Bid #08 -5060 Landscape Architectural Fixed Term COUNTY FUND: 166 - 162526- 763100 —RADIO ROAD EAST MSTU Dear Ms. Fendrick, This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant to Contract Bid 08 -5060. The purchase order number is shown above. This NTP is limited to the scope of work designated in Work Order/Purchase Order No. 4500137971 executed for the Materials Not to Exceed: $21, 353.00 Please include the purchase order number, Contract number and project number on each invoice to facilitate the payment process. Commencement date for the services associated herewith shall be considered to be Tuesday, September 11, 2012. Final completion of all work, based on 300 day contract completion, shall be considered to be Monday, July 8, 2013 Sincerely Yours, nrlp� Darryl Richard, MSTU Project Manager AWA a Twgx tabm Modes • 2885 South Horseshoe Drive • Naples, Florida 34104.239- 252.8192 • FAX 239.252 -5899 - wwwtolliergov.net Collier County Scard of County Commissioners Purchasing Department Phone: 239 - 252.8407 Fax: 239 -732 -0844 ». Tax Exempt: 85- 801262183OC -2 Vendor# 118696 URBAN GREEN STUDIO PLLC PO Box 111841 NAPLES FL 34108 Please deliver to: GROWTH MANAGEMENT DIVISION C &M LANDSCAPE MAINTENANCE 2885 S HORSESHOE DR NAPLES FL 34104 Terms of Payment Net 30 Days Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112 -5749 OR email to: bccapclerk @collierclerk.com Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order 1O Number 4500137971 Dale 09106/2012 cantactPemon Trans ATM Delivery Date: 09/30/2012 Currency USD Item Material Description Order Qty Unit Price Per Unit Net Value 00010 Const Task 2.1 meetings 2,192 each 1.00 2,192.00 Release order against contract 4600001972 Item 00010 Release order against contract 4600001972 Item 00010 00060 Maint Task 2.5 Attend MSTU Meetings 1,536 each 1.00 1,536.00 Release order against contract 4600001972 Item 00010 00070 Maint Task 2.6 Field Review 2,316 each 1.00 2,316.00 Release order against contract 4600001972 Item 00010 00080 Maint Task 2.7 Review Main 774 each 1.00 774.00 Release order against contract 4600001972 Item 00010 00090 Maint Task 2.8 Monthly Field Reports 1,488 each 1.00 1,488.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http : / /www.collier.qov.neUlndex.aspx ?page =762 (revision date 01/2212008), including delivery and payment terms. Further the VENDOR agrees to: Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. Notify department Immediately if order fulfillment cannot occur as specified Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112 -5749 OR email to: bccapclerk @collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: `sue Joanne Markiewicz, General Services / Purchasing Director Panted M10f2012@ 14:17:28 166- 162526- 763100 Page 1 at 2 166- 162526- 763100 -0 W/O for Radio Rd East Construction Phase Sys and Consulting.. 00020 Const Task 2.2 As - Built/ Rec Drawings 2,808 each 1.00 2.808.00 Release order against contract 4600001972 Item 00010 00030 Const Task 2,3 Set during const 8,438 each 1.00 8,438.00 Release order against contract 4600001972 Item 00010 00040 Const Task 2.4 Maint Specs 1,201 each 1.00 1,201.00 Release order against contract 4600001972 Item 00010 00050 Const Task 4.0 Reimbursable 600 each 1.00 600.00 Release order against contract 4600001972 Item 00010 00060 Maint Task 2.5 Attend MSTU Meetings 1,536 each 1.00 1,536.00 Release order against contract 4600001972 Item 00010 00070 Maint Task 2.6 Field Review 2,316 each 1.00 2,316.00 Release order against contract 4600001972 Item 00010 00080 Maint Task 2.7 Review Main 774 each 1.00 774.00 Release order against contract 4600001972 Item 00010 00090 Maint Task 2.8 Monthly Field Reports 1,488 each 1.00 1,488.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http : / /www.collier.qov.neUlndex.aspx ?page =762 (revision date 01/2212008), including delivery and payment terms. Further the VENDOR agrees to: Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. Notify department Immediately if order fulfillment cannot occur as specified Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112 -5749 OR email to: bccapclerk @collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: `sue Joanne Markiewicz, General Services / Purchasing Director Panted M10f2012@ 14:17:28 166- 162526- 763100 Page 1 at 2 Vendor# 118696 URBAN GREEN STUDIO PLLC PO Box 111841 NAPLES FL 34108 Po Number 4500137971 Date 09/06/2012 Item Material Description Order Qty Unit Price Per Unit Net Value Release order against contract 4600001972 Item Total net value excl. tax USD 21,353.00 Punted 161m Sep 10 201214:17:28 GMT -0400 166 - 162526 - 763100 Page 2 of 2 WORK ORDER/PURCHASE ORDER Agreement for "Landscape Architectural Services Fixed Term" Dated: September 23, 2008 (RFPBID # 08 -5060) This Work Order is for professional services for work known as: 1612 p19 Project Name: Radio Road East MSTU Construction Phase Services and Maintenance Consulting The work is specified in the proposal dated August 29, 2012 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Urban Green Studio. Scope of Work: As detailed in the attached proposal and the following: CONSTRUCTION PHASE. SERVICES: Task 2.1 Meetines Principal /Senior Landscape Architect 14 hrs. @ $128 /hr. $ 1,792.00 Irrigation Sub - Consultant Lump Sum $ 400.00 300.00 Horticultural Sub - Consultant $ 2,192.00 Task 2.2 As -Built /Record Drawings $ Principal /Senior Landscape Architect 6 hrs. @ $128 /hr. $ 768.00 Auto CAD Technician 20 hrs @ $ 62 /hr. $ 1,240.00 Irrigation Sub - Consultant Lump Sum $ 800.00 150.00 Horticultural Sub - Consultant $ 2,808.00 Task 2.3 Services Durine Construction Principal /Senior Landscape Architect 38 hrs. @ $128/hr. $ 4,864,00 Design Associate 15 hrs. @ $ 75 /hr. $ 1,125.00 Auto CAD Technician 2 hrs. @ $ 62 /hr. $ 124.00 Administrative Assistant 15 hrs @ $ 55 /hr. $ 825.00 Irrigation Sub - Consultant Lump Sum $ 1.500.00 $ 8,438.00 Task 2.4 Maintenance SQecifications Principal /Senior Landscape Architect 4 hrs. @ $128/hr. $ 512.00 Design Associate 4 hrs. @ $ 75 /hr. $ 300.00 Auto CAD Technician 2 hrs. @ $ 62 /hr. $ 124.00 Administrative Assistant 3 hrs @ $ 55 /hr. $ 165.00 Irrigation Sub - Consultant Lump Sum $ 100.00 $ 1,201.00 Task 4.0 Reimbursable Expenses (estimated) Reimbursable Expenses allowance ........................... ..............................$ 600.00 MAINTENANCE CONSULTING: Task 2.5 Attend MSTU Meetines Principal /Senior Landscape Architect 12 hrs. @ $128 /hr. $ 1,536.00 Task 2.6 Field Review Meetines Principal /Senior Landscape Architect 12 hrs. @ $128 1hr. $ 1,536.00 Irrigation Sub - Consultant Lump Sum $ 300.00 Horticultural Sub - Consultant Lump Sum $ 480.00 $ 2,316.00 Task 2.7 Review Maintenance Report Sheets Principal %Senior Landscape Architect 3 hrs. @ $128 /hr. $ 384.00 Irrigation Sub - Consultant Lump Sum $ 150.00 Horticultural Sub - Consultant Lump Sum $ 240.00 $ 774.00 Task 2.8 Monthly Field Reports Principal /Senior Landscape Architect 6 hrs. @ $128/hr. $ 768.00 Administrative Assistant 6 hrs @ $ 55 /hr. $ 330.00 1612 91 Irrigation Sub - Consultant Lump Sum $ 150.00 Horticultural Sub - Consultant Lump Sum $ 240.00 $ 1,488.00 OPTIONAL SERVICES (UDon Request by County) Task 2.9 Limited Refurbishment Design Services Principal /Senior Landscape Architect 12 hrs. @ $128/hr. $ 1,536.00 Design Associate 4 hrs. @ $ 75 /hr. $ 300.00 Irrigation Sub - Consultant Lump Sum $ 200.00 $ 2,036.00 Task 3.0 Miscellaneous Services Principal /Senior Landscape Architect 4 hrs. @ $128 /hr. $ 512.00 Design Associate 2 hrs. @ $ 75 /hr. $ 150.00 Irrigation Sub - Consultant Lump Sum $ 100.00 $ 762.00 Task 4.1 Reimbursable Exnenses (estimated) Reimbursable Expenses al lowance ........................... ..............................