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W z C m m M C n 3 m z z a m O v v p TI Z _ m n _ N o=0 �rrn C cn co '-'Mr) m MMz rn r �m zO M D z � z D '-' n z D z � <0 r- NJ m O co 8) rnoow r H P m Z. � nV) 0�z <z W m m 0 >z -< �QO 2 z D rn,z Wco rn D -I N �0 K 6 3 > n m o m N zC) 0 V mph' Ohm o ( O U') Ln .-q m�� -�im> ZDr- �r �O OGo co 0 c� z I 'a V _r' 0 z a m G) m z a m 3 M 4 M z G) m r m m H Z I I I i 1 i a r) r) 3DO �� rn OTO z - c rn rn z Lo m zO rn D ~z D M "z j° z m �zz �Z<o = r N =Wo rnoow vi rnzw � > v) 0�3 �<z 0 (n 0 ;u 0QO z z MP 0 C m D-Io �O-A 3-�6 C3> D m Ln M 0 N z -I 0 0 N mo- O�rn 0 � O z rn -M G) n- -n -1 zO> �0 OW 0 L c� z I 'a r� U2 0 O rt m n z 3 m C' �v �m U) r l► cl a O m z °a 3 m I mIZ- IN J .. 1-n a m c 't n ni C O H s 0 �o a 1 7 Ma r m m ma X H Z n m a X u cQ m C. 0) rt �D el ri 1 .b Office of the County Attorney ne R Jeffrey A. Klatzkow < i9 Deputy County Attorney • Scott R. Teach Section Chiefs • Heidi F. Ashton- Cicko* Jacqueline W. Hubbard* *Board Certified City, County and Local Government Lae Assistant County Attorneys • Colleen M. Greene Jennifer B. White Steven T. Williams Jeff E. Wright* March 20, 2012 Via E -Mail and U.S Mail Richard Rice 1247 Madison Court Immokalee, Florida 34143 -2624 Re: Collier County Airport Authority Advisory Board Dear Mr. Rice: I have been advised of your recent election to the Board of Fire Commissioners of the Immokalee Fire Control District. Although this is an achievement which you should take a great deal of justifiable pride in, it unfortunately means that you may no longer serve as a member of the Collier County Airport Authority Advisory Board. Ordinance No. 2010 -11 (the Collier County Airport Authority Advisory Board Ordinance), Section 3, provides in pertinent part, that "No person holding elected office at the state, county or municipality level shall be appointed to, or be a member of the Advisory Board." Accordingly, I have little recourse at this moment but to advise you that you are required to immediately resign from the Airport Authority Advisory Board. I want to personally thank you for your service to Collier County, and wish you the best of luck with the Immokalee Fire Control District. Sincerely. Jeffrey A. Klatzkow County Attorney cc: Chris Curry (via e -mail only) Ian Mitchell (via e -mail only) 3299 East Tamiami Trail, Suite 800 • Naples Florida 34112 -5749 • (239) 252 -8400 • FAX: (239) 252 -6300 C> L-L. l t4 1�—? VA G Pl - - - -- Original message---- - From: Tom Tomasello <tgtpa a�comcast.net> To: &apos;Rollin Rhea &apos; <rollinrhea(a)-yahoo.com> Cc: &apos;Scott Shirley &apos; <sshirleV(a)asrlegal.com> Sent: Wed, Mar 28, 2012 17 :13:13 GMT +00:00 Subject: Collier County Rollin, t1ey-�q 4- Pv$uLc, Corvrn� 5 7- court, Collier County Attorney, Colleen Green, called me today. She said many of the public records we requested were in the possession of their consultants (Coastal Engineering Consultants, Inc. for one) and the County would have to pay its consultants to search for and obtain these documents. She said County staff did not have any money at this time to pay its consultants to provide the documents. She said County staff would make a request to the Board of County Commissioners for such funds and this was likely to take place at the upcoming April 10 County Commission meeting. Thus, although the County's response to our production request was due on March 23, we do not have all documents as yet. I agreed to work with Ms Green to limit our requests to save time and money. Also, she said the County would bill us for the production request. Typically in these proceedings, parties do not charge to produce documents. We will do more research on that. She did not tell me how much she would be requesting from the Commission. Will be interesting to see the reaction of the Commission to this request. Please contact me with any questions. Tom Tom Tomasello 1107 Terrace Street Tallahassee, Florida 32303 Email: tgtpa @comcast.net p 850.224.9199 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2011 Go The 2011 Florida Statutes Page 1 of 2 7 n , l � 11d M- le to rN-6 In Title X Chapter 119 View Entire Chapter PUBLIC OFFICERS, EMPLOYEES, AND RECORDS PUBLIC RECORDS 119.021 Custodial requirements; maintenance, preservation, and retention of public records. (1) Public records shall be maintained and preserved as follows: (a) All public records should be kept in the buildings in which they are ordinarily used. (b) Insofar as practicable, a custodian of public records of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible for convenient use. (c)1. Record books should be copied or repaired, renovated, or rebound if worn, mutilated, damaged, or difficult to read. 2. Whenever any state, county, or municipal records are in need of repair, restoration, or rebinding, the head of the concerned state agency, department, board, or commission; the board of county commissioners of such county; or the governing body of such municipality may authorize that such records be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them. 3. Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book. The copy shall then have the force and effect of the original. (2)(a) The Division of Library and Information Services of the Department of State shall adopt rules to establish retention schedules and a disposal process for public records. (b) Each agency shall comply with the rules establishing retention schedules and disposal processes for public records which are adopted by the records and information management program of the division. (c) Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s. 257.36_ (d) The division may ascertain the condition of public records and shall give advice and assistance to public officials to solve problems related to the preservation, creation, filing, and public accessibility of public records in their custody. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. The division shall establish a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall, subject to the availability of necessary space, staff, and other facilities for such purposes, make space available in its records center for the filing of semicurrent records so scheduled and in its archives for noncurrent records of permanent value, and shalt render such other assistance as needed, including the microfilming of records so scheduled. http: / /www.leg. state .fl.us /STATUTES /index.cfm ?App mode= Displav Statute &Search Stri... 4/9/2012 Statutes & Constitution :View Statutes : Online Sunshine �„� Page 2 of 2 (3) Agency orders that comprise final agency action and that must be indexed or listed pursuant to s. 120.53 have continuing legal significance; therefore, notwithstanding any other provision of this chapter or any provision of chapter 257, each agency shall permanently maintain records of such orders pursuant to the applicable rules of the Department of State. (4)(a) Whoever has custody of any public records shall deliver, at the expiration of his or her term of office, to his or her successor or, if there be none, to the records and information management program of the Division of Library and Information Services of the Department of State, all public records kept or received by him or her in the transaction of official business. (b) Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records. History. —s. 2, ch. 67 -125; s. 3, ch. 83 -286; s. 753, ch. 95 -147; s. 5, ch. 2004 -335. Copyright © 1995 -2012 The Florida Legislature • Privacy Statement • Contact Us http: / /www.Iev,. state .fl.us /STATUTES /index.cfm ?App mode = Display Statute &Search Stri... 4/9/2012 7-CIZV STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners, vs. DOAH Case #: 12 -495 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Respondents. PETITIONERS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY RESPONDENT, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PETITIONERS, by and through their undersigned counsel, pursuant to Rule 1.280 and Rule 1.350, Florida Rules of Civil Procedure, and Rule 28- 106.206, Florida Administrative Code, hereby request Respondent, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, produce for inspection and copying the documents designated below, such inspection to be held at the law offices of Ard, Shirley & Rudolph, P.A., 207 W. Park Avenue, Suite B, Tallahassee, FL 32301, within thirty (30) days from the date of receipt of this request. GENERAL PROVISIONS AND DEFINITIONS 1. As used herein, the term "documents" or "documentation" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin or location, or any video, computer disk, book, pamphlet, periodical, letter, or memorandum (including any memorandum or report of a meeting or conversation), order form, receipt, calendar, telex, electronic mail, email, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper, chart, paper, print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data sheet or data processing card, data stored on a computer hard -drive or disk, specification, or any other written, recorded, transcribed, punched tape, filmed, or graphic manner, however produced or reproduced, which is in your possession, custody, control, or otherwise accessible to you, or which was, but is no longer, in your possession, custody or control. 2. As used herein, the term "you" or "your" means the Respondent, BOCC, and its agents, representatives, and employees. 3. "BOCC" means the Collier County Board of County Commissioners, Collier County, and its agents, representatives, and employees 4. When producing documents, separate and identify them by the production request number to which they are responsive, and if responsive to more than one request, identify them by each such request number to which they are responsive. 