$ 150.00 TOTAL FEE $ 24,301.00 (TME) 1612 Al 9� WO -Page 2 Urban Green Studio /Radio Road East MSTU Radio Road East MSTU Construction Phase Services and Maintenance Consulting Schedule of Work: Complete work within 300 days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum OLuntp Sum Plus Reimbursable Costs X Time & Material (established hourly rate -- Schedule A) ❑Cost Plus Fixed Fee, (define which method will be used for which tasks) as provided in the attached proposal. Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. Q APPROVED BY: i B - Z-1, l Z Darryl Rich roject Manager Date APPROVED BY: A dP 36 '12 Michelle Edwards Arnold, ATM Director Date 1 APPROVED BY: _ ZC!' 1 l ('� "� `7 `n, Steve arnell, Xdministrator, Public Services Division Date ACCEPTED BY: Urban Green Studio of ith ized Company Officer bate 1, FNdh'clk 1MAMAI-rl YYewk,,er' Type or Print Name and Title 0 FOR: 1612 PROFESSIONAL SERVICES PROPOSAL Radio Road East MSTU SUBMITTED TO: Mr. Darryl T. Richard, RLA, Landscape Project Manager Collier County Growth Management Division Alternative Transportation Modes Department PREPARED BY: DATE: SUBJECT: Ms. Dayna L. Fendrick, RLA, AICP Urban Green Studio, PLLC August 29, 21012 Proposal for Landscape Architectural Services Construction Phase Services and Maintenance Consulting 1.0 OVERVIEW & ASSUMPTIONS 1.1 The project is approximately 1.3 miles in length, and extends from Santa Barbara Boulevard east to Davis Boulevard. The subject medians range in width from 35'to 45'. Curbing and irrigation sleeving is in place. 1.2 The project is to be funded by the Radio Road East MSTU, which was created for the purpose of landscape and irrigation installation and maintenance. The Radio Road East MSTU Committee (Client) will be responsible for design review and decisions, with input from the Alternative Transportation Modes Department staff (ATM). 1.3 The project team will include James Abney Irrigation Consultant as a sub - consultant for irrigation design, Signature Tree Care as an arborst, and Eco- Botanic Design as Horticultural consultant. Urban Green Studio (UGS) will be the prime consultant, and will manage and coordinate the sub - consultants. 1.4 This Construction Phase Services and Maintenance Consulting scope is based on implementing the 100% Landscape and Irrigation design plans prepared by UGS and approved by Collier County, per the established limit of work line. Radio Road East MSTU Proposal Construction Phase Services & Maintenance Consulting 1612 August a9, 2012 1.5 It is assumed that UGS will retain the ability to request that the Project Manager shift funds and /or re- distribute activities between tasks, if tasks require different levels of effort than originally estimated. 2.0 SCOPE OF SERVICES CONSTRUCTION PHASE SERVICES 2.1 MONTHLY MSTU MEETINGS Attend monthly MSTU Committee meetings throughout the construction process. Four (4) meetings are allowed for in the proposed fee table. The fee schedule reflects attendance by one (1) UGS personnel, Ms. Fendrick or Ms. Binkowski, at the regularly scheduled meetings. Mr. Abney will attend every other monthly meeting. Attend utility coordination meetings with utility contacts identified through Sunshine One. 2.2 AS- BUILT RECORD DRAWINGS Prepare AutoCADD Record Drawings based on redlined drawings and field information provided by the Contractor. UGS will provide one CD with electronic files (AutoCADD drawings) and one set of RDF's to Collier County ATM. 2.3 SERVICES DURING CONSTRUCTION UGS and Mr. Abney will provide the same services outlined below during construction, except as where noted. Provide design clarification, respond to RFI's from the Contractor, and review shop drawings and materials samples. Review pay requests, completed quantities and process change orders. Make recommendations for modification and adjustments of irrigation and /or plant materials in response to known utility conflicts. Apply for deviation (if necessary) using standard county procedures for deviation approval. Perform periodic site visits to observe the contractor's progress and general oompliance With the plans and specifications. The construction time frame is assumed to be approximately 84 days (12 weeks) to substantial completion and 112 days (16 weeks) to final acceptance. UGS staff will attend weekly field meetings during construction and prepare field progress reports every other week. Mr. Abney will attend field meetings and prepare field reports every other week during construction. If the construction 2 Radio Road East MSTU Proposal Construction Phase Services & Maintenance Consulting August 29, 2012 Al 9 time frame extends beyond the assumed schedule, additional services will be required to perform continued site observation. (Assumed start date is September 23, 2012 and completion date January 14, 2013). Perform one preliminary walk - through at substantial completion and prepare a punch list outlining corrective actions needed. Perform one final walk - through to verify corrections have been made, and prepare a final project report. Perform a walk - through one year after final acceptance to review the condition of plant materials and the irrigation system components. Identify any materials that are not in acceptable condition, which must be replaced under warranty. 2.4 MAINTENANCE SPECIFICATIONS Review Collier County standard Maintenance Specifications and modify as necessary to address the Radio Road East design elements and specific plant materials. Modified items may include the following: • Fertilization recommendations, based on information to be provided by Collier County ATM regarding recent Collier County experience. • Arborist services/ pruning recommendations for Gumbo Limbo trees. • Recommendations for preparation for and /or treatment of plant materials after a frost event. • Crushed shell maintenance. • Maintenance bid items & quantities, based on record drawings. MAINTENANCE CONSULTING — 6 month period PRIMARY MONTHLY SERVICES 2.5 MSTU MEETINGS Attend the publicly advertised Radio Road East MSTU meetings. This proposal assumes one representative from UGS attending one meeting per month for 6 months. 2.6 FIELD REVIEW MEETINGS Attend one meeting per month in the field with ATM Staff and /or maintenance Contractor to review the project areas. UGS will attend all of the monthly walk- throughs. James Abney and Eco- Botanics will attend one field meeting every other month. 2.7 REVIEW GENERAL MAINTENANCE REPORT SHEETS 3 Radio Road East MSTU Proposal Construction Phase Services & Maintenance Consulting August 29, 2012 1612 p19 Review and comment on the "General Maintenance Report Sheets" which are required to be submitted by the Contractor with pay request submittals. Review estimates provided by Contractor with recommendations. 2.8 MONTHLY FIELD REPORTS Prepare monthly written and /or oral comments and recommendations based upon on- site observations of the MSTU areas addressing: improvements, landscape plant and irrigation maintenance problems or deficiencies. This includes evaluation of Contractor performance per contract specifications. Submit monthly written report to Collier County ATM Staff three (3) days prior to MSTU meeting. OPTIONAL SERVICES 2.9 UPON REQUEST LIMITED REFURBISHMENT DESIGN SERVICES Provide limited (minor) refurbishment design services and observation of installation on an as requested basis, i.e. deliverables /functions might be as follows: a. Diagrammatic area sketch planting plans with a recommended plant list. b. Plant field locations by staking, flagging or paint marking. 2.10 UPON REQUEST MISCELLANEOUS SERVICES (Estimated) Provide assistance in developing the contract maintenance specification for purposes of bidding. Attend pre -bid meetings and assist in preparing any necessary addendum related to maintenance contract bidding. 3.0; 3.1 REIMBURSABLE EXPENSES Expenses for blue prints, reprographic services, color reprographics, overnight express delivery, and local courier delivery shall be reimbursable to UGS. 4.0 FEES Please see attached Exhibit A for the proposed Fee Schedule. 5.0 EXCLUDED SERVICES Survey services for field locates of underground utilities. 4 W J d W h W Q W D W Q W_ O O. N N N 4� N 7 OD Q LU U O a o �z m o W � a OC ¢ m H N O N V W 0 d Q z J 7 h 4n Us z 0 00 LLI z Wto h Z 4 w z Q W G Q 2 LU Ce CL w Z J Q Q z d w C1 Z aGo 0 G F Ln J z z cc OO O 1662 p19 !- N 0 A V o m pp m mN N V N Oa N t0 10 NN -VF N a S " H o = a o o d 000 W FZ V G m 0 7 00 M a N 36 C� V d' 00 LjD H sY et N 10 V m O y N N � N N N N N N N .MI 2 Ln N to to Of �. IY 01 d N ti m m °� � s " y :.1ND w N N N N N N N N i/f is N N o rq °m a N N W d, d; m in W ey1 O vil N v} vil 2 C N .. ,... 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O � V- O C N Y � d M NN M G N_ : LL H � L Y n dN 'o .D L m m a 3 m � y N d L CL Y L C1 d L+ YI N a .c c O C C Q d s t N v ti d L C v u � N O r O N Q •6°O ° a CO LU It ti 'L^ F aA a a° � i° u L u Q V N V � J � N L � Q O V C N C N � o c Q O N Q Z N m � o 1612 Al 0 Radio Road East MSTU Landscaping & Irrigation Project Change Order Number One No. 12 -5878 Date: September 17, 2012 Item # Qty Sym. Description 1612,qty Spec Unit Cost Total 39 1 Total Deletions Extend Feeder Wire From Utility Pole L.S. $ 1,955.00 $ 1,955.00 To Service Location $ - 45 410 3" HDPE SDR 11 Directional Bore L.FT. $ 14.85 $ 6,088.50 46 350 2" 150 SDR 13.5 Directional Bore L.FT. $ 6.40 $ 2,240.00 C/O 14 Harco Couplings 3" EA. $ 95.00 $ 1,330.00 C/o 28 Knuckle Restraints EA. $ 52.00 $ 1,456.00 Total Additions $ 13,069.50 Total Deletions $ - Net Change $ 13,069.50 By: Hannula Landscaping And Irrigation, Inc. AL 1612 LANDSC.PKG 8 IRRF.WIt7N, lW SUBMITTAL NO.: 6 JOB NAME Radio Road MSTU PLANT NAME Gumbo Limbo SPECS 16 -18' ht x 8-10'x 6" cal, 6'ct ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: SUBMITTAL NO.: 6 -1 JOB NAME Radio Road MSTU PLANT NAME Gumbo Limbo SPECS 16- 18'oa, 6" cal ARCHITECT Urban Green Studio Approved By: Date: 12 A19 SUBMITTAL NO.: 6 -2 JOB NAME Radio Road MSTU PLANT NAME Gumbo Limbo SPECS 16- 18'oa, 6" cal( 12 -14 x 4 x 3) ARCHITECT Urban Green Studio Approved By: Date: 12 A19 17 HAL LANDSCAPDJG R IRRQAnON, lW- SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 6 -3 Radio Road MSTU Gumbo Limbo 16- 18'oa, 6" cal( 12 -13 x 4 x 3) Urban Green Studio rHANNUL91 LAMSCAPM 6 IFlArmAnm SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 6 -3 -2 Radio Road MSTU Gumbo Limbo 16- 18'oa, 6" cal( 12 -13 x 4 x 3) Urban Green Studio SUBMITTAL NO.: 6 -3 -3 JOB NAME Radio Road MSTU PLANT NAME Gumbo Limbo SPECS 16- 18'oa, 6" cal( 12 -13 x 4 x 3) ARCHITECT Urban Green Studio Approved By: Date: 612 ^19t� �h5 1y "Y 1612 H 'I II l LA LANDSCAPING X. IRRUATICJi , Na SUBMITTAL NO.: 1 JOB NAME Radio Road PLANT NAME Royal Palms SPECS 8- 10'gw. 22 -25'oa Heavy trunk ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Not clear where 8' -10' mark is Date: on tape & whether it is measuring c.t. or g.w. Please clarify. DLF 9/17/12 SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: AU 2 Radio Road Silver Palm 25gal, 3 -4'ht single trunk Urban Green Studio, Dayna Fendrick Approved DLF 9/17/12 1612 A19'" LM®SCAPNG A IRRQmAMQN, 1W- SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: Radio Road MSTU Buccaneer Palm 25gal, 6 -7'ht, heavy trunk Approved, but will still tag individually in the field. Note that material is field grown rather than container grown, and contractor will be responsible for any increased risk to survivability. DLF 9/17/12 1612 qy AULA LANDSCAP14G & IRRIGAMN, 1W - SUBMITTAL NO.: 4 JOB NAME Radio Road MSTU PLANT NAME Key Thatch Palm SPECS 25gal, 4 -5'ht, double trunk ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved with note that material is field grown rather than container grown, and contractor will be responsible for any increased risk to survivability. DLF 9/17/12 LAMSCAPM $ IFWIGMCN, 1W_1 SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: Radio Road MSTU Florida Thatch Palm 6 -7' ht sinqle full Urban Green Studio, Dayna Fendrick Approved with note that material is field grown rather than container grown, and contractor will be responsible for any increased risk to survivability. DLF 9/17/12 r 1612 9-1 r4ULA LAN]SCAPM & IIRIGAnQN, IW-- SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: Radio Road MSTU Gumbo Limbo 16 -18' ht x 8 -10' x 6" cal, 6'ct Urban Green Studio, Dayna Fendrick Rejected; this is not representative of the form or quality required for the project. DLF 9/17/12 16 1 � hi j Lbl'+a]SMPNG $ IFRIGAnON, IW- SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 7 Radio Road MSTU Pigeon Plum 12-14'x 6 -7 x 3" cal, 6'ct Urban Green Studio, Dayna Fendrick Form is acceptable; please clarify height. If the gentleman in the picture is 6', it looks like tree is not quite 12' ht. DLF 9/17/12 1612 p19 4 HANNULA 61330h a IFSWMM b%= SUBMITTAL NO.: 8 JOB NAME Radio Road MSTU PLANT NAME Silver Buttonwood SPECS 10 -12 x 6 -7 x multi x 5 trunks ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Conditionally approved; hard to see multiple trunks. Please provide additional photos of more samples. DLF 9/17/12 AULA LAND^SCAPM & IRRGATIQN, INt_ SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: Radio Road MSTU Blue -stem Palmetto /Sabal Minor 15gal, 3 -4'ht Urban Green Studio, Davna Fendrick Approved DLF 9/17/12 t 16 HALA IRRQAnCNe IW—' SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 10 Radio Road MSTU Silver Saw Palmetto 7gal, 24x24 "(avail 18 -20" by install) Urban Green Studio. Davna Fendrick Approved DLF 9/17/12 1612 A AUL LAM]SCAPM $ IFRIGAMON, 1 SUBMITTAL NO.: 11 JOB NAME Radio Road MSTU PLANT NAME Blanchetiana Bromeliad SPECS 3gal, 15x15" ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: The Blanchettiana variety Date: spec'd was the Orange version. Please resubmit. DLF 9/17/12 1612 A19 ANNULA LAIDSCAPM & IRRKRATIOM IWI SUBMITTAL NO.: 12 JOB NAME Radio Road MSTU PLANT NAME Imperial Bromeliad SPECS 3gal, 15x15" ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Rejected; this does not appear to be the Imperial Bromeliad. DLF 9/17/12 1612A19 A UL UMSCAPM $ ,MIGA,ON; ,W- SUBMITTAL NO.: 13 JOB NAME Radio Road MSTU PLANT NAME Orange Bird Of Paradise SPECS 3 gal, 18x18 ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved 5EF—] 9/17/12 A 9 .! SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 14 Radio Road MSTU Dwarf Bougainvillea Helen Johnson 3 qal, 14x14 Urban Green Studio, Davna Fendrick It is difficult to see if the stick is in the pot or on the ground. Please resubmit. DLF 9/17/12 H �M FHAl N " L L&NOSCAPIV12 Fa IFRIGATIM. 