5. If any document responsive to a request was, but is no longer, in your possession or subject to your control, state what disposition was made of it and the reason for its disposition. 6. These production requests are continuing, requiring you to supplement your response and to produce any additional documents if such documents are discovered by you after the time you first respond to this request. 7. To the extent you object to any production request, set forth all reasons therefor. 2 f REQUESTED DOCUMENTS 1. All documents related to Florida Department of Environmental Protection File Number CO -922 V. 2. All documents containing the Mean High Water positions and profile comparisons referred to in paragraph 2 of the August 15, 2011 (Revised) "Petition for Variance From 62B- 33.005(8) Vanderbilt Beach Restroom and Concession FDEP File #CO -922" (Revised Variance Petition "). 3. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that the "[t]he proposed project will increase pedestrian accessibility ". 4. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that "the Department's application of the Rule would create a "substantial hardship ". 5. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that "TDC funds currently encumbered for this project will be lost when the Project is cancelled ". 6. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that [t]here is no alternative for siting the proposed improvements more landward ". 7. All documents related to each alternative the BOCC considered which would allow a more landward location of the proposed improvements. 8. All documents containing information related to "beach usage at this access point" as discussed in paragraph 2 of the Revised Variance Petition. 3 7 -cam 9. All documents related to the "existing concessioner" referred to in paragraph 4 of the Revised Variance Petition. 10. All documents which support or are related to the claim in paragraph 5 of the Revised Variance Petition that "the proposed structure lies landward of the uniform line of construction established by multiple major structures ". 11. All correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of Gary McAlpin, in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding or to the Vanderbilt Beach access facilities. 12. All correspondence, letters, memorandum, electronic mail, email, and notes sent to, delivered to, or received by Gary McAlpin, in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding, or to the Vanderbilt Beach access facilities. 13. All correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of any agent, representative, or employee of the Respondent, including but not limited to Michael T. Poff, P.E., which are in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding or to the Vanderbilt Beach access facilities. 14. All correspondence, letters, memorandum, electronic mail, email, and notes sent to, delivered to FEMA in any way related to the Vanderbilt Restroom and concession project, including but not limited to the potential for variances from applicable FEMA requirements. 15. All documents related to ownership of Vanderbilt Beach Road and the cul de sac at the end of that road adjacent to the land on which the Vanderbilt Beach Restroom and 4 concession project is proposed to be constructed. 16. All documents related to any study undertaken by Collier County, or any proposal reviewed or considered by the BOCC, to construct a recreational pier at Vanderbilt Beach, including but not limited toy all correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of any consultant, agent, representative, or employee of the BOCC. 17. All documents related to any request or application the BOCC has submitted to any local governmental entity in Collier County seeking a variance in any form from any flood hazard protection requirements adopted by that local governmental entity or Federal Emergency Management Agency under the National Flood Insurance Program, including but not limited to, base flood elevation requirements. 18. All documents related to any variances the BOCC or Collier County has issued under Collier County Land Development Code 9.04.05 to any flood hazard protection requirements adopted by the BOCC or Collier County. 19. All documents the BOCC intends to introduce as evidence at the hearing in this proceeding. 20. All other documents known to the BOCC which support the allegations included in its Revised Variance Petition. 