142, SUBMITTAL NO.: 15 JOB NAME Radio Road MSTU PLANT NAME Pink Muhly Grass SPECS 3 gal, 18x14 ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved DLF 9/17/12 SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: AULA 16 Radio Road MSTU Florida Coontie 3 gal, 15 x 15(avail 10 -12 ") Urban Green Studio, Dayna Fendrick Please confirm if this is the largest available. DLF 9/17/12 1612 A19 LM=CA IQ $ MIGAnON, lW- SUBMITTAL NO.: 18 JOB NAME Radio Road MSTU PLANT NAME Fireball Bromeliad SPECS 1 gal, 9x9" ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved DLF 9/17/12 1612 A191 HANNULA LANDSCAPING $ IRRIGAnON, ItJ- SUBMITTAL NO.: 19 JOB NAME Radio Road MSTU PLANT NAME Jill Bromeliad SPECS 1gal, 9x9" ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved DLF 9/17/12 1y�, A 19 . SUBMITTAL NO.: 20 JOB NAME Radio Road MSTU PLANT NAME Super Fireball Bromeliad SPECS 1 gal, 9x9" ARCHITECT Urban Green Studio, Dayna Fendrick Approved By: Date: Approved DLF 9/17/12 s t ALA LANDSC4PM & IRRIGAnQN, IK C. SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 24 Radio Road MSTU Sunshine Mimosa 1 qal, 4x12" Urban Green Studio, Dayna Fendrick Approved DLF 9/17/12 Im VA SUBMITTAL NO.: JOB NAME PLANT NAME SPECS ARCHITECT Approved By: Date: 1612 Al ti RL LANDSCAPIING & IRRIGATION. IIUr- 24 Radio Road MSTU Asiatic Jasmine 1 aal, 6x12" Urban Green Studio, Dayna Fendrick Plant is small; is this material being contract grown & will it be any bigger by installation? Are the plants fully rooted out? DLF 9/17/12 r 16 12,- ctob 2 A,,,,0,1 royal Of Minutes 1 of 3 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE /TOURIST DEVELOPMENT COUNCIL JOINT WORKSHOP M Naples, Florida, September 13, 2012 BY...... .................. LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee and the Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 6:00 P.M. in WORKSHOP SESSION in Administrative Building "F ", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Klatzkow, County Attorney Gail Hambright, Accountant Bill Lorenz, Director, Natural Resources Department Dr. Michael Bauer, City of Naples CAC John Sorey, III Jim Burke Randy Moity Anthony Pires Linda Penniman Robert Raymond Joseph A. Moreland Victor Rios Wayne Waldack �c. "vres: Date: � \ $I I --,'> Item #:� LC'S 214 2 "4-- 'A = 2*q 2Z Copies t0: TDC CHAIRMAN: Murray H. Hendel VICE CHAIRMAN: Rick Medwedeff Susan Becker Clark Hill Robert Miller Ed (Ski) Olesky Fiala Hiller Henning ,.�T_� ---- Coyle l T -- Coletta ,rc CHAIRMAN: VICE CHAIRMAN: ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Klatzkow, County Attorney Gail Hambright, Accountant Bill Lorenz, Director, Natural Resources Department Dr. Michael Bauer, City of Naples CAC John Sorey, III Jim Burke Randy Moity Anthony Pires Linda Penniman Robert Raymond Joseph A. Moreland Victor Rios Wayne Waldack �c. "vres: Date: � \ $I I --,'> Item #:� LC'S 214 2 "4-- 'A = 2*q 2Z Copies t0: 1612 AcAjO�t I VI -1 Approval Of Minutes 2 of 3 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 6:00 p.m. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Waldack. Carried unanimously 8 -0. VIII. New Business 1. Presentation and Discussion on Engineering and Design Considerations/Parameters Necessary to Successfully Renourish Collier County Beaches in 2013/2014. Stephen Keehn, P.E. of Coastal Planning and Engineering, Inc. presented the Slideshow "Collier County: Beach Design" dated for information purposes. The presentation outlined parameters for the Beach Design process for the proposed Beach Renourishment of Collier County Beaches that is anticipated to take place in 2013/2014. He reported: • The design is a "6 -year design" based on the 2006 renourishment template using a concept of identifying quantities of sand required and placed based on detailed studies at monument stations. • Some areas currently require for no sand to be placed, while other areas will require placement to achieve the design parameters. • The project is anticipated to begin September 15, 2013 and completed by June 1, 2014 2. Review of Discussion of Quantities required for a 6 -year; 8 -year and 10 -year design. Gary McAlpin and Stephen Keehn provided an overview of the quantity of sand that would be required to implement a 6, 8 or 10 -year beach renourishment design and outlined funding sources available to complete the project. 3. Public Discussion /Comment Sneakers Bob Krasowski Nicole Johnson, Conservancy of Southwest Florida Mick Moore, Vanderbilt Beach Resort Marcia Cravens, Sierra Club Doug Finlay kc, Zopl&all 2012 i 6 � � O Minutes 3 of 3 Mr. Pires arrived at 6:55p. m. Gary McAlpin notified those in attendance of an anticipated timeline expected for the applicable Advisory Boards and the Board of County Commissioners to review the Beach Renourishment project. Coastal Advisory Committee — Immediately following tonight's workshop during the regular CAC Meeting Tourist Development Council — September 24, 2012 Board of County Commissioners — September 25, 2012 IX. Announcements None X. Committee Member Discussion None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:10 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chair an These minutes approved by the Board /Committee on 10 , J J - X t 1 as presented or as amended 16f2 A21' Vanderbilt r each M.,'.). I U. Advisor'q Committee 2705 Horseshoe Drive South Naples, FL 34104 0 May 3, 2012 BY: ....................... MINUTES I. Call Meeting to Order ✓ The meeting was called to order by Charles Arthur at 1:57 p.Riler A quorum was established. Henning —= Coyle ✓ II. Attendance Coletta c; Members: Charles Arthur, Dick Lydon, Bruce Forman, Michael Price, William Sjostrom County: Darryl Richard –MSTU Project Manager, Michelle Arnold- Director ATM, Jereme Shaidle - Public Utilities, Gary McAlpin- Coastal Zone Management Others: Robert Kindelan –CLM, David Galloway -VBRA, Darlene Lafferty – Juristaff III. Approval of Agenda Add: V. Beach Access Signs Subsequent Agenda Items were renumbered. Vll. A. Adjusted Balance Sheet X. A. Bud Martin Memorial Bench Dick Lydon moved to approve the agenda as amended. Second by William Sjostrom. Motion carried unanimously 5 -0. IV. Approval of Minutes – April 5 2012 Dick Lydon moved to approve the minutes of April 5, 2012 as submitted. Second by Bruce Forman. Motion carried unanimously 5 -0. V. Beach Access Signs Charles Arthur stated the Committee's vision for the Vanderbilt Beach area is to resemble Pelican Bay in lieu of Ft. Myers Beach. He noted that the proposed Beach Access Signs are the same design that the Committee rejected last spring. Gary McAlpin reported the following information: o The Signs will be installed at 8 Beach Access peWTAMOulf Shore Dr. • The Signs are identical to Signs installed at Beach Access points along Gulf Shore Dr. Date: 1 Item #: X249 2 t Copies to: 161!2 A21 o Maximum size is 26 inches x 30 inches Installed at the minimum required 7 ft. height by County Code Charles Arthur deemed that the Committee prefers the existing (5 ft.) Beach Access Sign that is currently installed. Gary McAlpin replied that there is a history of the Community defacing or removing the current style of Beach Access Signs. Staff stated the Assistant County Attorney advised that the style for the Beach Access Signs was not specified in the Settlement Agreement (between Collier County and Property Owners regarding Beach Access and Signage.) It was noted that the Signs will protrude into the ROW and may be hit. Gary McAlpin stated that the Committee has the option of presenting any concerns about the Signage to the BCC. Dick Lydon moved for the MSTU Committee to appoint a representative