21. All documents referred to by the BOCC in its answers to Petitioners' First E Interrogatories to BOCC. Respectfully submitted this 91" day of February, 2012, /Scott Shirley Scott Shirley Fla. Bar No.: 547158 ARD, SHIRLEY & RUDOLPH, P.A. Post Office Box 1874 Tallahassee, Florida 32302 -1874 (850) 577 -6500 (850) 577 -6512 (facsimile) sshirley @arslegal.com Thomas G. Tomasello Florida Bar No. 233587 THOMAS G. TOMASELLO, P.A. 1107 Terrace Street Tallahassee, FL 32303 (850) 224 -9199 tgtpa @comcast.net Attorneys for PETITIONERS CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing were provided via electronic mail to Colleen M. Greene, Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112, ColleenGreene @colliergov.net, and to West Gregory, Esquire, Assistant General Counsel, Office of the General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd. MS # 35, Tallahassee, Florida 32399- 3000, West. Gregory@dep. state.fl. us, this 9th day of February, 2012. /Scott Shirley Attorney STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners. vs. DOA Case #: 12 -495 FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Respondents. PETITIONERS' S1 1'OND1,1RS� I' REQUEST FOR PRODUCTION OF DOCUMENTS BY RESPONDENT, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _PETITIONERS, by and through their undersigned counsel, pursuant to Rule 1.280 and Rule 1.350, Florida Rules of Civil Procedure, and Rule 28- 106.206, Florida Administrative Code, hereby request Respondent, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, produce for inspection and copying the documents designated below, such inspection to be held at the law offices of Ard, Shirley & Rudolph, P.A., 207 W. Park Avenue, Suite 13, Tallahassee, FL 32301, within thirty (30) days from the date of receipt of this request. GENERAL, PROVISIONS AND DEFINITIONS I. As used herein, the term "documents" or "documentation" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin or location, or any video, computer disk, book, pamphlet, periodical, letter, or memorandum (including any memorandum or report of' a meeting or conversation), order form, receipt, calendar, telex, electronic mail, email, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper. chart, paper, print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data sheet or data processing card, data stored on a computer hard -drive or disk, specification, or any other written, recorded, transcribed, punched tape, filmed, or graphic manner, however produced or reproduced, which is in your possession, custody, control, or otherwise accessible to you, or which was, but is no longer, in your possession, custody or control. 2. As used herein, the term "you" or "your" means the Respondent, BOCC. and its agents, representatives, and employees. 3. "BOCC" means the Collier County Board of County Commissioners, Collier County, and its agents, representatives, and employees 4. When producing documents, separate and identify them by the production request number to which they are responsive, and if responsive to more than one request, identify them by each such request number to which they are responsive. 5. 1 f any document responsive to a request was, but is no longer, in your possession or subject to your control, state what disposition was made of it and the reason for its disposition. 6. These production requests are continuing, requiring you to supplement your response and to produce any additional documents i f such documents are discovered by you after the time you first respond to this request. 7. To the extent you object to any production request, set forth all reasons therefor. 2 REQUESTED DOCUMENTS 221. '\[] ,site, design and.....arch.itectural plans prepared 1),, the BO( V. 161- the 110(:(..'_ ol al, thcrvqqcsl d, I lie II(XV related v -over and to tile proposed ne\.V "Cst"0011) facilities. � alk linpro%cinerils at the 'ligertail Park r)—uhlic beach. and am otller4wo (sed restroORIs €I J ties in Collier Count%, rvor)osed h-, Or Under rcvic%\ or consideration ti Ali4 Nulnl-m GO-0 ­­ 2 _..._._.A44 ._Mean- .....} h -Watef- ....}omit _ftfiJ____f)f+A4e A_?<)4TTPa6,;t iffs f-e 4iTl-e4 ii l, i n. August... }- 5_24 }1 4 fi+"e 444,_-'�GO-422!. +Rek4sed Ali 'A'hieh SuIll-)W4, Of HI-le Felated to the ektiffl in- Pafd#fUJ4I 2 -(14: (lie R(n kv�d varj ff�ce poili011 I-11'at the ­It the twoposej py(�JeCt moll iflefease pedestrian aceesiiWkjy*.'..- 4, ......_ —Al l (W are rokited to the claim i.n. Vara#fafAl 2 {41(he that the DepaftlPeTH.-.'s afl }ieatiofl ot'.. dlv4. 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Fi er att s li r OCk" Respectfully submitted this day of February, 2012, Thomas G. Tomasello Florida Bar No. 233587 THOMAS G. TOMASELLO, P.A. 1107 Terrace Street Tallahassee, FL 32303 (850) 224 -9199 tgtpa(a &omcast.net Scott Shirley Fla. Bar No.: 547158 ARD, SHIRLEY & RUDOLPH, P.A. Post Office Box 1874 Tallahassee, Florida 32302 -1874 (850) 577 -6500 (850) 577 -6512 (facsimile) sshirley(aarslegal.com Attorneys for PETITIONERS CERTIFICATE OF SERVICE I IIEREBY CERTIFY that copies of the foregoing were provided via electronic mail to Colleen M. Greene, Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112, 1-- 44an_c)_to West Gregory, Esquire, Assistant General Counsel, Office of the General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd. MS # 35, "Tallahassee, Florida 32399 -3000, this day of February, 2012. Attorney Te CIV\' r-- - Formatted: Indent: First line: 0 ", Line spacing: Double