to meet with the County Manger to discuss the problem and to get placed on the BCC Agenda prior to the expense of any monies (for Signage.) Second by William Sjostrom. Discussion ensued meeting with the County Manager and the County Commissioner to request the item be put on the BCC Agenda. The motion was amended to include: meet with the County Manager "and Commissioner (Hiller)" to discuss the problem Motion carried unanimously 5 -0. It was determined that Dick Lydon will represent the MSTU Committee at the meetings with the County Manager and Commissioner (Hiller.) Discussion took place on the status of the Signage. Gary McAlpin stated the following information: • Sign manufacturing in underway • The P.O. was issued • Signs were funded by the TDC (Tourist Development Council) After discussion Gary McAlpin agreed to put the Signage on hold until the item is presented to the BCC for consideration (in June.) It was concluded that Dick Lydon and David Galloway will present the Signage issue to the BCC. VI. Budget Report A. Adjusted Balance Sheet Darryl Richard stated the Budget Report, Adjusted Balance Sheet, and Project Phase Reports are included in the meeting packet. (See attached) 2 1612 A21 VII. Landscape Maintenance Report — CLM Robert Kindelan reported routine Maintenance is underway. VIII. Utilities Report — Charles Arthur reported the County Clerk intends to obtain and file an Opinion by the Attorney General before September 1St on the prepayment issue. Darryl Richard reviewed the following information: • Vista Switches will arrive May 14th • Construction is scheduled to commence May 21 st (per John Lehr) • Hole Montes NTP will be issued today Phase II and Phase III were discussed. It was agreed for Staff to draft a letter to alert Phase II and Phase III Property Owners. IX. Project Manager Report A. ATM Department - Darryl Richard — None B. Public Utilities Department — Mark Sunyak Jereme Shaidle reported Johnson Engineering was engaged to Design the Project. X. Old Business _ A. Bud Martin Memorial Bench Discussion took place on possible locations to place the Bud Martin Memorial Bench. It was suggested to place the Memorial Bench near his residence. XI. Update Report A. Maintenance — Bruce Forman — None XII. New Business A. Summer Meeting Schedule The Committee agreed to cancel the July, August, and September meetings. The October meeting was rescheduled to October 11th XIII. Public Comment —None n 16h2 A21 There being no further business for the good of the County, the meeting was adjourned by the Vice Chairman at 3:35 p.m. Vanderbilt Beach MSTU Advisory Committee ,Chairman C, These minutes approved by the Board /Committee on as presented X or amended The next meeting is June 7, 2012 at 2:00 P.M. . JOHNS PARISH LIFE CENTER 625 111 T" Ave. Naples, FL 2 1612 Vanderbilt r each M.S . I U. Advisory Committee 3299 East Tamiami Trail Suite 103 Naples, FL 34112 October 11, 2012 MINUTES I. Call Meeting to Order The meeting was called to order by Dick Lydon, A quorum was established. (Charles Arthur arrived at 2:02 p.m.) A21 + %owl BY: ....................... Vice Ch*rppn at 2:00 p.m- Hiller _ Henning�— Coyle _✓ II. Attendance Members: Charles Arthur, Dick Lydon, Bruce Forman, Michael Price, William Sjostrom County: Darryl Richard —MSTU Project Manager Others: Robert Kindelan —CLM, Terry Cole and Mike Roddis -Hole Montes, Inc, Ginny Kendall— Juristaff III. Approval of Agenda Add. Xl. B. 2 -Board Members Terms will expire in November Xl. C. Report on 2- Issues re: Meeting with Clerk and County Attorney Mr. Lydon moved to include notes for the June 7, 2012 even though no quorum was established. Second by Mr. Price. Motion carried unanimously, 4-0. Mr. Sjostrom moved to approve the agenda as amended. Second by Mr. Lydon. Motion carried unanimously, 4-0. IV. Approval of Minutes — May 3, 2012 Mr. Sjostrom moved to approve the May 3, 2012 minutes as presented. Second by Mr. Lydon. Motion carried unanimously, 4 -0. V. Beach Access Signs Kathy Robbins — Vanderbilt Beach Residence Association, Secretary placed signs on hold. She stated the signs were not in compliance with the proposal. Misc. Corres: Date--1 $ 1 item #: I U T2A -....1 -spies to: 1612 A21 Mr. Sjostrom voiced concern that road beach access signs should be marked to match the beach access number on the beach for emergency response purposes. Mr. Arthur stated according to the agreement, the access signs could only have the words "Beach Access" and anything else was forbidden. A consensus was formed to place project on hold. It was noted Mr. Sjostrom will contact the Sheriff's office for additional response information. VI. Budget Report Darryl Richard distributed and reviewed the Vanderbilt MSTU Fund 143 Report dated October 11, 2012. (See attached) He reported Remaining Purchase Orders in the amount of $336,448.08 to be paid. Mr. Arthur requested a balance sheet for the Boards' review. Staff will ask the Clerk to provide a balance sheet for the next meeting. Darryl Richard asked for a motion to close out Phase 1 FPL Project. Mr. Arthur asked to hear the Landscape Maintenance Report first. VII. Landscape Maintenance Report — CLM Robert Kindelan reported routine maintenance, some irrigation problems, restoration landscape valves on Gulfshore Drive is up to date. Mr. Lydon moved to approve $40,000 for Commercial Landscape Maintenance (CLM) for restoration and requested maintenance and demolition by FPL. Second by Mr. Arthur. Motion voted on under IX. A. VIII. Utilities Report —Addressed after IX. A. Bruce Forman arrived at 2:40 p.m. IX. Project Manager Report A. Alternate Transportation Modes (ATM) Department Darryl Richard distributed the Vanderbilt Beach MSTU —Weekly Construction Update for week ending October 5, 2012. He introduced Terry Cole and Mike Roddis from Hole Montes. They gave an update and problems with water and sewer underground connections and conducts for cable lines. • Gulf Shore Drive — trees cleared, installed conduit bores and equipment, pulled wire into conduits; connected equipment. • Private irrigation, phone and cable service lines are being repaired by Mas/Tec (Florida Sol) as necessary. • Landscape restoration will not occur until all FPL and Comcast work has been completed. • Pending construction issues on Gulf Shore Drive include: 2 1612 A21 LaPlaya — Mas -Tec installed the conduits. The trench was backfilled with flowable fill. Striping and installation of reflectors has been schedule within 30 days. - BQ Concrete began clearing site for installation of a Vista Cabinet and Transformer at Monte Carlo. Restoration will occur next week. - Additional bores are needed because some transformers on Gulf Shore Drive do not have spare conduits. Mas -Tec to coordinate with FPL. - Areas south of LaPlaya have existing transformers to be checked for spare conduits in order to complete looped systems. Clearing for proposed equipment and connection to existing transformers. Mas -Tec (Florida Sol) will check areas and coordinate additional work with FPL. It was noted a dual system will run until transformers are all in place. FPL will notify homeowners on power shut offs. There was a sewer break on Sea Breeze and water service repairs on Gulf Shore. Mr. Arthur cited possible risks in Phase II if Contractor was hired directly instead of FPL using their own personnel. Darryl Richard noted Comcast will take the poles down under their contract. Hole Montes will stay involved until Comcast completes work. (Motion made during Vll - Mr. Lydon moved to approve $40,000 for Commercial Landscape Maintenance (CLM) for restoration and requested maintenance and demolition by FPL. Second by Mr. Arthur.) Motion carried unanimously, 5 -0. B. Public Utilities Department - None VIII. Utilities Report Staff provided a letter addressed to The Honorable Dwight E. Brock from Gerry Hammond, Senior Assistant Attorney General, State of Florida dated August 9, 2012. (See attached) Mr. Arthur reported the status of Phase II & III Project in terms of bidding versus doing an escrow. He stated that if the MSTU were to bid Phase II & III the MSTU would have to hire it's own contractor as opposed to how Phase I Project is being done with FPL's contractor. Staff reported that in order to move forward with bidding Comcast for construction; the present agreement with Comcast must be terminated. It was noted that bidding Comcast may result in lower cost for the project but could also result in higher cost for the project than having Comcast just do the project as a Comcast Project. 1612 A21 Staff pointed out the present agreement has to be cancelled in order to enter into another agreement whereby the project could be bid for construction. The Advisory Committee Members expressed concern it would be unwise to move forward with cancellation of the present agreement prior to obtaining bid prices for construction of Comcast underground conversion. Mr. Price moved not to cancel current contract with Comcast. Second by Mr. Forman. Motion carried unanimously, 5 -0. The Advisory Committee agreed to contact congressman after the election. Mr. Lydon agreed and suggested contacting the Clerk regarding Comcast. Darryl Richard asked for a timeline confirmation for the required ROW permit process. It was decided on 90 days for substantial completion and 120 days for the final. He mentioned there was plenty of competition available on both fiber optics and standard cable. Mr. Arthur pointed out Hole Montes started at the end of May and Comcast should need less time. X. Old Business A. Bud Martin Memorial Bench Staff will schedule a meeting with Charles Arthur and Bud Martin's widow next week on suggested locations to place Memorial Bench. B. 2 -Board Members Terms will expire in November Mr. Arthur and Mr. Sjostrom reported they submitted applications. Formal approval of their applications will take place at the November meeting. C. Report on 2- Issues re: Meeting with Clerk and County Attorney — Addressed previously XI. Update Report A. Maintenance — None XII. New Business — None XIII. Public Comment —None Mr. Lydon moved to adjourn at 3:40 p.m. Second by Mr. Price. Motion carried unanimously, 5 -0. There being no further business for the good of the County, the meeting was adjourned by the Chairman at 3:40 p.m. M 1612 A21 Vanderbilt Beach MSTU Advisory Committee C Charles Arthur, Chairman These minutes approved by the Boardommittee on as presented OR amended , The next meeting is November 1, 2012 at 2:00 P.M. ST. 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Brack Clerk of the Circuit Court P.O. Box 413044 Naples, Florida 34101 -3044 Dear Mr. Brock: 1612 A21 OFFICE OF THE ATTORNEY GENERAL Opinions section PL-01 MW Capitol Tallahassee, FL 32399 -1050 Phone (850) 245-0158 F kvp:1Awww.myJlanVakgd -com r =� 0 (dojo) 9W3 M e� sr n G Y! ..1 9 c As Clerk of Courts for Collier County, Florida, you have requested an opinion on a number of questions which have generally been characterized as: 1. The legality of making advance payments to: A. FPL utilizing public funds generated by a Collier County created municipal services taxing unit, the Vanderbilt Beach Municipal Services Taxing Unit (hereinafter "MSTU ") for the underground conversion of overhead electrical utility lines within Collier County road rights of way (the "MSTU Project"; and, B. the FDOT (using public funds generated by the Collier County Water -Sewer District, hereinafter "CCWSD ") to pay the expense of relocating existing underground utility lines owned by the CCWSD, during FDOT roadway expansion work on a state roadway; and, 2. Whether the MSTU Project must be competitively awarded pursuant to section 255.20, Florida Statutes. This office has no authority to review contracts and construe contractual terms nor will this office comment on the duties and responsibilities of another governmental agency or private actor at the request of the clerk of court unless those entities join in your request. Our authority is statutory and grants us the power to issue legal opinions on questions of state law to governmental actors on their own duties and responsibilities. Thus, in an effort to assist you I have take the liberty of rephrasing your questions in a fashion that would allow this office to comment. 1612 A21 The Honorable Dwight E. Brock Page Two In light of this office's statutory limitations and in an effort to provide you with some direction in this matter, l have recharacterized your questions as: 1) Whether the Clerk of Courts is authorized by the Florida Statutes to make advance payments and for what purposes; and 2) Whether an electrical project undertaken by an MSTU must be competitively bid. The following informal comments are provided in an effort to assist you in performing your duties as auditor of county funds. As this office has previously stated, the clerk of the circuit court, although a constitutional officer, possesses only such powers as have been expressly or by necessary implication granted by statute.' Thus, the clerk's powers, like those of other constitutional county officers, are limited to those powers which have been expressly granted or are dearly necessary to give meaning and effect to those powers which have been expressly granted z in the case of Alachua County v. PoWers,3 the Clerk of the Circuit Court of Alachua County sought a declaratory judgment to clarify his fiscal duties as deck of the county commission In four capacities: as auditor, accountant, custodian, and investor of county funds. The Florida Supreme Court stated that the trial court had correctly determined that "the Clerk was to act as county auditor in all auditing funds except when the board employs an independent auditing firm pursuant to Section 125.01(1)(x), Florida Statutes (1975).' As the Court in Alachua County v. Powers, stated: See, e.g., Op. Atry Gen. Fla. 78-95 (1978), concluding that in the absence of any authorizing statute, the clerk of the circuit court was not authorized to enter into a contract for insurance as specified therein, and Ops. Atry Gen. Fla. 77 -76 (1977) and 79-70 (1979), d. Op. Atty Gen. Fla. 80-59 ( 1980). And see Security Finance Co. v. Gentry, 109 So. 220,222 (Fla. 1926). in which the Florida Supreme Court stated that "[t]he clerk's authority is entirely statutory. and his official action, to be binding upon others, must be in conformity with the statutes .0 CL Pan American World Airways v. Gregory, 96 So. 2d 669, 671 (Fla. 3d DCA 1957). stating that'Rlhe dark is an officer of the court whose duties are ministerial and as such he does not exercise any discretion." 2 See Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980) (deck's authority is entirely statutory, and his official action to be binding upon others, must be in conformity with such statutes); Ferfts v. State, 380 So. 2d 1118 (Fla. 2d DCA 1980) (clerk of court's power to ad must dearly appear from particular statute). Gessner v. Nf Ak CorporatAw,17 So. 2d 522 (Fla.1944); and 67 C.J.S. OffiCers s. 190(a). See also Ops. Atry Gen. Fla. 86-94 (1986), 78-95 (1978) and 75-161 (1975). Akx*ua County v. Poivws, 351 So. 2d 32 (Fla. 1977). 1612 q21+ The Honorable Dwight E. Brock Page Three The clerk has the authority and responsibility to perform the auditing functions both as an arm of the board in auditing the records of constitutional officers and as a watchdog of the board in the case of pre - auditing accounts of the board in determining legality of expenditure. The phrase' legality of expenditure' includes that the funds are spent for a public purpose, that the funds are spent in conformity with county purchasing procedures or statutory bidding procedures, that the expenditure does not overspend any account or fund of the budget as finally adopted and recorded in the office of the clerk. If the board becomes concerned, it has the authority to require a performance audit or post -audit by an independent accounti ng firm. 4 Thus, while the clerk of court is charged with performing certain auditing functions, it appears that his inquiry into the "legality of expenditure" should be directed to determining whether the funds being audited are spent for a public purpose, whether they are spent in conformity with county purchasing procedures or statutory bidding procedures, and whether the expenditure is within the limits of any account or fund of the budget as finally adopted and recorded in the office of the clerk. In regard to your first question you have referred to the authority granted the Clerk of Cant by sections 28.235 and 215.42204), Florida Statutes. Section 28.235, Florida Statutes, authorizes the clerk of the circuit court to make advance payments for goods and services: The clerk of the circuit court is authorized to make advance payments on behalf of the county for goods and services, including, but not limited to, maintenance agreements and subscriptions, pursuant to rules or procedures adopted by the Chief Financial Officer for advance payments of invoices submitted to agencies of the state. Thus, the statutory authority is broad, includes maintenance agreements and subscriptions but is not limited to those types of services and must be accomplished with reference to rules or procedures adopted by the Chief Financial Officer that apply to advance payments by state agencies. 4 1d., at 37. 1612 A2 The Honorable Dwight E. Brock Page Four Rule 691- 40.120, Florida Administrative Code, is the administrative rule of the Department of Financial Services and Chief Financial Officer relating to advance payments and makes such payments valid when made in accordance with several statutes.-5 Section 215.422(14), Florida Statutes ,6 is cited in the rule as authority for certain advance payments: (3) Advance payment may be made under the provisions of Section 215.422(14), Florida Statutes, in accordance with the following: (a) Advance payment may be made for maintenance agreements, software license agreements, and subscriptions which meet one of the following criteria: 1. Advance payment will result in a savings to the State which is equal to or greater than the amount the State would earn by investing the funds and paying in arrears. 2. The goods or services are essential to the operation of a State agency and are available only if advance payment is made. 3. Payments which are equal to or less than the threshold of category two as defined in Section 287.017, F.S., and which meet one of the above criteria do not require prior approval of the Chief Financial Officer. The voucher requesting payment must document that the payment meets one of the above criteria. 4. Prior approval of the Chief Financial Officer is required for advance payment in excess of the threshold of category two as defined in Section 287.017, F.S. (b) Advance payment may be made for other goods or services 9 approved in advance by the Chief Financial Officer. Criteria for approval shall include: 1. Advance payment will result in a savings to the State which is equal to or greater than the amount the State would ear by investing the funds and paying in arrears. 2. The goods or services are essential to the operation of a State agency and are available only if advance payment is made. ° The rule also recognizes advance payments made pursuant to section 216.181(6), Fla. Stat., which deals with moneys appropriated by the Legislature and does not appear to apply to your situation. ° The statute requires that the Chief Financial Officer must adopt rules to authorize advance payments for goods and services and that "[s]uch rules shall provide objective criteria for determining when it Is in the best interest of the state to make payments in advance and shall also provide for adequate protection to ensure that such goods or services will be provided-6 1612AL' The Honorable Dwight E. Brock Page Five A determination of whether a particular project or agreement meets these criteria is outside the scope of this office's authority but both section 28.235, Florida Statutes, and Mule 691 - 40.120, Florida Administrative Code, contemplate and authorize advance payments upon satisfaction of the prescribed criteria. Your second question appears to involve the issue of whether an electrical project undertaken by an MSTU (municipal services taxing unit) must be competitively bid pursuant to section 255.20, Florida Statutes. Section 255.20(1), Florida Statutes, in part, provides: A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-amounting principles to have total construction project costs of more than $300,000. For electrical work, the local govemment must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $75,000. As used in the statute. the term "competitively award" means: to award contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. However, the provisions of subsection (1) above requiring competitive awards do not apply: To construction, remodeling, repair, or improvement to a public electric or gas utility system if such work on the public utility system is performed by personnel of the system 7 According to your letter and information submitted with that letter, the MSTU project under consideration is to be performed by Florida Power and Light, Section 25520 (1) (c) 3., Fla. Stet. The Honorable Dwight E. Brock Page Six 1612 AZ a public utility, using personnel of the system. In light of these assertions, it would appear that the exemption in section 255.20 (1) (c) 3., Florida Statutes, would apply. I trust that these informal comments will provide you with some guidance. I regret that this office could not be of more direct assistance to you but trust you understand that our statutory authority is limited. Sincerely, Gerry Hammond Senior Assistant Attorney General MEMORANDUM 16 1 2 A 2 1 -;�j DATE: October 16, 2012 TO: Darryl Richard FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have 2 vacancies on the above referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the application received for your review as follows: Mr. Charles C. Arthur 239 Channel Drive Naples, Florida 34108 Mr. William Sjostrom 25 Bluebill Avenue Naples, Florida 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252 -8097. If the applicant is a reappointment, please attach the last 2 years attendance records. Thank you for your attention to this matter. IM Attachments 1612 A21 Mitchelllan rom: ccarthur @earthlink.net ent: Tuesday, October 09, 2012 5:56 PM o: Mitchelllan Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252 -8606 Phone Number "s Fax :239 -598 -4575 Business: WM6il A4dress: ccarthur earthlink.ne of Indicate Wbu1d you and/or auy oigam44; ions with whomryqu re ated.benefiit fro�xt +decisions or 1 [Vanderbilt Beach MSTU Collier's Reserve Country Club, Treasurer and President Volunteer, Pinecrest 1612 A21 Mitchelllan *'oMn b sjost @yahoo.com t: Saturday, September 29, 2012 10:16 AM : Mitchelllan Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252 -8606 Do you or your employeir do business with the County? .7 of Indicate Would you andlor any organizatioans with whom you are affiliated, :benefit from decisions or. redbmmok ationsmid - by thi$ .advisory, board? of Indicate ' 6 16 Are you. regi tereOy ter in C allC i un 1 Ye Do youi currently bold p 16 ! < p21 -, bo you �qurr'entlyo i --ever served on a Collier .. C-ouaty ,Board 9r Committee? [Ye [Vanderbilt MST Print 1612 gal To :" (fbayview @aol.com)" , "Bill Sjostrom (bsjost@yahoo.com)" , "Charles Arthur Vice Chairman (ccarthur @earthlink.net)" , "dlydon124@aol.com" , "mprice3663 @aol.com" From : "Richard Darryl" CC : "sueflynn @onebox.com" "ArnoldMichelle" "SilleryTessie„ Subject :Florida Attorney General's Response - Vanderbilt Beach MSTU Vanderbilt Beach MSTU Advisory Committee, Staff has received the Florida Attorney General's Informal Response to the Clerk of Court's request for a Formal Opinion on advance payment and competitive bidding issues related to the FP & L underground utility conversion project. (Please see attached document) The Informal Opinion supports the lawfulness of processing payments for the future phases of the project (Phase 11, 111, and IV) in a manner similar to the current arrangement (ie., utilizing an escrow account to process payments). As to Comcast, staff has spoken to its attorney and representatives and will be terminating a previously executed Underground Facilities Conversion Agreement so that the County can competitively bid the project; which is required by law and could yield a better cost savings for the MSTU. At this time we are working with Comcast Engineers on project drawings and specifications prior to bidding. Once that task is accomplished, a new Agreement expressing the parties rights pertaining to the conversion of Comcast overhead facilities will be executed. Thank you, Darryl Richard, RLA MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 - 252 -5775 Fax: 239 - 252 -6627 Cell: 239 - 253 -9083 Under Florida law, e -mail addresses are public records. IF you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. https:Hmyaccount. onebox. com / Secure /Print.aspx ?User = 576997 &MailType = email &Mai1Fo... 9/3/2012 "I Print Page 1 of 1 1.6 /P/ To :" (fbayview @aol.com)° , "Bill Sjostrom (bsjost @yahoo.com)" . "Charles Arthur Vice Chairman (ccarthur@earthl ink. net)° "cilydon124 @aol.com" "mprice3663 @aol.com" From : "RichardDarryl" CC : "SilleryTessie" "Arnold Michelle" "sueflynn @onebox.com" Subject :Open Cut on Gulfshore Drive (near La Playa) Vanderbilt Beach MSTU Advisory Committee, FP & L has identified an area which requires deviation from original project plans due to existing utilities found. The area is directly in front of La Playa Beach & Golf Resort Property and as such County Staff and FP & L staff are working very closely with La Playa to make sure that the operational requirements for La Playa Resort are not negatively impacted by our project. In coordination with La Playa a construction date of 'not to occur prior to Sept. 15th' has been established for the 'Open Cut' which works with La Playa's commitments to its clients. As such county staff is working with Purchasing Dept. to obtain open competitive quotes for this 'Open Cut' project. This item has a very clear defined scope and lends itself to open competitive bidding given that we have till Sept. 15th to determine who the contractor will be to perform the project. Purchasing Dept. has confirmed that the bids for this solicitation will be due on Sept. 10th. Staff will provide summary of bid results once known. After bid results are posted — we will ask that the MSTU Advisory Board review and report back to staff regarding approval (please do not copy your fellow advisory committee members). In order to expedite this project the Advisory Board approval will be done via email with members reporting to staff on their approval (or comments) then staff will report results of advisory committee review /approval afterwards. This open cut is 'required' by FP & L to perform the project. All potential alternative solutions have been explored regarding other engineering alternatives and also funding mechanisms. This item has been identified as an 'Applicant' responsibility by FP & L in accordance with the PSC approved Tariff. If you'd like to discuss this quote for the Open -Cut with me further please contact me directly at 239 - 253 -9083 and I will ensure that your questions have been answered and if necessary copy the entire MSTU Advisory Committee on any additional information they should be aware of as we address this critical project component. Thank you, Darryl Richard, RLA MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 - 252 -5775 Fax: 239 - 252 -6627 Cell: 239 - 253 -9083 Under Florida Law, e -mail addresses are public records. It you do not want your e -mail address released in response to a public records request; do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. https:Hmyaccount. onebox. com / Secure /Print.aspx ?User = 576997 &MailType = email &Mai1Fo... 9/3/2012 w 0 w w O 2 LL J D 0 z O H U z W a O Q z O a O J H U W n O w a z O U) w z O U 0 z O w 0 w W a z J 0. LL H U a w m J_ m W a z Print 1612 Page 1 of 1 A21 To:" (fbayview @aol.com)" "Bill Sjostrom (bsjost@yahoo.com) ", "Charles Arthur Vice Chairman (ccarthur @earthlink .net)° "dlydon124 @aol.com" "mprice3663 @aol.com" From : "Richard Darryl" CC : "sueflynn @onebox.com ", "Arnoldichelle" , "SilleryTessie" Subject :Florida Attorney General's Response - Vanderbilt Beach MSTU Vanderbilt Beach MSTU Advisory Committee, Staff has received the Florida Attorney General's Informal Response to the Clerk of Court's request for a Formal Opinion on advance payment and competitive bidding issues related to the FP & L underground utility conversion project. (Please see attached document) The Informal Opinion supports the lawfulness of processing payments for the future phases of the project (Phase II, III, and IV) in a manner similar to the current arrangement lie., utilizing an escrow account to process payments). As to Comcast, staff has spoken to its attorney and representatives and will be terminating a previously executed Underground Facilities Conversion Agreement so that the County can competitively bid the project; which is required by law and could yield a better cost savings for the MSTU. At this time we are working with Comcast Engineers on project drawings and specifications prior to bidding. Once that task is accomplished, a new Agreement expressing the parties rights pertaining to the conversion of Comcast overhead facilities will be executed. Thank you, Darryl Richard, RLA MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 - 252 -5775 Fax: 239- 252 -6627 Cell: 239 - 253 -9083 Under Florida Law, e -mail addresses are public records. If YOU do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. instead, contact this office by telephone or in writing. https:Hmyaccount. onebox. com / Secure /Print.aspx ?User = 576997 &MailType = email &Mai1F... 8/30/2012